JA_For Review_MK32_Final_fixed 3.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

J&A No. FY23-OCT17-15 Code: 023

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Surface Warfare Center Indian Head Division (NSWC IHD), Contracts Division 023.

2. Description of the Action Being Approved.

This action is for the award of a Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract for a 12 month base period and four 12 month option periods on a sole source basis to:

Golden Engineering, Inc.

6364 Means Road Centerville, IN 47330

3. Description of Supplies/Services.

This action is for the procurement of a maximum of 125 XR150, 125 XR200, 125 XRS-3, and 125 8 XRS-4 portable X-Ray machines per year. Additionally, this contract will include maintenance support of the procured items in addition to machines already fielded, procurement of consumable parts to replace failed kit accessories and to add any approved optional items to the kits, Catalog Ordering Logistics Tracking System (COLTS) data entry, implementation of Government approved Configuration Management changes, and Engineering Enhancements.

The XR150, XR200, XRS-3, and XRS-4 machines are portable pulsed x-ray machines. When energized they produce high voltage current into the cathode ray tube which produces x-rays.

There are no radioactive isotopes within this equipment.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

The anticipated contract will have a total period of performance of five years.

Estimated Dollar Value FY23 FY24 FY25 FY26 FY27 Total

OPN $24.1M

O&MN $518k Total $24.6M

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

10 U.S.C. 3204(a)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

This is a follow-on acquisition to N00174-18-D-0010 for the procurement and maintenance support of the XR150, XR200, XRS-3, and XRS-4 portable x-ray machines in support of Joint Service Explosive Ordnance Disposal (JSEOD).

The XR150, XR200, XRS-3, and XRS-4 portable x-ray generators are commercial portable x-ray machines approved for Explosive Ordnance Disposal (EOD) use and are used in the MK32 series of x-ray kits. They are also used in conjunction with the existing and currently fielded MK41 series radiographic imaging systems and will also be used with the Future Radiographic System (FRS) systems that were developed and delivered under contracts N00174-09-C-0025, N00174- 13-C-0015, and N00174-13-D-0011.

These x-ray machines have been configured and fielded for the last 20 years as part of the preceding systems, with all existing training and maintenance support developed around these systems. Use of any other portable x-ray machine with these systems would potentially require development, testing, and approval estimated at $3.8 million in duplication of cost and would result in unacceptable delays in fulfilling requirements for new machines and maintenance.

These x-ray machines are also the only commercial portable x-ray machines that have been approved by Naval Sea System Command’s (NAVSEA) Radiological Affairs Support Office (RASO) to be used by EOD technicians without the need for every user to be a part of a radiation safety program. This approval was previously provided within the Radiological Affairs Support Program Manual, publication VSEA S0420-AA-RAD-010 (Revision 2 – 20 January 2015).

The MK32 and MK41 series systems are currently being used in theater and around the world.

Maintenance is needed to ensure the JSEOD personnel and the communities they serve are not at increased risks to exposure from undetected weapons of mass destruction, including Radiation Dispersal Devices (RDD) and nuclear weapons.

Golden Engineering, Inc. owns the data rights to all four (4) x-ray systems. The Government currently has insufficient technical data rights to support a competitive procurement at this time.

As the sole designer and developer, Golden Engineering, Inc. has the unique knowledge, special skills, and data required to manufacture and repair the currently fielded x-ray generators. For these reasons, Golden Engineering, Inc. is currently the only source capable of providing the systems and support required under this effort and to fulfill the Government’s continual need for support services.

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

In accordance with Defense Federal Acquisition Regulation Supplement 206.302-1(d), a sources sought notice was released on SAM.gov on 15 June 2022 and closed 30 June 2022 with no capability statements received.

As required by FAR 5.203, the proposed action was synopsized on SAM.gov website on 01 July 2022. No companies expressed interest in the requirement.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable prior to contract award. This analysis will be conducted using price analysis techniques as provided by FAR part 15.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 4 and 5, NSWC IHD 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, NSWC IHD will assess whether competition for future requirements is feasible.

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 and Requirements Cognizance:

Signature Scott Hepp Phone No Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Toya Davis Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

Signature Kristy Hoffman Phone No. Date

APPROVAL BLOCK

Upon the basis of the above justification, I hereby approve, as WFC Senior Executive Service (SES) Technical Director (TD), the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1).

Ashley Johnson Date WFC Senior Executive Service (SES) Technical Director (TD)