N00024-13-R-6270_BPS_BOA_REDACTED_CJ A_SIGNED.PDF

DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISMC HULL. AVENUE SE

WASHINGTON NAVY YARD, DC ~O37G-OOQ1 IN REPLY TO

CJ&A Number: 62.215 Code: 5EA0262

P.R. Number: N0002413NR99386

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

Naval Sea System Command (NAVSEA) , Undersea Systems Contracts Division (SEA0262 — Submarine Systems Branch)

2. Description of the Action Being Approved

Award of a Basic Ordering Agreement (BOA) to Northrop Grumman Systems Corporation (NGSC) — Sperry Marine on a sole source basis for system repairs and design agent engineering services in support of the AN/BPS 15/16 Series Radar Program. Authority to act under this CJ&A expires

U1MAY2O19.

3. Description of Supplies/Services

The proposed BOA will provide design agent services;

equipment/parts, repair/refurbishment, alterations, engineering, field changes, overhaul, engineering services, and associated data for the AN/BPS—l5/16 Series Radar. The period of performance for the proposed BOA is five years.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel. The ceiling for the BOA is $60M and is based on previous acquisition efforts, planned budgets, and consideration of potential for Congressional plus—ups to procure upgrades.

Historically, actual funding for AN/BPS Series Radar BOA efforts has been unpredictable due to additional funding from the Office of the Chief of Naval Operations (OPNAV), Program Objectives Memorandum (POM) budgeting, Congressional pius—ups, and unexpected equipment repair. The estimated funding for the proposed BOA is set forth in the table below.

J&A Number: 62.215

Estimated Dollar Value (in millions) FY14 FY15 PYlE FY17 FY18 TOTAL

OPN_____ $5.20 $4.08 $4.44 $5.58 $5.33 $24.63

O&MN $0.76 $0.76 $0.89 $0.89 $0.89 $4.19

SCN $5.45 $5.45 $6.34 $6.34 $3.81 $27.39

RDT&E $0.63 $0.63 $0.76 $0.76 $1.01 — $3.79

TOTAL $12.04 $10.92 $12.43 $13.57 $11.04 $60.00

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304 Cc) (1). Only one responsible source and no other supplies or services will satisfy agency requirements in accordance with FAR 6.302—1.

5. Rationale Justifying Use of Cited Statutory Authority

NGSC — Sperry Marine competitively won the original development and production contract for the AN/BPS 15/16 Series Radar in 1988 and as a result is the original designer, developer and producer of the AN/BPS—l5/16 Series Radar system. As the sole producer of the AN/BPS 35/16 Series Radar system, NGSC — Sperry Marine has in—depth experience and unique system and sub—system knowledge and therefore is best suited to render the services/supplies required of this proposed BOA. NGSC — Sperry Marine’s experience and unique knowledge is not readily replicated by any another source without putting submarine schedules at risk and increasing cost to the Government.

Award to another source would result in unacceptable delays in fulfilling the agency’s requirements. It would take approximately five years for another source to conduct capital investment, hire and train personnel, and gain familiarity with the existing radar to achieve NGSC — Sperry Marine’s current level of experience and proficiency. The AN/BPS—15/16 Series Radar system provides safety of ship and safe navigation for submarines. In the event a submarine loses AN/BPS Series Radar functionality, immediate repair is imperative to ensure submarines can safely navigate and conduct operations while surfaced. Additionally, overhauls and upgrades are conducted on an ongoing basis as these requirements emerge. Timely completion of a radar overhaul or field change ensures submarines are returned to service on schedule.

No other company can deliver highly specialized AN/BPS 15/16 Series Radar equipment or perform these services without a substantial investment by the Government that would not be recovered through competition. To facilitate establishment of a second repair source, the Government would incur an isA Number: 62.215 estimated $6.3M of additional cost to provide highly specialized automated repair and test equipment as Government Furnished Equipment (GFE) . Included in this estimate are costs to procure automated test equipment/fixtures, pressure chambers, precision alignment tables, and mast deployment fixtures all of which are required to repair AN/BPS—15/l6 Series Radars.

Additionally, the majority of repairable items for the AN/BPS lSH/J Radar are NGSC — Sperry Marine commercial proprietary products. Estimated cost to obtain rights in technical data for these proprietary items is $13M.

For these reason, NGSC — Sperry Marine is the oniy responsible source capable of satisfying the Government’s requirements.

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

The proposed acquisition was synopsized on the Federal Business Opportunities (FEDBIZOPS) in accordance with FAR

5.201 on 30NOV2D12. To date, no responses have been reoeived. Any responses received will be evaluated prior to award. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than NGSC — Sperry Marine to provide the required supplies/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 this CJ&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in paragraph 5, the Naval Sea Systems Command (NAVSEA) 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, NAVSEA will assess whether competition for future requirements is feasible. The circumstances surrounding the need to obtain the required supplies/services without providing full and open competition will be reviewed annually by the Procuring Contracting Officer (PCO)

J&A Number: 62.215

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303—2(b))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including PEO IWS 2.0 Acquisition Plan No. 473—86 Rev. 6—08, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Ot~flhJh1Tr7~T r’nr~7r’?

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION (FAR 6.303—2(a) (12))

I certify that this justification is accurate and complete to the

~13ignature 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 Procuring Activity the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

2304 (c) (1) i f the Procuring Activity Name (Print) Date

Signatur’e- Namd (Print) and/Title ~(Code) PhorTe Wo. / E1ate

Sign~ji~ Name (Print) and Title (Code) Phohe No. Date

~ignacure ~ame çe’rinc; anti *ticie çuotiu;

Name (Print) and Title (Code)

Signature