JA-26-0017_N3943024C2007_Sept2026_released.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING AND EXPEDITIONARY WARFARE CENTER

1000 23RD AVENUE

PORT HUENEME CA 93043-4301

IN REPLY REFER TO:

JA-26-0017

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The requiring activity is Naval Facilities Engineering Systems Command Engineering and Expeditionary Warfare Center (NAVFAC EXWC), Environmental Compliance, Port Hueneme, CA. The contracting activity is NAVFAC EXWC Contracting, Port Hueneme, CA.

2. Description of the Action Being Approved.

This Justification and Approval authorizes the issuance of a sole source contract modification to existing firm fixed-price contract N39430-24-C-2007, Masking Parameters for Pinnipeds to University of California Santa Cruz (UCSC). The current value of the existing contract is $640,802.00, with a period of performance scheduled to end on 15 APR 2027. The requested contract modification will be for additional effort at value not to exceed $1,000,000 and extend the period of performance until 31 DEC 2028. Award will be made on or before 30 SEP 2026.

This procurement hinges on continued access to the contractor’s unique Research and Development (R&D) facilities with the sound dampening pools, captive species of interest, and the technical expertise of the University’s faculty, all representing a single source for engaging with the correct marine life. It is in the best interest of the Navy to modify an existing contract for similar R&D work, as well as incorporate the new scope, rather than duplicate similar efforts and costs in a new contract award.

3. Description of Supplies/Services.

This Living Marine Resources (LMR) program requirement is for research related to pinniped (seals, sea lions, and walruses) hearing. Tasks will include:

Participation in a UCSC/Navy criteria and thresholds working group to ensure that research is aligned with Navy needs and schedule, Animal training and data collection pertaining to both high- and low-frequency hearing and masking, hearing near the frequency limits, and comparative data collected in the range of best sensitivity, Evaluation of possible non-linearities at the edges of the functional hearing range by analyzing the frequency discrimination abilities from all the collected data.

This work would begin in September 2026 and continue through Dec 2028. The research proposal provided by UCSC included: (1) labor rates, (2) labor hours required to complete the tasks on the requested accelerated schedule, (3) new required equipment, and (4) limited cost of living increases for student labor in accordance with the University’s policies. The cost of the additional services requested for this modification has been evaluated as a price and determined to be fair and reasonable based on the results of the LMR Program’s technical evaluation which recommended the proposal to the Contracting Officer as valuable research that aligned to the program’s objectives, as well as a price evaluation, which found the price to be within a tolerable range in comparison to an independent Government estimate per FAR 15.404-1(b)(2)(v) evaluation methodology.

The primary source of funds is RDT&E, and the contract will be incrementally funded each fiscal year, up to the $1M estimated value.

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

The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(1), which permits other than full and open competition when only one responsible source and no other suppliers or services will satisfy agency requirements. Reference Revolutionary FAR Overhaul (RFO) 6.103-1(b) for regulatory prescriptions.

5. Rationale Justifying Use of Cited Statutory Authority.

The Naval Facilities Engineering Systems Command Engineering and Expeditionary Warfare Center

(NAVFAC EXWC) Living Marine Resources (LMR) program requires highly specialized research on pinniped hearing, specifically the effects of masking on seals, sea lions, and walruses. This research demands the use of live, trained captive animals housed in specialized sound-dampening pools, combined with the unique technical expertise of University of California Santa Cruz (UCSC) faculty and staff.

UCSC’s Pinniped Cognition and Sensory Systems Laboratory is the only facility in the United States that currently maintains the necessary combination of:

Captive pinnipeds of the specific species required, Dedicated sound-attenuating pool facilities suitable for precise psychoacoustic hearing measurements, Institutional knowledge, trained animal subjects, and long-term historical data sets developed under the existing contract.

Because the animals under the current contract (N39430-24-C-2007) have already been trained on the specific behavioral protocols required for this line of research, switching to a new source would result in the loss of critical baseline data, require extensive retraining of new animals, and introduce unacceptable delays and duplication of effort. Market research has confirmed no other responsible source possesses this unique combination of facilities, animals, and specialized expertise.

The proposed modification represents a logical continuation and expansion of the research initiated under the competitively awarded Broad Agency Announcement contract. The additional work builds directly upon the methodologies, animal subjects, and data collected to date, ensuring scientific continuity and avoiding substantial duplication of cost and time (estimated at $125,000 and 90–120 calendar days for a new competitive procurement).

For these reasons, only UCSC can satisfy the Government’s requirements within the required timeframe and without unacceptable technical and programmatic risk. Therefore, the use of other than full and open competition is justified under 10 U.S.C. 3204(a)(1).

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

The Government conducted thorough market research to determine if other qualified sources could meet existing LMR R&D facilities, captive species, and UCSC technical expertise with the affected marine life under this mission-critical continued services requirement, without causing substantial, unrecoverable cost duplication and prolonged schedule delays. While multiple environmental laboratory firms exist, none possess the site-specific, historical modeling and data baselines, required to execute this highly specialist project. Based on the unique, specialized subject matter expertise and facilities of UCSC, the Government will not request proposals from other vendors.

Furthermore, the basic contract was competed under a Broad Agency Announcement and the Contracting Office will publish a copy of the sole-source justification to the Government-wide Point of Entry via SAM.gov and ensure public access in accordance with FAR 5.201 requirements.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine the cost to the Government of the services covered by this Justification will be fair and reasonable by conducting price analysis in accordance with FAR Part 15.

8. Actions to Remove Barriers to Future Competition.

In the future, if the leveraging of expertise and continued provision through UCSC is no longer advantageous to the government, then full and open competition will be considered to acquire long term services. As part of ongoing strategic marketplace research, the LMR program will monitor for qualified vendors and facilities and continue to make Broad Agency Announcements of research opportunities available on a full-and-open basis upon the GPE.

JA-26-0017