FY22-29455_Sole Source_JA_3.24.2022_BN Redacted-1.pdf

NSWC-PHD-JA-22-047

Code: 0243

22 March 2022

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, Port Hueneme

Division (NSWC PHD).

2. Description of the Action Being Approved

NSWC PHD intends to award a new sole source single contract on a Firm-Fixed-

Price basis for other than full and open competition to MILDEF Inc., 2331

Mill Road, Suite 100, Alexandria, VA 22314 in support of Air Dominance

Department (Code PD31) for the purchase of Fault Isolation Panels (FIP).

This hardware will be used in conjunction with the Launch Sequencer (LSEQ) of the MK 41 Vertical Launching System (VLS).

3. Description of Supplies/Services

NSWC PHD and Air Dominance Department (Code A107) have a requirement for 100

FIPs with part number DB7M10-NSWC, provided by MILDEF Inc. for use in the MK

41 VLS. The MK 41 VLS is a surface ship combatant missile launcher that stores and launches a variety of missile types. The FIP will be plugged into

MK 41 VLS’s LSEQ to perform Built-in-Test (BITE) test and display results upon completion. The BITE test provides the users with the readiness conditions of the launchers.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

The total estimated value of the requirement is $417,800.00 and is composed of the following funding sources reflected in Table 1 below:

Table 1: Estimated Dollar Value

Fund Type QTY Year: FY22 Total Price

SCN 100 $417,800.00 $417,800.00

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. Section 2304(c)(1), as implemented by the Federal Acquisition

Regulation (FAR) 6.302-1(a)(2), only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use Of Cited Statutory Authority

MILDEF Inc. has been identified as the approved source of the required FIP in

Technical Data Package (TDP). MK 41 VLS has been using the FIP to connect to

NSWC-PHD-JA-22-XX

the Launch Sequencer (LSEQ) to run Built-In-Test (BITE). The FIP will be able to display the software version of the system, Motor Control Panel (MCP) and LSEQ fault codes. A specialized software was written to have the FIP works within MK 41 system. FIP part number DB7M10-NSWC design is proprietary to MILDEF and MILDEF owns the data rights. MILDEF does not sell their products through third party distributors. Purchasing products directly from the OEM will mitigate the risks of counterfeit or refurbished materials. An attempt to identify and qualify alternate sources that can design a product that will meet the requirements will cause a substantial duplication of cost to the Government that is not expected to be recovered through competition.

Specifically, the Navy would incur a non-recurring cost of $2,000,000.00 in order to identify and qualify alternate sources with the capability to produce the required equipment which would not be able to be recovered through competition. The $2,000,000.00 estimate derives from Baseline VII

Tech Refresh efforts from 2011-2016 which included taking steps to ensure that any new sources are capable of producing a product that meets the established performance requirements, which include the Government incurring costs to conduct First Article Tests, Confidence and Functional testing for form, fit and function. Software program will have to be modified. Shock and Vibration testing will also need to be performed. There is additional cost and delay related with this testing. If the alternate part is determined to be qualified, then all applicable documentations will need to be updated through Engineering Change Process (ECP) to introduce the new alternate part.

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

Practicable

Sources Sought were posted on Beta.Sam for the FIP during two recent previous

FY’s. No companies responded saying they were interested in this requirement.

7. Determination Of Fair And Reasonable Price

The Contracting Officer has determined that the anticipated cost to the

Government for the supplies covered by this J&A is fair and reasonable.

8. Actions To Remove Barriers To Future Competition

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

NSWC-PHD-JA-22-XX

CERTIFICATIONS AND APPROVAL

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

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Bonnie Nguyen, Code PD31, Phone No. (805)228-0447 Date

REQUIREMENTS COGNIZANCE:

Richard Langley, Code PD31, Phone No.(805) 228-6183 Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Julianne Surane

Assistant Counsel, Code 00L, Phone No.(805) 228-8520 Date

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

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

Arthur P. Wynn

Contracting Officer, Phone No.(805) 228-6111 Date

Digitally signed by

SURANE.JULIANNE.MARIE.1 Digitally signed by

SURANE.JULIANNE.MARIE.1522887796