JandA- LHS redacted.pdf

IN REPLY REFER TO:

Code 451 5 Feb 2021 J&A Number: 451- xx

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(SOLE SOURCE)

1. Contracting Activity

Naval Sea Systems Command (NAVSEA), Norfolk Naval Shipyard (NNSY) Submarine and Availability Support Services Contracts Division – Code 450, Portsmouth, VA.

2. Description of the Action Being Approved

This justification requests approval permitting other than full and open in accordance with FAR 6.303-3 to TDS Automation, Inc. for the procurement of one (1) Light Weight Wide Aperture Array Handling System (LHS). Furthermore, special tooling/fixture, vehicle stands, vehicle jacks, and spare parts will be procured under this requirement.

3. Description of Supplies/Services

The required supplies covered under this Justification and Approval (J&A) are for the procurement of an LHS, special tooling, vehicle stands, vehicle jacks, and spare parts used for the preventative maintenance of the LHS. The LHS system, special tooling, vehicle stands, vehicle jacks and spare parts will be manufactured in the United States by TDS Automation, Inc. and will be shipped to the NNSY.

The LHS and associated equipment and spare parts are critical in supporting the Government’s Virginia Class Submarine maintenance availabilities. The LHS will be used to support the disassembly and reassembly of Virginia Class Light Weight Wide Aperture Array (LWWAA) panels. The LHS is the NAVSEA method for handling the Virginia Class LWWAA panels per Engineering Report ERH684-6001A4.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1), IAW FAR 6.302-1(a)(2). Only One Responsible Source and No Other

Supplies or Services will Satisfy Agency Requirement.

5. Rationale Justifying Use of Cited Statutory Authority

TDS Automation, Inc. TDS Automation, Inc. provides the only equipment that is compatible with the existing LHS’s, and meets Virginia Class LWWAA handling requirements. No other suppliers can satisfy the agency requirement because other LWWAA handling System (LHS) providers will not be able to provide LHS’s compatible with the current system and fixtures, and would create an unacceptable ship schedule delay due to needing NAVSEA approval and first article testing. As

DEPARTMENT OF THE NAVY

N O R FO L K N AV A L S H IP Y A R D

P OR T S M O U TH , V I R G IN I A 2 3 7 09 - 5 00 0

the Original Equipment Manufacturer (OEM), TDS Automation, Inc. maintains proprietary rights to the requisite drawings and code and is the only entity that possesses the specialized technical expertise necessary to accomplish the needed requirement. TDS Automation, Inc. has exclusive rights to the patent underlying the Wheelift Technology and Transporters Patent # 7950478B2.

Currently, Portsmouth Naval Shipyard (PNSY) use one to two LHS’s for handling the LWWAA panels. NNSY currently has no LHS and no other means to remove and reinstall the LWWAA.

To complete the required work evolution, NNSY requires a minimum of one LHS that have been manufactured by TDS Automation, Inc. The NNSY LHS must work in conjunction with the existing PNSY and vehicles. Purchasing a heavy lift transport vehicles and fixture from another manufacturer that does not use the same proprietary software and allow compatibility between other shipyards is not in the best interest of the Government. Equipment from another manufacturer that has not been previously tested by PMS 450 for the sole purpose of handling the LWWAA panels could potentially damage the critical sonar arrays and delay the undocking of the submarine for months.

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

Under a requirement by PHNS & IMF, two separate notices were posted on the Government Point of Entry (GPE) known as Federal Business Opportunities (FEDBIZOPPS). Both notices that were posted stated that the Navy intended to sole source the requirements to TDS Automation, Inc. The first notice under Solicitation # N32253-18-R-0039 was posted on 25 May 2018 with a closing date of ____.

Another notice was posted as a Sources Sought notice under the same aforementioned Solicitation.

This particular notice requested capability statements from interested vendors and was posted on 22 June 2018 and closed on 22 July 2018. However, neither of the two notices resulted in a company expressing interest in regards to the subject requirement.

Due to the fact that no companies expressed interest in the FY18 PHNS & IMF requirement, and since this requirement will be sole sourced to TDS Automation, Inc. due to the reasons stated within this document, no notice will be posted to a GPE requesting information or capability statement from other vendors as this requirement will be procured in accordance with FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated costs to the Government for the supplies/services covered by the J&A will be fair and reasonable. The same supplies/services have been procured by other domestic naval shipyards at a similar anticipated cost that was determined fair and reasonable. This information should be sufficient to support the fair and reasonable cost determination of this procurement.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NAVSEA NNSY Submarine and Availability Support Services Contracts Division – Code 450 has no plans at this time to compete future requirements for the types of supplies / services covered by this document. If another potential source emerges, NNSY will assess whether competition for future requirements will be 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.

Requirements Cognizance:

Signature/Name: Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the J&A/LSJ value is between $150K and $700K, the Contracting Officer’s signature below also represents approval of the J&A/LSJ.

Signature/Name: Kristen Duhaime, C451 Branch Head Phone No. (757) 396-1459 Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature/Name: William Ryan James, Associate Counsel Phone No. (757) 396-8627 Date

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the J&A/LSJ value is between $700K and $12.5M, the Competition Advocate’s signature below also represents approval of the J&A/LSJ.

Signature/Name: Bradford Crosby Phone No. (757) 396-8670 Date C400 Chief of Contracting Office