II.D.iv. J&A 34-1320_Redacted.pdf

J&A Number: 25118.0

PID Number: 34-1320

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

UNDER FAR SUBPART 13.5, SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. Contracting Activity.

Naval Undersea Warfare Center Division Newport, Code 02.

2. Description of the Action Being Approved.

Award of a contract on a brand name, no substitution basis for Shipping Case for SUBHDR

Mast Assembly in support of SUBHDR from certified distributors of Hardigg products.

3. Description of Supplies/Services.

NAVWAR, PEO C4I PMW770 designates code 34 of the Naval Undersea Warfare Center Division Newport

(NUWCDIVNPT) as the Technical Direction Agent (TDA) for the Submarine High Data Rate (SubHDR) System as well as the functioning National Maintenance Center (NMC) for the SubHDR Mast Group. In fulfilling these roles, NUWCDIVNPT has a requirement for the brand name, no substitution requirement for parts that are supplied by Raytheon drawing H279020-3. Hardigg (recently purchased by Pelican) is the only certified vendor and Hardigg has multiple authorized distributors.

The anticipated cost of the base year is $314,700.00 with following yearly options to include step ladder pricing from a minimum of one (1) to a maximum of twelve (12). All orders are expected to be funded with FMS.

DEPARTMENT OF THE NAVY

NAVAL UNDERSEA WARFARE CENTER DIVISION

1176 HOWELL STREET

NEWPORT RI 02841-1708

IN REPLY REFER TO

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

1 0 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Under the Department of Transportation Special Permit DOT-SP 15837, strict safety protocols govern the transport of SubHDR masts due to their hazardous material content—specifically, anhydrous ammonia. This chemical, while essential to the SubHDR mast’s function, poses significant risks if mishandled, necessitating specialized containment during transit. To mitigate these risks, the certification mandates that SubHDR masts be shipped exclusively in containers that meet precise engineering specifications: either a wooden box conforming to Raytheon Drawing 995653 or a reusable polyethylene container designed per Raytheon Drawing H279020.

The latter drawing, H279020, identifies Hardigg as the only certified and approved vendor capable of producing the plastic container to the required standards. This designation is not arbitrary—it reflects rigorous testing, compliance with military-grade durability, and alignment with the safety criteria outlined in DOT-SP 15837 and H279020.

Hardigg clarified that they only sell through their authorized distributors. This restriction ensures quality control and regulatory compliance, especially critical when dealing with HAZMAT-sensitive components. NUWCDIVNPT Code 34 broadened sourcing options by soliciting quotes from other distributors of Hardigg products for this custom military application.

To open the door further for competitive bidding, NUWCDIVNPT Code 34 would need to engage

Raytheon in a formal process to evaluate and certify alternative vendors. This would involve technical assessments, safety validations, and potentially updates to the drawing itself—an endeavor that demands time, resources, and funding. Given the relatively low dollar value of the acquisition and the urgency of maintaining operational continuity for SubHDR systems, such an effort is not feasible at this stage.

Consequently, Hardigg remains the sole authorized supplier of the required transport container. This exclusivity, while limiting in terms of procurement flexibility, guarantees that the SubHDR masts are shipped in full compliance with federal safety standards, preserving both mission readiness and regulatory integrity.

Based on the above, it is recommended to award this requirement to Hardigg, or an approved distributor, on a brand name specification basis to prevent unacceptable delays and substantial duplication of costs in providing Mast Shipping Boxes.

This purchase satisfies the known requirement for at least the next five years.

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

The Naval Undersea Warfare Center Division Newport (NUWCDIVNPT) has historically posted the intent to award a Firm Fixed Price purchase order on a brand name basis to Hardigg or an approved distributor on SAM.GOV. NUWCDIVNPT will do so again, and invite all responsible sources to submit a quotes for the consideration. To the knowledge of the technical code and

Contracting Office, no other Distributor/Vendor is authorized to provide the requirement.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable. Once this determination is made, paragraph 7 needs only contain the above statement. No additional information is required.

Significant quantities of this requirement have been purchased from this offeror in the past and cost/pricing information was received on those past procurements and will be sought again. This information should be sufficient to support the fair and reasonable cost determination of this requirement.

8. Actions to Remove Barriers to Future Competition.

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

J&A Number: 25118.0

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.

Technical/Requirements Cognizance:

Note that this page includes certification that the acquisition planning documents are complete and accurate.

If a single individual has cognizance over both technical and requirements information included in the J&A, use of only one signature line is encouraged and "Technical Cognizance:" and Requirements Cognizance:"

above the signature lines may also be deleted.

CONTRACTING OFFICER CERTIFICATION

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

CHIEF OF THE CONTRACTING OFFICE/DEPUTY CHIEF OF THE CONTRACTING OFFICE

APPROVAL Insert title of Approving Official (see Threshold Quick Reference Guide).. If Senior

Procurement Executive of the Navy is the Approving Official, insert, “SENIOR

PROCUREMENT EXECUTIVE”

Upon the basis of the above justification, I hereby approve, as Level Above Contracting Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 41 U.S.C. 1901.

Upon the basis of the above justification, I hereby approve, as Advocate of Competition for the Field

Procurement Office, the solicitation the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 41 U.S.C. 1901.