E23.0 CUI Sole Source Redacted_Redacted.pdf

J&A #400-23-22JA

DEPARTMENT OF THE NAVY

PUGET SOUND NAVAL SHIPYARD

AND INTERMEDIATE MAINTENANCE FACILITY

1400 FARRAGUT AVENUE STOP 2090

BREMERTON WASHINGTON 98314-2090 IN REPLY REFER TO:

Ser 400/23-22JA

31 MAY 2023

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

Naval Sea Systems Command contracting activity Northwest Regional Maintenance Center/Puget Sound Naval Shipyard and Intermediate Maintenance Facility, Bremerton, WA proposes to enter into a sole source contract with Curtiss-Wright Electro-Mechanical Corporation, 1675 Brandywine Ave STE F, Chula Vista, CA 91911-6064 using simplified procedures for certain commercial items included in FAR subpart 13.5. Curtiss- Wright’s Cage Code and DUNs are 830P9 and 081159934, respectively.

2. Description of the Action Being Approved

PSNS & IMF has a requirement for assessments of High Pressure Air Compressors (HPAC) in support of a CVN 68 class aircraft carrier as part of ship repair and maintenance. PSNS & IMF proposes awarding a Firm Fixed Price contract for the assessments to Curtiss-Wright on a sole source basis in accordance with (IAW) FAR 13.501(a)(1)(ii) under 41 U.S.C 1901 and 10 U.S.C 2304 (c).

3. Description of Services

PSNS & IMF, in support of a CVN 68 class aircraft carrier, as part of ship repair and maintenance, requires assessments of #1, #2, #3, and #4 HPACs. The Original Equipment Manufacturer (OEM), Curtiss-Wright will perform the assessments. Requirements are for either OEM or Regional Maintenance Center (RMC) perform the inspections. Currently, the RMC does not have the resident expertise to perform the assessments; therefore utilizing the OEM is required. This Requirement does not have GFP.

The anticipated delivery date is

The estimated dollar value of the acquisition is

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is: 10 U.S.C 2304(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1).

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

6. Rationale Justifying Use of Cited Statutory Authority

Pursuant to FAR 6.302-1, when the supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

J&A #400-23-22JA

Curtiss-Wright is the only HPAC Factory authorized OEM and the only company that holds proprietary rights, as well as required expertise for delivery and performance of the required service. In addition to being the OEM, Curtiss-Wright is the only outside activity which can accurately perform assessments of HPACs currently installed onboard CVN 68 class aircraft carriers. Curtiss-Wright also owns proprietary information related to HPAC Assessments and repair. Applicable proprietary information includes patents held by the OEM affecting the fit-up, installation, and compatibility for these products shipboard. Proprietary data includes material composition, part dimensions, and machine tolerances. Failure to correctly assess HPACs may result in reduced reliability and non-operational capability for the vessel.

The OEM letter provided by Curtiss-Wright on April 7, 2021 confirms it is the only West Coast OEM Service Representative for the USS RONAL REAGEN (CVN 76) Worthington (now Curtiss-Wright) Model 30NL30D HPACs; stating “representatives will have access to all proprietary plans, drawings, and manuals as needed. Engineering staff at our manufacturing plants are also available (included) for any situations where such support may be required.”

The PSNS & IMF Engineering & Planning Department (EPD) has determined that Curtiss- Wright owns the necessary equipment and is experienced in performing the appropriate procedures and supplies identified in Paragraph 3. Curtiss-Wright is the only source known to the Government that can complete this work and meet the requirements.

7. Description of Efforts Made to Solicit Offers from as Many Offeror’s as Practicable

In accordance with FAR 5.201(a), the justification for the current requirement will be synopsized on SAM.gov as an Intent to Sole Source on May 31, 2023. In accordance with 10 USC 2304(c)(1) FAR Subpart 6.302-1, the requirement is only available from a single source which possesses capability, knowledge, rights in data, patents, drawings and copyright rights. Therefore no other source will satisfy the needs of the Government.

Current market research within the last 12 months resulted in the following High Pressure Air Compressor Sole Source Contracts awarded to awarded 17 August 2022, awarded 08 December 2022, and HPAC Assessment awarded 15 May 2023. This market research provides further confirmation that Curtiss-Wright is the only company capable of meeting this requirement.

8. Determination of Fair and Reasonable Costs

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on a detailed Independent Government Estimate (IGE) provided by the Requirements Generator, supporting historical prices received from the contractor (if required), allowed under FAR 13.106-3 to make a determination of fair and reasonable.

9. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, PSNS & IMF 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, PSNS & IMF will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVALS