C14 - Redacted Sole Source Justification.pdf

Subj: SOLE SOURCE MEMORANDUM TO ACQUIRE MARITIME BROADBAND

RADIOS FROM KONGSBERG UNDERWATER TECHNOLOGY

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Sole Source Justification.”

This is a Sole Source justification. Contracting activity is the Naval Sea Systems Command, Naval Surface Warfare Center, Panama City Division (NSWC PCD), 110 Vernon Avenue, Panama City, FL 32407-7001 (Contracts Department Code 02).

2. Nature and/or description of the action being approved.

This action will award a sole source, firm fixed price purchase order, on a sole source basis, to Kongsberg Underwater Technology, LLC, 19210,33rd Avenue West, Suite A, Lynnwood, WA 98036 for the acquisition of broadband maritime radios to support the test and evaluation (T&E) of the MCM Unmanned Surface Vehicle (USV). The MBR-S-144-Fixed is an engineering radio used to remotely control the MCM USV in test situations when regular communications are not working or are unavailable. It is necessary for high sea states, transiting where communications are unavailable, in the case of emergency operations; etc.

3. A description of the supplies or services required to meet the agency’s needs. The contract effort is to acquire the following:

Item Part Number Qty

MBR 144 Fixed Mount (including 10M cable)

MBR-S-144-Fixed

Power Supply (AC/DC), 100-

240VAC/24VDC (4.2A)

G072-59 6

This acquisition will be conducted using simplified acquisition procedures. The Government's minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements.

4. Identification of the justification rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

10 U.S.C. 2304(c)(1), 10 U.S.C. 2304(d)(1)(B). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements FAR 6.302-1(a)(2)(iii)(B).

Pursuant to FAR 6.302-1, this procurement is sole source for the following reasons. The MBR- S-144-Fixed produced by Konsberg Underwater Technology (Kongsberg) is the only interoperable, tested, and approved radio for MCM USV use. Because this radio remotely controls the MCM USV, there are safety considerations that make replacing this radio with an alternate cost and time prohibitive. The six MBR-S-144-Fixed engineering radios are the minimum required to support the scheduled dual reliability, acceptance and performance tests occurring at NSWC PCD as well as the Freedom Integration in Mayport and Cyber testing in San Diego, CA. The MBR-S-144-Fixed engineering radios are the only ratios that can:

1) Enable remote control when regular communications are unavailable.

2) Provides an alternative to manned control for emergency operations (frequently required for safety due to high sea states.)

3) Enable unmanned transits to establish regular communications when in range.

4) Enable regular testing when communications are not available or are not a component of the test.

If the MBR-S-144-Fixed engineering radios are not procured from the sole manufacturer, Konsberg, then development, testing and approval of an alternative radio would significantly delay MCM USV testing. This is an unacceptable alternative because MCM USV is a key component of the Littoral Combat Ship (LCS) Mine Countermeasures (MCM) Mission Package (MP) and every day that deliveries to the Fleet are delayed costs billions of dollars to maintain the legacy mine countermeasure capabilities that the LCS MCM MP is scheduled to replace. Therefore, it is imperative that these radios are acquired from Kongsberg Underwater Technology as soon as possible.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 13.106-1(b).

The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

For the reasons specified in paragraph 4 above, Kongsberg Underwater Technology is the only company that can provide the broadband radios that will meet the Government’s needs. This requirement will be synopsized in the government point of entry SAM.gov because the estimated dollar amount is greater than $25,000.00.

7. Any other facts supporting the justification.

None

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

As stated in paragraph 4 above, Kongsberg Underwater Technology is the only company that can provide the broadband radios that will meet the Government’s needs.