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Justification and Approval (J A) 63 910

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DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVENUE, S.E., M/S 2050

WASHINGTON NAVY YARD, DC 20376-2050

CJ&A Number: 63,910

Code: NAVSEA 02631 P.R. Number: N00024-15-NR-99518

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Undersea Systems Contract Division, NAVSEA 026.

2. Description of the Action Being Approved

Award of a Basic Ordering Agreement (BOA) on a sole source basis to Lockheed Martin Corporation, 497 Electronics Parkway Building 5, Liverpool, New York 13088 for system repairs and design agent engineering services in support of the Shipboard Mine Neutralization System-SeaFox (SMNS-SF) and the AN/ASQ-232 Airborne Mine Neutralization System-SeaFox (AMNS-SF) Authority to act under this Class Justification and Approval (CJ&A) expires May 31, 2019.

3. Description of Supplies/Services

The Shipboard Mine Neutralization System-SeaFox (SMNS-SF) and the AN/ASQ-232 Airborne Mine Neutralization System-SeaFox (AMNS-SF) will neutralize mines in the Fifth Fleet. The SeaFox will be deployed from the MCM-1 class surface Mine Countermeasures (MCM) vessels and the MH-53E MCM aircraft.

The purpose of the BOA is to procure services, supplies and documentation necessary to receive, evaluate, inspect, maintain, disassemble, repair, overhaul, refurbish, assemble, and test the SeaFox technology. The BOA will also provide the supplies and services for depot, test, technical, computer, life cycle and training support, spares and repair parts, support equipment; engineering services; engineering change kits, support material and equipment, and associated technical data and data management.

The period of performance for the BOA will be five years from the date the BOA is awarded.

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

The estimated value of the BOA is $19,900,000. Planned funding allotments for supporting this effort are identified by fiscal year and appropriation in the table below:

Estimated Dollar Value ($M)

FY14 FY15 FY16 FY17 FY18 FY19 TOTAL

OPN $6.0 $3.8 $0 $0 $0 $0 $9.8

O&M,N $0 $2.3 $2.2 $1.8 $1.9 $1.9 $10.1

Total $6.0 $6.1 $2.2 $1.8 $1.9 $1.9 $19.9

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304 (c)(1) “Only one or a limited number of responsible source(s) and no other type of supplies or services will satisfy agency requirements,” in accordance with FAR 6.302-1(a)(2).

5. Rationale Justifying Use of Cited Statutory Authority

10 U.S.C. 2304(c)(1), provides that full and open competition is not required when only one source is available to satisfy agency requirements. The MCM-1 class ships and the MH-53E helicopter are the primary mine neutralization platforms in Fifth Fleet. The rapid cycle of improvement within enemy mine inventories continues to add complexity to mine warfare operations, requiring rapid adaptation on the part of the United States in tactics, techniques, and procedures, and in fielding capabilities on a very short timeframe. The availability and maintenance requirements of the legacy mine neutralization systems, coupled with new threats in theater, require delivery and sustainment of Seafox systems. Therefore, award of this BOA to any source other than Lockheed Martin would result in unacceptable schedule delays.

This BOA is in support of the final installation and integration of a SMNS-SF system on 4 ships. The ship availability must begin in October FY 16. Failure to deliver the capability in the time requested is likely to result in the inability of Fleet MCM units to accomplish their missions which increases the probability of casualties and loss of life. Lockheed Martin is the sole designer, developer, and producer of the SMNS-SF variant and AMNS-SF systems. As such, Lockheed Martin is the only source currently capable of integrating the SMNS-SF systems with the

Atlas SeaFox neutralizer onto the host platform in a short amount of time.

Furthermore although the Navy possesses a technical data package (TDP) for the AMNS and SMNS systems, the TDP is not suitable for competition. The current TDP dates back from 2004 and is redlined as a result of the work conducted under the UON contract and would need to be revised in order to support competition. The revision could take at least twelve (12) months. In addition, it may take twelve (12) months for the Government to prepare a solicitation for a competition and another 12 months to conduct the competition. This will result in a three (3) year unacceptable schedule delay.

Additionally, no systems other than the Lockheed Martin AMNS and SMNS, and no neutralizer other than the Atlas SeaFox, can presently satisfy the Fleet’s schedule requirements. This BOA is for follow on support to a UONS that specified that the Fleet required the “weapon systems must be certified safe for shipboard and aircraft use (storage, handling, and deployment) by the Weapon System Explosives Safety Review Board (WSESRB).” The Lockheed Martin AMNS-SF system, which is already integrated with the SeaFox neutralizer, is currently WSESRB certified onboard the MH-53E. The SMNS-SF system is currently WSESRB certified for the MCM-1 class. It will take another company a full two (2) years to complete the WSESRB certification process. For the reasons discussed above, only Lockheed Martin can perform the necessary production and maintenance capabilities to meet the FY 16 ship availability schedule.

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

This action was synopsized on the Federal Business Opportunities (FedBizOpps) website on March 13, 2015 in accordance with FAR

5.2. The synopsis expressed the Government’s intent to award a BOA on a sole source basis. No additional market research was conducted because it is not practical, for the reasons discussed in paragraph 5 above, for any other company other than Lockheed Martin to provide the required supplies and services.

To date, no other interested parties have responded.

Individual or classes of orders to be issued under this BOA will be published on the FEDBIZOPPS website. Any responses received will be considered.

7. Determination of Fair and Reasonable Costs

The contracting officer will use DCMA and DCAA resources, as available, and historical information, for the same or similar procurements, in order to make a fair and reasonable cost determination for orders awarded under this BOA.

8. Actions to Remove Barriers to Competition

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). If new sources for support are identified for this effort, they will be duly considered and evaluated.

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 data, including Single Acquisition Management Plan No. 12-001 except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Kenneth Ross, Assistant Program Manager, PEO LCS (PMS495) Date

REQUIREMENTS COGNIZANCE:

Melissa Kirkendall, Program Manager, PEO LCS (PMS495) Date

LEGAL SUFFICIENCY REVIEW (FAR 6.303-2(a)(12)) I have determined this justification is legally sufficient.

Rizlane Riahi, NAVSEA 00L212 Date

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

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

Sonja Truehart-McKinney, Contracting Officer, NAVSEA 02631 Date

APPROVAL BLOCK (FAR 6.304 and DFARS 206.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Designee of the Head of the Procurement Activity, the solicitation of the proposed procurement using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Director of Contracts, Naval Sea Systems Command

______________________________________________________5/4/2015____ Cindy R. Shaver Date

Estimated Dollar Value ($M)

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