JA 19 0555 Zel Tech Redacted Final.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

IN REPLY REFER TO

J&A_19_0555

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Lakehurst, NJ

2. Description of the Action Being Approved.

This Justification and Approval authorizes and approves an Urgent need of a Cost-Plus Fixed Fee sole source contract to provide for the development and integration of Non-Acoustic Anti- Submarine Warfare (NAASW) sensor systems. The contract will be awarded to Zel Technologies, LLC (Zel Technologies), 54 Old Hampton LN, Hampton, VA 23669-4197. This effort will sustain the performance of specific Engineering Investigations (EI) consisting of Multi-Spectral Electromagnetic (EM) and Electro-Optical (EO) propagation through atmospheric, marine, and land environments. Zel Technologies will also provide technical support for the Combined Model Workstation (CMW) model. Zel Technologies shall provide expert knowledge and expertise in Computational Fluid Dynamics. The work is sponsored by NAWCAD Patuxent River, MD Advanced Sensors Application Program (ASAP) with a majority of the work taking place at Naval Air Station Patuxent River Government facilities and laboratories as well as at Zel Technologies office/lab locations.

3. Description of Supplies/Services.

ASAP is tasked with the research and development on specific EIs. Investigations consist of EM and EO propagation through atmospheric, marine, and land environments. This effort is a follow-on to contract W911NF-16-F-0034, an effort with Zel Technologies that will provide continuation of the CMW, simulations in hydrodynamics, wave propagation, and scattering research and development. Tasks include theoretical and experimental studies of processes in upper-ocean and in coastal zones, interactions between internal and surface waves, turbulence, and physical effects of ocean sensing.

Research entails processes in lasers and propagation of strong optical impulses. Additional research includes the following: theory of wave diffraction and scattering by statistically rough surfaces; development of statistical radio physics theory and its application to radio wave propagation in real media; analytical and simulation methods development for solving of wave diffraction and propagation problems; microwave propagation over terrain and sea; in near-surface refractive ducts and other natural wave guides; over the horizon radio wave propagation;

signatures of radio signal scattered by a disturbed sea surface; atmosphere and sea surface remote sensing methods development; and acoustic gravity waves in the atmosphere and in the ocean.

These efforts will provide the ability to integrate emphasis on continued efforts of scientific research in sensing technologies, focusing on development of most physical manifestations of atmospheric, marine, and land environments related to fluid mechanics, wave scattering over the rough surface patches, wave propagation in random media, imaging through the turbulent atmosphere and adaptive optics.

Estimated Dollar Value

FY20 Total

RDT&E $1,000,000 $1,000,000

Total $1,000,000 $1,000,000

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

10 U.S.C. 2304(c)(2), Unusual and compelling urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

Army contracting agencies made a business determination early in 2019 that they would no longer support other agency work through the One Acquisition Solution for Integrated Services General Services Administration contracting process. Prior to this point, there was sufficient timeline available to renew the contract option that will now expire on 30 September 2019. The potential for Navy continuation with the Zel Technologies option was discussed and appealed with Army contract representatives in an attempt to renew task order work with Zel Technologies one (1) last year for the Navy. Eventually, the determination was unfavorable for continuation via the Army vehicle. ASAP program representatives immediately determined the need to pursue a new contract vehicle but were required to first process the contract requirements through the Naval Security Contracts process via the Special Security Office. This package was promptly prepared and submitted in April 2019 and a determination was made on 16 July 2019 that ASAP was authorized to contract locally. This contract will provide continuity of operations for the ASAP program until a new competitive Navy vehicle can be put in place.

This effort is related to a critical multi-year congressional investigation. Many organizations are coordinating on multiple international efforts across multiyear schedules. The negative impact from not addressing this contract will not only affect our efforts but other time critical research efforts. The effort is managed and executed by NAWCAD on behalf of Undersecretary of Defense for Intelligence and involves cooperation with multinational efforts and organizations for execution of its objectives. The ability to assign scientists with this level of access and clearance to key investigations is critical. The failure of this effort could result in negative international consequences.

This procurement was assigned a Priority 2 Urgency Designation by the Deputy Program Manager ASAP. The urgent requirement is for procurement of the items identified in Section 2.

Zel Technologies has many years of scientific investigation and unique scientific and technological experience in the fields, especially in Multi-Spectral EM and EO phenomenology.

Zel Technologies developed scientific tools such as models, algorithms, and simulations that are essential to investigate the underpinning physics related to atmospheric or ocean surface modification. The timeline of a full competitive award would cause unacceptable delays in fulfilling urgent Navy requirements and this one (1) year contract effort is required to provide continuity of operations to allow for recovery to the sudden change in contracting environment.

The Government and Zel Technologies spent many years in research and development and an award of a contract to any other source under our current circumstances would not be feasible or effective.

6. Description of Efforts Made to Solicit Offers .

A synopsis was not posted on the Federal Business Opportunities (FBO) website in accordance with FAR 6.302-2(a)(2) Unusual and Compelling Urgency 10 U.S.C. 2304(c)(2). In accordance with FAR 6.302-2, this J&A will be posted to FBO within thirty (30) days after contract award.

Market research was conducted utilizing various methods. The Government utilized online search engines such as Google to find alternate companies. Additionally, the Government also reviewed capabilities of other contractors that they have previously utilized.

While there is one (1) other vendor that may possess the skill set required to support the program, due to the immediate and urgent need, there is not enough time to properly vet the vendor and for them to locate the necessary subject matter experts that can pass background investigations and receive the appropriate security classifications. It takes the Government approximately twelve (12) months to process and approve clearances at the Top Secret / Sensitive Compartment Information clearance level. A delay in the research, development and analysis capability will cause loss of research, analysis and data processing capability of critical NAASW data.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all services ordered under this requirement are procured at a fair and reasonable price. The Contractor will submit a formal price proposal and sufficient information to support the accuracy and reliability of the estimate for each order. Experienced technical personnel and contract specialists with the aid of necessary field pricing support will review Zel Technologies’ proposal. The Contracting Officer will utilize price analysis as the basis for negotiating a fair and reasonable price. The Contracting Officer will utilize price analysis in accordance with FAR 15.404-1.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, execution of this urgent requirement will fulfill the immediate need of the program. If another potential source emerges, NAWCAD will reassess whether competition for future requirements is feasible.