JA_40999_FBO.pdf

DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVENUE SE

WASHINGTON NAVY YARD, DC 20376.2020

ti REPLY REF~RTO

J&A Number: 40,999 Code: 0241 P.R. Nusn]Der: N00024—14—14R-59838

JUSTIFICATXO?~T AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Fleet Support Contracts Division, NAVSEA 024.

2: Description of the Action Being Approved

Award of a contract modification on a sole source basis for the increase in engineering services hours on contract N00024-07-C- 4223 to 13 Applied Tecbnologies, Inc. (L3), 2700 Merced Street, San Leandro, CA 94577.

3. Description of Supplies/Services

The Naval Sea Systems Command intends to increase the ceiling on contract number N00024-07-C--4223 for research and development activities associated with the 200 MJ capacitor bank pulsed power and energy storage system for US Navy electro-magnetic railgim launcher proof of concept by increasing the engineering services labor CLIN from hours by hours for an estimated amount of $4,650,000.00.

Currently, the contract is fully funded to the ceiling amount of $3,091,840.00, and was recently approved by the Director of Contracts for extension through 31 December 2015.

Under CLIN 0001 of this contract, L3 has developed aspects of the pulsed power based on the concept they proposed under Broad Agency Announcement (BAA) N00024-05-R-4201 for the development of advanced modules to support Naval Integrated Power Systems.

Over the course of the contract, aspects of the L3 approach have been demonstrated, but not analyzed at full scale. The engineering services line items of the contract have been utilized to further evaluate the concepts at a system level.

However, the hours included at the time of award have not been sufficient to fully demonstrate the prototypes being developed.

Therefore, additional labor hours are needed to conduct hardware related studies to determine the applicability of the hardware to the electromagnetic weapons applications.

J&A Number: 40,999

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

The primary source of funding for the sole source procurement is Research, Development, Test and Evaluation, Navy (RDT&EN).

The associated studies on hardware applicability may come from FY 2014 and FY 2015 Research, Development, Test and Evaluation, Navy (RDT&EN). The estimated amount for each line item is stated in the table below.

FY14 FY15 Total

RDT&S,N $2,000,000.00 $2,650,000.00

TOTAL $2,000,000.00 $2,650,000.00 $4,650,000.00

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.

5. Rationale Justifying Use of cited Statutory Authority

This contract was awarded competitively under NAVSEA Broad Agency Announcement (BAA) N00024-05-R-420l for the development of advanced modules to support Naval Integrated Power Systems.

The BAA explicitly states that proposal submissions will be protected from unauthorized disclosure in accordance with FAR 15.207, applicable law, and Department of Defense (DoD) /Department of Navy (DON) regulations. The technical approaches proposed under the BAA are unique to each of feror and not based on performance specifications. Therefore, alternate sources for the proposed technology cannot be completed directly as there is no performance specification, technical data package, specifications, engineering descriptions, statement of work, or a purchase description suitable for full and open competition. The knowledge gained from the developments informs the Navy’s requirements for future systems should the technology demonstrations prove successful. The ultimate shipboard systems will be procured on a competitive basis. There is only one source for the technical approach proposed by L3 based on the unique nature of their concepts submitted under the BAA.

Consideration of sources for the above other than L3 is not practical as the nature of the technology is proprietary to L3.

Proof of the feasibility of the technology to a Navy application is yet to be gained and it is infeasible to develop a competitive specification for the technology at this time until the technology is sufficiently demonstrated. L3s proprietary methods used to design their approach to the pulsed power system enable a successful completion of prototype development whereas an alternate source would not have access to this intellectual property. There are no known other business sources that are capable to meet these requirements- Transition to any source other than 12 would require the new source to develop an alternate approach that does not use the seine technology as L3 in order to avoid inappropriate use of proprietary information, which would take at least one and a half years to develop, creating an unacceptable delay.

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

A synopsis of the current requirement to increase engineering services hours was posted to the Federal Business Opportunities (FedMzOps) website in accordance with FAR 5.2 on 5 February 2014. No responses have been received to date. A synopsis of the requirements for NAVSEA Broad Agency Announcement (BAA) N00024-05—R-4201 was posted to the FedBizOps website in accordance with FAR 5.2 on 10 December 2004 and amended through 9 December 2008, with a successor BAA N00024-10-R-4215 extended through 8 February 2014. No additional market research was conducted because it is not practicable, for the reasons discussed above, for any companies other than those indicated herein to provide the required supplies and services. Any inquiries received will be evaluated prior to award.

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.

A significant quantity of engineering service hours have been previously purchased from L3 under this contract. The Contracting Officer will utilize this data to develop his negotiation position to ensure that a fair and reasonable price is reached.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, the Naval Sea Systems Command has no plans at this time to compete future contracts for the types ot supplies/services covered by this document. If another potential source emerges, the Naval Sea Systems Coimnand will assess whether competition for future requirements is feasible.

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 Acquisition Plan No. not required lAW DFARS 207.103(d) Ci) (B), except as noted herein, are comp~te and accurate to the best of my knowledge and belief.

COGNIZANCE

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LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303 (90))

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

I certify that this justification is accurate and complete to the €%~iae ~ a~a~____________________________

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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.

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