III.K JandA_signed_flattened_Redacted.pdf

NCH 53.6-2 (MAR 2013)

V3.0_JANUARY2020

Control #:240073 PR No: 1301128370

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

UNDER FAR 13.5, SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Undersea Warfare Center Division, Code 02, Newport, RI.

2. Description of the Action Being Approved

The Naval Undersea Warfare Center Division Newport (NUWCDIVNPT) requires the Firm Fixed Price (FFP) procurement of Electric Armor (EA)Software

This procurement will be awarded on a sole source basis toNightwing Intelligence Solutions, LLC. ).

3. Description of Supplies/Services (including the estimated value)

Estimated Dollar Value Funds Type Estimate

FMS $1,242,045.00

Item Description Part # Qty. Estimated Unit Price

Estimated Total Price

EA Packaging Utility Perpetual License - Windows: Option 1 (Section 4.1)

N/A 1 $275,000.00 $275,000.00

EA Packaging Utility Perpetual License - Linux: Option 1 (Section 4.1)

N/A 1 $275,000.00 $275,000.00

NCH 53.6-2

Execution Enabler (EA) with Trusted Boot or Boot Shield (Section 4.4)

N/A 22 $3,937.50 $86,625.00

EA Engineering Service Support Package: Leve

N/A 1 $605,420.00 $605,420.00

Total $1,242,045.00

4. Statutory Authority Permitting Other Than Full and Open Competition

In accordance with 41 U.S.C. 1901, as implemented in Federal Acquisition regulation (FAR) 13.501(a)(1)(ii): Only one responsible source and no other type of supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

The effort to acquire program protection from Raytheon Cyber Solutions, Inc (RCSI) started in 2018 under contract N66604-11- D-0633 task order N66604-19-F-7094. This contract for EA, awarded on a Sole Source basis to RCSI, expired in September of 2020.

In March 2024, RCIS was divested from Raytheon, and ownership of the company was transferred to Nightwing Intelligence Solutions, LLC. Nighwing is currently operating under RSCI Cage Code 3XYV3 while a novation agreement is under approval.

The impact of using another source is as follows:

Nightwing retains data rights to the software it has developed thus far which is already in use. Therefor the Government can either contract with Nightwing, or pay non-recurring costs to develop a new software.

The Government has already spent time and funding for Nightwingto develop a software product that fits the program�s requirements. That spending includes a total of three (3) years of non-recurring engineering effort and 2 years of integration with Unit 2. This product set the baseline of what the Government needs incorporated into the software application today.

If the Government were to transition to a new software, the above described efforts would be negated, and the following duplicative costs and schedule impacts would be seen:

Event Cost Schedule Impact (no or severely degraded performance)

Non-recurring engineering to develop baseline program protection software to integrate with the application software

$1.5M 3 years

Testing to integrate the program protection software into the current computer systems

$500,000 18 months

Training for users on the new software

$150,000 3 month

Development, validation, and verification of the program protection with the software application before final delivery to customer

$300,000 6 months

Total $2M 3+ years, some efforts can be done in parallel

Based on the above, EA from Nightwingis the only source meeting the Government�s need. It is in the Government�s best interest to satisfy this requirement on a sole source basis to Nightwing.

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

A combined synopsis and solicitation notice was published publicly on the Government-wide Point of Entry (GPE), SAM.gov on 25 April 2024. The notice stated the intention of NUWCDIVNPT to award a contract on a sole source basis to RCSI, Inc. No additional sources came forward during the solicitation period.