E23_-_Redacted_J&A_(Curtiss_Wright_Sole_Source).pdf

DEPARTMENT OF THE NAVY

PROGRAM EXECUTIVE OFFICE

INTEGRATED WARFARE SYSTEMS

1333 ISAAC HULL AVENUE SE, STOP 2205

WASHINGTON NAVY YARD DC 20376-2205

J&A Number: 53,303 Code: SEA 0253

P.R. Number: N00024-18-FR-43678

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Surface Systems Contracts Division (NAVSEA 025).

2. Description of the Action Being Approved

The use of other than full and open competition for award of a contract on a sole source basis to CURTISS WRIGHT CONTROLS ELECTRONIC SYSTEMS (Curtiss Wright) of Santa Clarita, CA for procurement of sixty (60) DPMC-211-221 Digital I/O Modules.

3. Description of Supplies/Services

The DPMC-211 is a PCI Mezzanine Card (PMC) module, designed for use in the MK 46 MOD 2 30mm Gun Weapon System (GWS).

It is commercially available hardware sold exclusively by the original equipment manufacturer, Curtiss Wright.

The DPMC-211 boards will be Firm Fixed Price

(FFP) Contract Line Item Numbers (CLINs). This acquisition will be funded with WPN.

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

4. Statutory Authority Permitting Other Than Full and Open Competition

41 USC 1901 and FAR 13.501(a)(1)(i)- Special documentation requirements for conducting sole source acquisitions under Simplified Acquisition Procedures.

5. Rationale Justifying Use of Cited Statutory Authority

Use of other than full and open competition is justified in this case because there is only one responsible source for these supplies and services as defined under FAR 6.302- 1(a)(2)(ii). To fit under this exception, the supplies must be acquired with a follow-on contract for continued production of these digital boards, and the award to another source must result in either: A) unacceptable delays in fulfilling the agency requirements, or B) substantial duplication of cost to the Government that is not expected to be recovered through competition.

Curtiss Wright is the only source of the DPMC-211 I/O board.

Based on a review of the market and conversations with the OEM Curtiss Wright does not authorize the sale of this part by third party vendors.

The DPMC-211 is approaching the end of its production run and the Navy has the opportunity to purchase the DPMC-211 boards one last time to maintain critical stocks for MK 46 spare components.

The Government does not possess the required Level 3 Technical Data Package (TDP) to compete this procurement as a developmental item. Without the manufacturing technical data, any other company would not be capable of delivering a system that possesses the same capabilities as the DPMC-211. This represents an unacceptable delay in meeting the Navy’s requirement as the DPMC-211 boards are necessary to be provided to GDLS for production of Fiscal Year 2019 MK46 MOD 2 GWS and support of units in the field. Inability to do so would require redesign of the system to function with a replacement board, which would significantly impact GDLS’s ability to meet In-Yard Need Dates (IYND) for the MK46 GWS.

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

This procurement will be synopsized on the Federal Business Opportunities (FEDBIZOPPS) website http://www.fbo.gov on 10 May 2018 in accordance with FAR 5.201. Any responses received will be addressed in a manner befitting this acquisition. Fedbid.com was contacted to ascertain whether other vendors had sold the DPMC-211 board as a representative of Curtiss Wright, but no additional vendors were revealed.

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. The Contracting Officer has determined that the DPMC-211 is a commercial item, and accordingly, the Contracting Officer shall conduct price analysis in accordance with FAR 15.404-1(a)(2) and establish price reasonableness in accordance with FAR 13.106-3(a)(2), rather than obtaining certified cost and pricing data. The contractor will submit a quote with sufficient technical information to establish their ability to produce the required supplies in the correct quantity.

The NAVSEA contracting competency organization will use price analysis to determine a fair and reasonable price.

Curtiss Wright’s proposal will be reviewed by the cognizant program office personnel and contract specialists with the aid of necessary field pricing support.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NAVSEA has no formal plans at this time to compete future contracts for the types of supplies or services covered by this spares contract. If another potential source emerges, NAVSEA will assess whether competition for future component requirements is feasible and would still allow for timely delivery of MK 46 GWS units to the Navy.

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 except as noted herein, are complete and accurate to the best of my knowledge and belief.

COMBINED TECHNICAL AND REQUIREMENTS COGNIZANCE: Program Manager, Naval Gunnery Program Office (PEa 1118 3C)

DATE

LEGAL SUFFICIENCY REVIEW (NNCARS 5206.303(90)):

I have determined this justification is legally sufficient.

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CONTRACTING OFFICER CERTIFICATION / APPROVAL BLOCK (FAR

13.501(aH2)(i)): J. McCabe, SEA 02533

I certify that this justification is accurate and complete to the best of my knowledge and belief, and hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 41 U.S.C. 1901.

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