Frangible Spheres SS Follow-On JA -FINAL.pdf

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center - Aircraft Division (NAWC-AD) Patuxent River, MD.

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves on a sole source basis a five (5) year follow-on, Indefinite Delivery Indefinite Quantity (IDIQ) contract with ProtoCad

Corporation (ProtoCad) for the supply of frangible spheres to be used by the Advanced Dynamic

Range Measurement System (ADAMS) program at the Atlantic Range and Targets (ART) department to perform radar measurement services for aircraft that support the Joint Strike

Fighter (JSF) Program, as well as, multiple Navy, Air Force and Army programs during flight test missions. The frangible spheres hardware and associated services will allow for continued support to the NAWC-AD ADAMS program.

3. Description of Supplies/Services.

ProtoCad is the sole manufacturer and seller of the required frangible spheres that are currently used by the ADAMS program at NAWC-AD. The ADAMS program is within the Aircraft

Signature & Avionics Measurements (ASAM) branch of ART, which is the only aircraft test range in the Navy which covers areas over the Chesapeake Bay and Atlantic Ocean. ADAMS requires the frangible spheres to perform radar measurements before, during, and after each mission, improving test range safety standards while meeting critical technical requirements set by the Navy Range Safety Office. The frangible spheres are critical to flight test operations because data relies on the accuracy of radar measurements, which are calibrated by the frangible spheres when floating through the air while attached to balloons.

The resulting IDIQ contract will include up to one thousand, eight hundred (1,800) total frangible spheres, consisting of up to one thousand, five hundred (1,500) 12” spheres and up to three hundred (300) 9” spheres. The contract will have a five (5) year ordering period, anticipated to be from 15 November 2024 to 14 November 2029.

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

21983 BUNDY ROAD BLDG 441

PATUXENT RIVER, MARYLAND 20670-1127

J&A Number: 24-0153

Estimated Dollar Value

FY25 FY26 FY27 FY28 FY29 TOTAL

RDT&E $167,000 $184,000 $203,000 $223,000 $245,000 $1,022,000

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

10 U.S.C. 3204(a)(l), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The Navy Range Safety Office commissioned a study that was conducted 16 September 2009 by ACTA, Inc., who specializes in risk management for range safety, and indicated that the metal spheres that were being utilized for radar calibrations and measurements were a hazard to aircraft during flight missions. Between 2010 and 2013, approximately $250,000 was expended in ART’s ongoing research and development efforts to improve range safety by replacing metal spheres with spheres that will shatter if they collide with an aircraft. During this time, ProtoCad provided the first frangible spheres that met Government requirements through a Government credit card purchase. The frangible spheres provided by ProtoCad met the Government’s salient requirement to produce a polyurethane (plastic) frangible sphere that has proven to be a safe alternative to the original metal sphere design, thus meeting the

Navy Range Safety Office requirements. This was based on ProtoCad’s use of a highly specialized method, using a two-part liquid non-heated process to create spheres that will safely shatter, mitigating aircraft damage or chance of fatal accidents. This initial purchase of

ProtoCad frangible spheres was followed by the issuance of two orders using simplified acquisition procedures in 2014, N00421-14-P-0477 and N00421-14-P0819 respectively. This was followed by the two most recent IDIQ contracts, N00421-15-D-0002 and N00421-20-D-

0002, which were awarded to ProtoCad on a sole source basis.

Without the polyurethane spheres, flights could not be conducted without risk of aircraft damage or fatal accident, both of which are unacceptable and would result in unrecoverable costs. Flight programs such as the Joint Strike Fighter (JSF), MQ-1, MQ-4, MQ-25, Air

Force Banding, 5G interference, and GPS Jamming interference would incur cost of up to $1 million dollars per day if flight operations were delayed. In addition, changing to a different vendor would result in a substantial duplication of time and costs due to initiating work with another company to create the required spheres and ensuring their compliance with test range safety standards to avoid being hazardous to test pilots and Department of Defense (DoD) aircraft. Without the polyurethane spheres, flights could not be conducted without risk of aircraft damage or fatal accidents, all of which are unacceptable and would result in unrecoverable costs. Flight programs such as Joint Strike Fighter (JSF) would incur costs of at least $1 million dollars per day if flight operations were delayed. Even if another company could produce the frangible spheres meeting Government requirements, the new version of 9 inch and 12 inch frangible spheres would require impact testing (Horizontal Accelerator

Frangibility Test), weight/mass testing, sphere thickness, eccentricity before and after painting and Surface Resistance Test after painting of </= 0.100 Ω/sq. (ohm/square). This would take up to 60 days to test, analyze and document the findings. Then time is required to allow a new company to correct any deficiencies, and re-test, document and analyze, repeating as necessary until the new products meet Government requirements. The time to compete the requirement and conduct all of the previously described testing could take up to

18 months. Based on the market research described below, no other company can provide the required spheres. Upon award of the resulting contract, safety and specification requirements will be met and the ADAMS team will eliminate the risk of flight delay, cancellation, or data degradation.

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

Since 2018, the ADAMS Technical team has met with numerous companies that made plastic and/or frangible spheres. Industry feedback was that companies felt the required quantities weren’t enough for their company to invest into the process and/or companies that made solid spheres didn’t make spheres to the requirement owner’s size and salient requirements. To date, no other company has provided evidence of their ability to meet the requirement.

A sources sought was posted to SAM.gov on 28 February 2024 to determine if any small business set-aside opportunities existed or if other companies could provide the required frangible spheres. Responses were due on 14 March 2024, with one (1) response received from ProtoCad Corporation. In addition, a synopsis was posted on SAM.gov on 14 March

2024, announcing the Government’s intent to procure the required spheres on a sole source basis from ProtoCad Corporation, the sole manufacturer and distributor for the non-commercial frangible spheres. Responses were due on 29 March 2024 and no responses were received.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine that the negotiated price to the Government of the supplies/services covered by this J&A is fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

Currently, the barrier to future competition is the requirement for a highly specialized material that requires an unconventional manufacturing method. ProtoCad’s polyurethane two-part liquid used to make the spheres that use a non-heated method. The ADAMS program within ART will continue to search for safe and effective methods of radar measurement calibration. If new sources do emerge, ADAMS engineers will consider all sources and a competitive procurement will be conducted if another company provides evidence that it could meet the requirement.

As this is a follow-on requirement for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(S-70)(ii).

CERTIFICATIONS AND APPROVAL

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.

________________________________________________________________________(301) 342-9570

RONALD E. SWANN Phone No.

Electronic Technician, DAiTA Group, Atlantic Ranges & Targets

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

_______________________________________________________________________ (240) 526-8039

MORGAN E. GIERHART Phone No.

Attorney Advisor

CONTRACTING OFFICER CERTIFICATION

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

_________________________________________________________________ (410) 610-2262

JOHN R. TOMECHKO Phone Number

Procuring Contracting Officer

APPROVAL

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1), as only one responsible source and no other supplies or services will satisfy agency requirements.

DAWN B. ADAMO

Procuring Activity Competition Advocate (PACA)

NAWCAD Procurement Group Lead