CR-22055 Laser Refurb JA (002) (002)_Redacted.pdf

CUI

N REPLY REFER TO:

J&A Number: CR-22055

Code: 0234

P.R. TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center (NSWC) Crane, Contracts Division, Expeditionary Simplified Acquisition Procedures Branch, Code 0234.

2. Description of the Action Being Approved

Award of a three-year, firm-fixed-price indefinite delivery indefinite quantity contract on a sole source basis in support of the Joint Biological Point Detection System (JBPDS) Biological Agent Warning Sensor (BAWS) laser refurbishment to Lumentum Operations LLC. In accordance with 41 USC 1901, this action will utilize Federal Acquisition Regulation subpart 13.5 for the use of Simplified Procedures for certain commercial items.

3. Description of Supplies/Services

This procurement is for the refurbishment of the laser (part number NU 1.520) contained within the BAWS sensor. The JBPDS provides early warning identification of aerosolized biological warfare agents. The BAWS sensor is the first component in the event detection/identification process. It performs the function of activating the biological warfare agent detection system when background and sampled air differ significantly. The BAWS contains a detector that is designed to provide fully automatic detection (within 60 seconds) of low concentration aerosolized organic material (10-100/liter). The detector uses a laser beam to excite the cells to fluoresce. Optical circuitry is used to measure emission wavelengths of the particles, which are used to determine biological threat validity.

The following table lists the total ceiling estimates and funding by appropriation for each fiscal year. The estimates are derived from prior contracting efforts and current budgetary estimates from Lumentum Operations LLC. The basis for the Government’s minimum needs have been verified by the certifying technical and requirements personnel.

DEPARTMENT OF THE NAVY

CRANE DIVISION

NAVAL SURFACE WARFARE CENTER

300 HIGHWAY 361

CRANE INDIANA 47522-5001

CUI J&A Number: CR-22055

FY22 will obligate a preponderance of the funding due to a backlog of lasers from FY21, when no contracts were awarded, in addition to current FY22 requirements.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1), Only One Responsible Source

5. Rationale Justifying Use of Cited Statutory Authority

Pursuant to 10 USC 2304 (c)(1), Lumentum Operation LLC is the only source that can meet the Government’s sustainment requirements without unacceptable delays or the incurrence of substantial duplication of costs. JBPDS BAWS Depot in the Laser Systems Branch (JXQN) requires refurbishment of NU 1.520 lasers, which are an integral component in the BAWS.

The BAWS works on the principle of laser induced fluorescence in which an ultraviolet laser beam interacts with a flowing particle stream such that fluorescence is generated when particles containing biological agents are present. This illuminating laser, manufactured by Lumentum Operations LLC, was integrated into the JBPDS BAWS system manufactured by ChemRing Detection Systems, Inc. (CDS) and is proprietary to CDS. Lumentum Operations LLC developed the laser to a proprietary CDS performance specification and CDS is unwilling to allow Lumentum Operations LLC to sell or license the data rights that would make procuring a new laser or repairing a damaged laser under full and open competitive procedures possible. CDS has established agreements with its subcontractors, including Lumentum Operations LLC, to prohibit the sale of JBPDS and BAWS spare parts or other proprietary information, including those parts in the NU 1.520 laser, to anyone other than CDS. However, the Government is authorized by CDS to procure repairs and refurbishment of current lasers via Lumentum Operations LLC directly. Therefore there are no other laser manufacturers or repair companies that have the technical expertise or instructions with which to repair the NU 1.520 laser. No other lasers are currently approved for use in the JBPDS and BAWS systems. The detection systems require specific laser architecture, power requirements and software interoperability.

It would not be economically feasible for the Government to incur the costs to have the entire system, to include sub-systems, re-engineered in an effort to go out for competitive bids, nor to incur the cost to develop the knowledge base that CDS, Lumentum Operations LLC, and their sub-contractors already possess. It would cost the Government approximately to have the system re-engineered and new drawings developed. To incorporate the new drawings would take approximately , which does not include scheduling availability of testing laboratories, etc. If a different vendor was to be awarded the contract then additional testing would need to be performed. An approximation of the cost for reverse engineering the system through the actual testing of an Engineering Development model is broken down into the table below.

ITEM MAN

HOURS

LABOR

RATE COST

REVERSE

HARDWARE

ENGINEERING

BAWS Mechanical Interface

BAWS Alignment Interface

Temp/Heat Transfer Study

Optical Path Engineering

Optical Axis/Rotation

Optical Design/Optical

Bench Integration

Mechanical Form/Fit/Function

Testing

Drawing Generation

Procedure Writing/Qualificati on

TESTING FACILITIES

& LABOR

BAWS Mechanical Interface

NSWC Crane (2 weeks)

BAWS MTBF

Testing

CDS (2

Months)

Quality Assurance Testing

Edgewood, MD

( 3 weeks) Vendor

Qualification Testing

Edgewood, MD (Unknown time) Live Agent Testing Edgewood, MD or Dugway, UT

(3 weeks)

TOTAL:

The above estimated cost does not include any other direct cost or overhead costs, nor does it take into account the salary mark up from one calendar year to the next. The reverse hardware engineering estimates are based on a fully burdened labor rate of for Government engineers, and the hours are derived from previous estimates. The testing estimates are derived from costs incurred for testing on previous contracts.

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

A sources sought was posted on the beta.SAM website on 10 November 2021 and closed on 24 November, and only Lumentum Operations LLC expressed an interest in this requirement.

No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Lumentum Operations LLC to provide the required supplies and services.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable. Price analysis, consisting of comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items, will be utilized. Significant (or similar) quantities of this requirement have been purchased from this vendor and the Government can access and compare this pricing to pricing proposed to the Government.

These factors should be sufficient to support the fair and reasonable price determination for this procurement.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC Crane Code 0234 has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWC Crane Code 0234 will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

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

I certify that the facts and representations under my cognizance, which are included in this class justification and its acquisition supporting data, including Acquisition Plan No. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

REQUIREMENTS COGNIZANCE

LEGAL SUFFICIENCY (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

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

Signature Andrew Ficklin, 0234 Branch Manager, 0234 812-854-4477 Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as the Competition Advocate for the Procuring Activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Chief of the Contracting Office

Signature Kelly Siffin Date

12/1/21

12/8/21

FICKLIN.ANDREW.BRENT.1288918500

Digitally signed by

FICKLIN.ANDREW.BRENT.1288918500

Date: 2021.12.01 08:58:22 -05'00'

SIFFIN.MATTHEW.KELLY.1230322321 Digitally signed by SIFFIN.MATTHEW.KELLY.1230322321 Date: 2021.12.08 10:30:58 -05'00'