Meggitt Sole Source JnA.pdf

J&A Number: NSWC-PHD-JA-20-076 Code: L50

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command Naval Surface Warfare Center Port Hueneme Division

(NSWC PHD).

2. Description of the Action Being Approved

Award of a single contract on a sole source basis for nine small arms simulator systems to Meggitt Training Systems, Inc. (MTSI).

3. Description of Supplies/Services

This acquisition is for nine small arms simulator systems to sustain weapon qualifications. The system is comprised of the screen, supporting software, fill stations with adaptors, and compressed air bottles assemblies), 45 FATS® SRS® Carbine Rifle (M4) BlueFire® weapon simulator, 45 M18 BlueFire® weapon simulators, and 18 additional BlueFire® weapon magazines each for the M4 and M18 simulators, as well as a 1-year extended warranty after the initial 12-month warranty. Total estimated value is $1,334,518.16 for the supplies and $75,153.83 for the extended warranty. This procurement will use National Guard Reserve Appropriation (NGREA) Funds, which expire September 2021.

Estimated Dollar Value

FY20 Totals

NGREA $1,409,671.99 1,409,671.99

4. Statutory Authority Permitting Other Than Full and Open Competition

The specific statutory justification permitting other than full and open competition is 10 U.S.C. Section 2304 (c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

NCH 53.6-2

5. Rationale Justifying Use of Cited Statutory Authority

The Sailors in this command are required to maintain their weapons qualifications to be able to stand armed watches on-board vessels and at entry control points where the ship is moored when they are on orders. The necessity to sustain these qualifications originates from OPNAVINST 3591.1F (Small Arms Training and Qualifications) which states that all personnel are required to undergo semi-annual sustainment training between annual live fire re-qualifications, that if available, shall be completed on a simulator.

Currently, the command has five (5) existing small arms simulator systems from the manufacturer, Meggitt Training Systems, Inc. (MTSI). The Government requires nine additional systems to accommodate increased training needs, which have resulted from an increased command size and greater need for Sailors to perform Force Protection duties while on orders.

These new systems are required to be seamlessly compatible with existing systems. There are already established scenarios and training procedures with the existing equipment and there is no known compatibility with other manufacturers’ systems due to the proprietary nature of existing software. The current standardized training would be incompatible with two unique systems. The compatibility with the existing systems avoids an estimated value over $500K, which is not expected to be recovered through competition. This estimate is based on omitting upgrades of existing systems, which would require additional systems to be procured. Additional training of unit personnel on new systems would cause delays to qualifications process based on new system being used, duplication of two sets of procedures, maintenance, system proficiency, and lends itself to economies of scale with interoperability of the systems and shared life cycle parts and servicing.

Additionally, compatibility is required to facilitate a transition from the outgoing M9 pistol to the latest M18 pistol. Utilizing the identical systems will prevent premature obsolescence of the M9 pistol currently utilized on existing systems.

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

Market research was conducted in April through May2020 on various internet searches, required and suggested sources of supply, catalogs and published pricelists, and historical information such as previously awarded contracts from other commands. MTSI is a GSA Schedule holder GS-00F-113DA. All GSA Schedule items are only commercial items, regularly bought and sold in the commercial marketplace, so this procurement is considered a commercial item. A Sources Sought was posted from May 27 through 11 Jun, with 1 vendor pricing received with an additional 3 vendors providing capability statements.

MTSI does not have any authorized re-sellers and sells 100% of its products; therefore seeking brand name instead of sole source was not possible.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will use price analysis, including historical cost estimating relationships from previous Opus Suite procurements to determine that the final price to the Government is fair and reasonable. The Contracting Officer has determined that the anticipated cost to the Government for the supply covered by this Justification & Approval (J&A) will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in the justification rationale, NSWC PHD Contracts Office 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, Code 02 will assess whether competition for future requirements is feasible.

SADR.JULIE.M.1250214754

706379

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

KNOWLES.MARK.ALAN.1087267853 Digitally signed by KNOWLES.MARK.ALAN.1087267853 D_a_t_e_: 2_0_2_0_.0_7_.0_2_0_5_:5_6_:1_6_-_07_'_00_'

Mark Knowles, Code L50

REQUIREMENTS COGNIZANCE:

Digitally signed by SADR.JULIE.M.1250214754 D_a_te_: 2_0_20_.0_7._01_1_7_:1_6:4_7_-0_7_'0_0'

Julie Sadr, Code, L55

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

MAGLASANG-MILLER.ANDREA.SUE

WAH.1456228948

Digitally signed by MAGLASANG-

MILLER.ANDREA.SUE WAH.1456228948

Da_te_: 2_02_0.0_7._07_16_:4_5:2_3 -_07_'00_'

Andrea Maglasang-Miller, Assistant Counsel, Code 00L

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

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

SHANER.KEITH.A.1231 Digitally signed by

SHANER.KEITH.A.1231706379

D_a_te_: 2_0_20_.0_7_.0_1_13_:3_1_:5_5_-0_7_'0_0'

Keith Shaner, Contracting Officer, Code 0243

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as (Senior Procurement Executive of the Navy, Designee of the Head of the Procuring Activity, Designee of the Head of the Contracting Activity, Competition Advocate for the Procuring Activity, Contracting Officer, as appropriate) the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Chief of the Contracting Office (CCO)

THOMPSON.MICHAEL.DAVID.12

65364817

Digitally signed by

THOMPSON.MICHAEL.DAVID.1265364817

D_at_e_: 2_0_2_0_.0_7_.0_8_1_4:_0_5:_3_2_-0_7_'0_0_' Michael Thompson, CCO, Code 02