B03 JUSTIFICATION AND APPROVAL GEM5 5N1_Redacted.pdf

NSWCCD 021/001 FAR Part 13.5 J&A Effective February 2022 Page 1 of 5

J&A Number: N00167-23-SIMACQ-CD-0001

Code: 631 P.R. Number: TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Contracting Activity is Naval Sea Systems Command (NAVSEA), Naval Surface Warfare Center, Carderock Division (NSWCCD), Contracting & Acquisitions Department (Code 02).

2. Description of the Action Being Approved

This is a sole source action to be awarded without providing for full and open competition. The proposed two-year Indefinite Delivery Indefinite Quantity contract is to be awarded to Mirion Technologies (Canberra), Inc. 800 Research Parkway, Meriden, CT 06450.

This justification document is in accordance with FAR 13.501(a).

3. Description of Supplies

The proposed acquisition is for the purchase of embedded computers for the upgrade of Gamma Exit Monitors (GEM)-5 and GEM-5N Portal Monitors at various Naval Nuclear Propulsion Program (NNPP) sites. The embedded computers shall be equipped with Windows 10 IoT operating system software for compatibility with GEM-5 and GEM-5N monitor software, version 9.05 and up.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

CARDEROCK DIVISION

9500 MACARTHUR BOULEVARD

WEST BETHESDA MD 20817-5700

J&A Number: TBD

The contract funding amounts by dollar value, fiscal year, and appropriation are below. The initial order will be in FY23 and all follow-on orders will be in FY24.

Fund Type (APPN): Initial Order FY23

Additional Quantities, Not To Exceed Maximum FY24

Total:

O&MN

The estimated total value of the anticipated contract is $489,402.

The proposed acquisition is for the purchase of the supplies identified in the table below:

Quantity of GEM-5s and GEM-5Ns

Item Part # Minimum Quantity

Maximum Quantity

Assy,GEM-5 Embedded Computer 7079642 16 26 Assy,GEM-5N Embedded Computer 7079642 78 88

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. §2304(c)(1), “The property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency.”

(FAR 13.106-1(b)(2))

5. Rationale Justifying Use of Cited Statutory Authority

Mirion Technologies is the Original Equipment Manufacturer (OEM) of GEM-5 and GEM-5N Portal Monitors used at various NNPP sites to detect gamma radiation on personnel upon exiting radiologically controlled areas. A subset of these Portal Monitors contain embedded computers with obsolete Windows XP operating system software and these computers need to be replaced.

Competition is not feasible for purchase of the replacement embedded computers as the GEM-5 and GEM-5N Portal Monitors’ system design, hardware, software, and firmware is proprietary to Mirion Technologies. Embedded computers provided by other manufacturers cannot be interchanged or physically fitted within the unique design of the GEM-5 and GEM-5N systems.

An impractical alternative to upgrading the embedded computers with OEM-manufactured units is to completely replace the GEM-5 and GEM-5N systems in the NNPP’s inventory with a different manufacturer/model/brand of gamma exit monitor systems.

However, this plan would result in additional unnecessary costs to the Government. Based on the NSWCCD, Code 631’s market research, the cost to purchase an equivalent GEM-5 or GEM-5N exit monitor system is approximately $ If new systems were to be purchased at this price, the Government would have to pay approximately are in need of upgrade. This is more than seventeen times the cost of purchasing replacement embedded computers. This figure does not take into account the additional cost to the Government for installing the new systems, decommissioning the old systems, and labor costs to update and approve corporate Navy work practices and train personnel on new monitor systems.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

The NSWCCD, RDTB, Code 631 conducted market research in accordance with FAR 10.002(b)(2)(vii), focusing on both replacement of GEM-5 and GEM-5N embedded computers, as well as alternatives to replacement of the drive. No other computer was found that could be installed in the gamma exit monitor system.

NSWCCD Code 631 performed an engineering and risk assessment and determined that using a vendor who lacks knowledge of the proprietary hardware, software, and firmware of the existing GEM-5 and GEM-5N systems will pose a significant and unacceptable risk to the Government’s mission requirements.

Pursuant to FAR 13.501(a)(1)(iii), the Government will make this justification available on the Government point of entry (SAM.gov). The Government will ensure that the contract file will be documented as to any responses received from making the justification available.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated costs to the Government for the supplies covered by this J&A will be fair and reasonable.

Similar supplies of this requirement have been purchased from Mirion Technologies in the past under previous contract number N00167-22-P-0166 for Tool Contamination Monitor (CRONOS-11) hardware upgrades. This information should be sufficient to support the fair and reasonable cost determination of this proposed procurement.

In accordance with FAR 13.106-3(a), the Procuring Contracting Officer (PCO) shall ensure that all supplies provided under the anticipated contract are procured at a fair and reasonable price. The Government will require the contractor to submit a formal price proposal and sufficient information to support the accuracy and reliability of the estimate. The PCO shall determine that the proposed order represents the best value (as defined in FAR 2.101) to meet the Government’s needs. The PCO will also rely on experienced technical experts, as well as information from prior procurements, conducted by the Navy where the same (or comparable) devices were procured, when conducting the price analysis. This information will form the basis for a fair and reasonable price.

8. Actions to Remove Barriers to Competition

Mirion Technologies, Inc. holds proprietary rights to their GEM- 5 and GEM-5N system designs. Furthermore, Mirion Technologies, Inc. is the only manufacturer and distributor for its GEM-5 and GEM-5N brand. There are no licensed distributors.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL AND REQUIREMENTS COGNIZANCE:

CONTRACTING OFFICER CERTIFICATION (FAR 13.501(a)(2)(i))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Kristen Duhaime, Contracting Officer Date

APPROVAL BLOCK (FAR 13.501(a)(2)(ii) for a proposed contract exceeding $750,000, the Advocate for Competition approval)

Upon the basis of the above justification, I hereby approve, as the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

(TITLE OF APPROVING OFFICIAL)

Signature Name (Print) and Title (Code) Phone No. Date

DUHAIME.KRISTEN.M.1381611589 Digitally signed by DUHAIME.KRISTEN.M.1381611589 Date: 2023.03.16 13:11:27 -04'00'