E24 Redacted JandA.pdf

For Official Use Only � See FAR 2.01 and 3.104

Last Updated: January 2020

MEMORANDUM TO THE RECORD

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, 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).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The contemplated action for approval is the award of a sole source contract with DRS to perform ACAS scans, STIG testing, and prepare reports in support of the Risk Management Framework (RMF) Phase 3-6 process for the Advanced Secondary Propulsion Unit Motor Controller

(ASPU-MC).

THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

IS BASED ON THE FOLLOWING (select all that apply):

A. X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Pursuant to FAR 6.302-1, the requirement described above has been determined to be achievable by only one source. DRS is the Original Equipment Manufacturer (OEM) of the ASPU-MC system and holds the cybersecurity data rights.

2. _X_ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

DRS is the Original Equipment Manufacturer (OEM) of the ASPU-MC system.

3. ___ OTHER REASONS.

Last Updated: January 2020

B. ___ BRAND NAME.

C. _X_UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: 8/27/2024

2. Required delivery date/period of performance: 9/26/2024 - 1/31/2025.

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

The services provided in this contract are required for the USS Jimmy Carter (SSN 23) to apply for Authority to Operate (ATO) from NAVSEA. This contract needs to begin as soon as possible due to the length of time that the follow on requirements take. Once the scans, tests and reports associated with this contract are complete, NAVSEA states that it takes a minimum of 90 days to complete a review for ATO. Getting this contract awarded during the month of September is critical in meeting the ability to accomplish the testing and local review to submit the final package to NAVSEA for review. Completing this work is required for the ship to meet its mission directly following its current Docking Continuous Maintenance Availability (DCMAV).

4. If appropriate, include any additional pertinent information. None.

Last Updated: January 2020

IV. CERTIFICATIONS/APPROVALS:

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Contracting Officer Certification: I certify that the facts and representation included in this justification are complete and accurate to the best of my knowledge and belief.