FY21-FEB11-31_REDACTED.pdf

J&A Number: FY21-FEB11-31

“SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104”

4. Statutory Authority Permitting Other Than Full and Open Competition

This acquisition is being conducted under the authority of 10 U.S.C.

2304(c)(1) as implemented by FAR 6.302-1. Only One Responsible Source.

5. Rationale Justifying Use of Cited Statutory Authority

This is a follow-on acquisition from previously awarded sole source contract N00178-17-C-0015. MESH, Inc. is the original equipment manufacturer (OEM) and the owner of the MCAD system technology. This proprietary product is a unique design that requires comprehensive knowledge of the technology. A copyright and proprietary data limits competition. Market research has shown that MESH, Inc. remains the only source with the unique expertise available to perform maintenance on their proprietary MCAD equipment. Market research has also shown that this specific service is not available under the General Services Administration, Federal Supply Schedules, or the National Aeronautics and Space Administration Solutions for Enterprise-Wide Procurement contract vehicles. Additional research on the OEM website and through email contact with the OEM representative has shown that there are no distributors available worldwide with only MESH, Inc. providing service and sales within the United States.

The representative has verified that this product is not available from distribution/resellers. It is sold direct from the company.

Open competition or redesign will present tremendous risk to the capability of the MCAD sensor array, with a likely potential to degrade operational availability for extended periods of time. If one MCAD system is rendered unrepairable, the replacement cost of one system will be approximately with replacement of the full array and spare parts costing upwards of $2,400,000. Inability to procure maintenance service from MESH, Inc. could produce an unacceptable vulnerability in the CBR Sensor System, which is a critical life safety system. Additionally, redesign or a contract re-compete of this system will cause a delay of approximately 6-12 months, based on the original system integration timeline. The impact would result in the CBR Sensor System being placed in a non- operational status which would result in additional vulnerabilities.

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

To further broaden market research and to satisfy the requirements of DFARS PGI 206.302-1(d), a Sources Sought notice was posted on beta.SAM.gov on 6 January 2021. The posting yielded no results.

As required by FAR 5.203, a pre-solicitation notice was publicized on the beta.SAM.gov website on 22 January 2021. No responses were received.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the services covered by the J&A will be fair and reasonable. Significant (or similar) quantities of this requirement have been purchased from this offeror in the past and cost/pricing information was received on those past procurements.

This information should be sufficient to support the fair and reasonable cost determination of this procurement.

8. Actions to Remove Barriers to Competition

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

APPROVAL BLOCK (FAR 6.304 for Approving Official)

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

(Competition Advocate for the Procurement Activity)

Signature Name (Print) Date