C04_JA_Post_Redacted.pdf

Department of the NAVY Naval Oceanographic Office

Contracting department 1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

J&A #

JUSTIFICATION AND APPROVAL

FOR

BRAND NAME FOR ITEM PECULIAR TO ONE MANUFACTURER

Authority: 10 U.S.C. 2304(c)(1) Implemented by: FAR 13.106-1(b)

Only One Source Authority: Yes, See RFI/SS results in paragraph 6. No Previous Justification: Yes, See previous justification attached. No

Pursuant to the Competition in Contracting Act (CICA) and in accordance with FAR 6.303-1 Requirements and FAR 6.303-2 Content, the justification incorporates sufficient facts and rationale to support the use of the statutory authority cited.

1. Contracting Activity.

This is a sole source justification executed by Naval Oceanographic Office (NAVOCEANO) Contracting Department.

2. Description of the Action Being Approved.

NAVOCEANO proposes to enter into a sole source contract award with Teledyne Webb for Maritime Acoustic Collection and Ocean Sampling (MACOS) batteries, payload bays and other maintenance items to support glider operations.

Teledyne Webb is the only authorized reseller of MACOS batteries and payload bays.

3. Description of Supplies/Services.

The Naval Oceanographic Office (NAVOCEANO) requires MACOS batteries, payload bays and other maintenance items. These items are required to perform maintenance on MACOS gliders after returning from missions at sea.

Estimated Dollar Value:

FY / Option / Ordering Period O&MN OPN FY22/ Lithium Batteries FY22/Payload Pay Maintenance items

Subtotals $0.00 Totals

4. Statutory Authority Permitting Other Than Full and Open Competition.

FAR 13.106-1(b) (10 U.S.C. 2304(c)(1)), Soliciting from a single source.

(1) For purchases not exceeding the simplified acquisition threshold.

(i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

5. Rationale Justifying Use of Cited Statutory Authority.

Under the leadership of the Naval Oceanographic Office, NP51 conducts geo-acoustic transmission loss surveys in areas of interest for the U.S. Navy. A part of this survey is to deploy the Maritime Acoustic Collection and Ocean Sampling (MACOS) glider system designed by US Navy’s Naval Information Warfare Center (NIWC). For the MACOS glider, NIWC utilized parts that are exclusively manufactured by Teledyne Webb. The MACOS glider is a data collection system used by NP5 to collect sub-bottom data and ambient noise. This sub-bottom data is used to update the Low Frequency Bottom Loss (LFBL) database which is used by the naval community. This ambient noise data is used to update the ambient noise database which is also used by the naval community.

The MACOS system uses natural noise and a hydrophone tail to autonomously collect data throughout the ocean. This data is then interpreted into layer maps by NAVOCEANO geophysicists. The resulting dataset is used to develop the bottom loss databases. The databases provides critical input to the Navy Standard Parabolic Equation (NSPE) model. The NSPE model is used during subsurface warfare to determine distances of acoustic transmission loss and other critical parameters used for anti-submarine warfare. Without new data collection for the database, updates to the NSPE model would cease, thereby creating a gap in Fleet's ability to determine accurate acoustic propagation in locations where the data is needed.

Four MACOS systems were originally purchased in 2018 through an MIPR to NIWC. Presently, NP5 currently owns and operates five MACOS Glider systems in total. Each system costs approximately based on most recent pricing.

Total investment has been to date.

All electronic components and materials are proprietary and cannot be replaced with after-market parts or generic parts.

Teledyne Webb is the only principle source for parts. The MACOS glider units are a highly complex system that contains specialized hardware and software. Only proprietary certified Teledyne Webb parts can safely be used to repair and maintain the MACOS systems. Any other manufactured parts are not compatible with the MACOS systems and would cause fatal malfunctions and destroy the operability of the MACOS systems. Thereby, ceasing all mission capabilities.

NP51 requires these parts to repair and maintain the MACOS gliders and to ensure that the Acoustic Surveys occur without fault, procurement of the necessary replacement parts is key.

NP5 projects to keep all four of these systems operational with an annual expenditure of up to

The annual amount typically expected to be expended is per year. It is in the governments best interest purchase the components for these systems. This is because the total cost to repair and maintain the systems is much less than the total cost of a new system.

Teledyne Webb is the only source for parts. The only other alternative would be to purchase completely new MACOS systems. This would be an unreasonable alternative because the cost to purchase new systems would be much greater than the cost to keep the current system repaired and maintained. Based on previous pricing, new systems would cost per system plus annual maintenance of per system. Four systems would be needed in total for a total cost of plus per year for maintenance.

NAVOCEANO has invested a time in creating documentation and has paid for training for the MACOS glider system.

Switching to an alternate system would present a significant cost to the government to retrain and to re-document. A Teledyne Webb training session costs per person, which NP51 will purchase approximately for 4 people every three years. Government personal have spent over 100 man-hours writing and customizing SOP documents to use and operate the system on TAGS vessels. It is in the best interest of the government to award this contract on a sole source basis in order to preserve these investments.

Failure to acquire these parts will eliminate NP5's ability to collect sub-bottom data with the MACOS glider. This will impact the HFBL and ambient noise databases that are used by the naval community to help predict detection and counter detection of both surface and submarine threats directly resulting in the possibility of loss of U.S. Naval vessels. No alternative solution exists. No other vendor provides the capabilities needed to repair and maintain the MACOS glider systems that will generate seismic data for upload to HFBL and ambient noise databases. The affects described above will impact all fleet operations and mission areas including Anti-Submarine Warfare (ASW), Mine Warfare (MIW), Naval Special Warfare (NSW), Expeditionary Warfare (EXW), and Navigation (NAV).

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

Only Teledyne Webb has the proprietery information to manufacture, test and certify parts for their MACOS gliders. No other manufacturers are acceptable.

7. Determination of Fair and Reasonable Cost.

Before making an award, the Contracting Officer will determine that the proposed price is fair and reasonable based on one of the techniques identified in Federal Acquisition Regulation (FAR) 13.106-3 (a)(2).

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVOCEANO has no plans at this time to compete future contacts for the types of supplies/services covered by this document. Prior to the award of future contracts, market research will be completed to determine if potential sources have emerged that will allow for competition.

CERTIFICATIONS AND APPROVAL

CONTRACT SPECIALIST CERTIFICATION

I certify that the facts supplied by the requiring activity to ensure this J&A contains sufficient facts and rationale to justify

TECHNICAL/REQUIREMENTS CERTIFICATION

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

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge and belief. To the extent that the J&A value not exceeding $750K, the Contracting Officer's signature below also represents approval of this J&A.

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the J&A value is over $750K but not exceeding $15M, the Competition Advocate's signature below represents approval of this J&A.

APPROVAL (>$15M)

Upon the basis of the above justification, I hereby approve, as Head of the Contracting Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority stated above.