N00024_21535.pdf

DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL A VE SE

WASHINGTON NAVY YARD DC 20376-0001

J&A Number: 21,535 Code: SEA 02234 PR No.: N0002420NR53145

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

Award on a sole source basis to SAFE Boats International (SBI), 8800 Barney White Rd, Bremerton, WA 98312-4921, for the Long Lead Time Material (LLTM) and other related planning efforts, and Detail Design and Construction (DD&C) of two (2) MK VI Patrol Boats for the

3. Description of Supplies/Services

NAVSEA has a requirement to procure two (2) MK VI Boats for the The two (2)

The boats will be built by SBI, who owns the proprietary rights to the MK VI Patrol Boat design.

The MK VI Patrol Boats will be a new vessel supplied to the and is currently in service within the United States Navy (USN). SBI is the only prime contractor and supplier of the USN MK VI Patrol Boat. SBI also serves as the Class Design Services agent for all vessels of that type. The boats will be approximately Displacement of

4 .

The delivery schedule for the two (2) MK VI Patrol Boats

The specified minimum needs through a of Offer and Acceptance (LOA), The Government's minimum needs have been verified by the certifying technical and requirements personnel.

The estimated dollar value of the two (2) MK VI Patrol Boats, by appropriation year, is as follows:

Estimated Dollar Value

~'--Fu_n_d_in_g=-------~-------$_!_~-~-~_M ______ _____, ~ . $57.0M

Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304 (c) (1). Only one responsible source and no other suppliers or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

The contemplated contract will be funded with a combination of funds. Four (4) boats will be funded by two (2) boats will e funded by funding. The Purchaser, the , has requested four (4) MK VI Patrol Boats from the OEM builder, SBI. These MK VI Patrol Boats will be 100 % funded by 1111 funding, case 11111111· This LOA is covered under the authority of 10 U.S.C. 2304 (c) (4), approved via International Agreement.

The has requested that an additional two (2) MK VI Patrol Boats be provided to the

These MK VI Patrol Boats will be funding The 1111

MK VI Patrol Boats will not be funded via an LOA covered under 10 U.S.C. 2304 (c) (4); the 1111 MK VI Patrol Boats will be procured via SBI, on a sole source basis, under the authority of 10 U.S.C. 2304 (c) (1).

As the OEM builder for MK VI Patrol Boats, SBI owns the technical data package for the MK VI Patrol Boat. On 01 July 2020, the US Government requested a price estimate from SBI to procure the technical data package that would allow for competition for the MK VI Patrol Boat. On 09 July 2020, SBI provided an estimated cost of 1111 for the MK VI technical data package. Accordingly, the Government has determined that it will not be cost effective to procure the data rights for the purpose of conducting a competition. As the Government does not possess the design products, which may or may not be modified under~ MK VI Program to meet the requirements of the ~re will be a substantial duplication of costs associated with procuring the technical data package in order to be able to compete this requirement, which is not expected to be recovered via competition. Accordingly, as SBI is the only responsible source with the requisite knowledge required to complete construction of these MK VI Patrol Boats and thereby satisfy needs, it is in the Government's best interest to procure the two (2) MK VI Patrol Boats, on a sole source basis, from SBI.

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

In accordance with FAR 5.201, the contemplated contract was synopsized on the Beta System for Award Management (https://beta.sam.gov) on 01 October 2020. No responses have been received to date. If any responses are received, they will be evaluated prior to award. A waiver to the DFARS PGI requirement 205.302-l(d) requirement to post a sources sought notice or request for information for any justification utilizing the authority at FAR 6.302-1 was approved. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5, for any company other than SBI to provide the required supplies and services.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by the J&A will be fair and reasonable. Significant quantities of this requirement have been purchased from this offeror in the past and cost/pricing information was received on those past procurements. 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 has no plans at this time to compete future contracts for the type of supplies/services covered by this document. If another potential source emerges, NAVSEA will assess whether competition for future requirements is feasible.

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, including Acquisition Plan No. PMS 325F-20-01, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

g ~ . . .

REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Signature Name (Print) and Title (Code) Phone No. Date

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 .

Signature Name (Print) and Title (Code) Phone No. Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Designee of the Head of the Contracting Activity 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).

Digitally signed by

TOMAIKO.SUSA TOMAIKO.SUSANW.10540272

N .W.1054027288 Date: 2020 110912:53:25

-05'00'

Signature Name (Print) Date