JA 22164_EOD MERC FY25_FINAL_Signed_12.5.24_Redacted.pdf

CUI J&A Number: 22,164

DEPARTMENT OF THE NAVY

PROGRAM EXECUTIVE OFFICE SHIPS

1333 ISAAC HULL AVENUE SE

WASHINGTON NAVY YARD DC 20376-2101

IN REPLY REFER TO

J&A Number: 22,164 Code: 02224

P.R. Number: N00024-24-NR-55152

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command (NAVSEA) Shipbuilding Contracts Division, SEA 022

2. Description of the Action Being Approved

The proposed action is for a Brand Name Justification with competition among various sources to procure certain components and/or systems on the Explosive Ordinance Disposal (EOD) Multi-use Expeditionary Response Craft (MERC) boat. This solicitation will be competed among all eligible small business contractors and result in a single award contract;

however, the requirement specifically references items listed in paragraph 3 using brand name descriptions, which necessitates this J&A in accordance with DFARS 206.302-1 and FAR 6.302-1 (c)(1).

3. Description of Supplies/Services

NAVSEA has a requirement to procure brand name equipment to support the acquisition of an estimated twenty-five (25) EOD MERC boats, including all options, with an estimated total contract value of . The EOD MERC specification includes items that are both brand-name descriptions and brand-name or equal descriptions.

The following brand-name items are of a critical nature and do not have an equivalent product:

VHF Marine Band Radio, Antennas (Standard Horizon, Shakespeare)

1 Market Research

443 Hailer / Siren (Whelen) 1 Market

Research

581 Anchor (Fortress) 1 Market Research

Total Brand Name

The Government’s minimum needs have been verified by the certifying technical and requirements personnel. Estimated dollar value per fiscal year for these brand name items is as follows:

Estimated Dollar Value by Fiscal Year

FY 2025

OPN $

Total $

4. Statutory Authority Permitting Other Than Full and Open

Competition

In accordance with 10 USC § 3204(a)(1), formerly 10 USC § 2304(c)(1), and section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the supplies required by NAVSEA are available from only one responsible source (brand name and brand name or equivalent) and no other type of supplies will satisfy the requirements.

It is presumed that the brand name “or equal” items called out in the Specification do not have equivalents, but alternate items may be proposed.

5. Rationale Justifying Use of Cited Statutory Authority

The use of the brand name equipment is essential to achieve the standardization and commonality required by the Navy. The rationale for this requirement is to standardize the equipment (brand name) on the EOD MERC boats to what is currently on the in-service fleet deployed world-wide. These items are required to maintain system performance, leverage existing logistics support, cyber security validation, Government testing, and spectrum supportability. Changes to these items could also

Also, an existing technical manual would be updated with any Boat Alterations, Technical Manual Deficiency Evaluation Reports (TMDERs) impacting the manual.

**Navigation Equipment & Communication Equipment do not typically receive Preventative Maintenance. General care for these items is included in the technical manual pre-operation procedures.

Logistics support products which may be impacted by changes to the configuration include: maintenance planning and analysis; training and training support, including training equipment, curricula, and instruction materials; supply support; support equipment such as special tools and test equipment; technical documentation, such as Operations and Maintenance Manuals, Planned Maintenance System, Allowance Parts List, Product Technical Description, Technical Repair Standards, and software documentation; computer resource support; facilities for maintenance and training; unique packaging, handling, storage, and transportation requirements; and human engineering considerations.

In-Service Engineering Support which may be impacted by changes to the configuration nullify any existing operational data and lessons learned while increasing the risk of not meeting requirements and/or new issues occurring. The major attributes of form, fit, function, interface, reliability, and/or material to achieve a specific performance of the system within which it is used, and the boat as a whole are well understood. Input and output power, capacity, and other operating requirements for the integration of these items into both existing and future boats have been selected based on requirements of the boat’s mission.

b. End User Supportability and Maintainability Navy Expeditionary Combat Command (NECC). The cost impact to change the configuration of the systems specified above can vary with each location or region; however, the cumulative effect of cost impacts of all locations would significantly impact NECC’s ability to fund and support operation and maintenance of these boats. Cost impacts to the entire NECC enterprise include development of operator training and training materials, Standard Operating Procedures, etc. Cost impacts to each location impacted by a configuration change include tuition and travel for maintainer training and certifications, additional tooling/workshops, diagnostic software and licensing, spare systems and spare parts for availability requirements, and development of local supply/support/maintenance agreements and/or contracts.

Item Per Region Total (7 regions)

Operator Training / Training Materials

Maintainer Training and Certification

Additional tooling/workshops/diagnostic software/licensing

Spare Engines and Parts

Development of Local Supply/Support/Maintenance

Agreements and/or Contracts

TOTAL

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

Offerors as Practicable

The Requests for Information for the proposed contract was issued on the Government-wide Point of Entry (GPE), SAM.gov website on 01 May 2023. Responses were received from vendors that are interested in and capable of performing the requirements. An update to the RFI which included the brand name items was released on SAM.gov on 08 August 2024 notifying builders of the related equipment that will be specified on the EOD MERCs. Responses were received from six (6) vendors that are interested in and capable of performing the requirements.

In accordance with FAR 5.102(a)(6), the Contracting Officer will include this J&A with the solicitation when publicized on the PIEE website.

7. Determination of Fair and Reasonable Costs

This requirement is for commercial items. As such, the Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by the brand name J&A will be fair and reasonable. Price Analysis will be utilized to determine the fair and reasonable price prior to award. Furthermore, this contract award will be based on competition and these systems have multiple distributers which enables competitive pricing. Therefore, the prices of the brand name equipment contributing to the total price are expected to be determined fair and reasonable based on adequate price competition.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NAVSEA intends to specify the brand name and brand name or equal equipment for EOD MERC boats under this contract vehicle. The contract will be awarded as a result of a competitive small business set aside. The Government will continue to monitor sources for the brand name and brand name or equal items, and if another potential source emerges, will assess whether the requirements can be competed.