N00164_16036_FBO.pdf

J&A Number:16-036 Code:GXPS

P.R. Number: N00164-17-T-GP19

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

Naval Sea Systems Command, Naval Surface Warfare Center, Crane Division, Code 0221.

2. Description of the Action Being Approved

Award of a 5-Year, Firm-Fixed Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ) contract on a brand name only basis for procurement of Ultra-Lok 8169 Band Clamps manufactured by Band-It- IDEX, Incorporated, 4799 Dahlia St., Denver, CO 80216-3222 which meets the requirements of the applicable Naval Sea Systems Command drawing and parts list.

3. Description of Supplies/Services

Ultra-Lok 8169 Band Clamps are a critical component of the

. This system is used on for integrated undersea warfare detection, classification, display and targeting.

This system combines and processes all active sonar information, and processes and displays all sensor data.

The band clamp is a component that is replaced during the repair of the Transducer at NSWC Crane’s Depot Repair Facility. This component along with the Acoustic Boot Assembly forms the lower watertight seal on the Sonar Transducer.

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

The chart below provides estimated dollar values per fiscal year and appropriation. The total estimated maximum dollar value for this procurement is $3,000,000.00.

Estimated Dollar Value FY17 FY18 FY19 FY20 FY21 Totals

WCF

FMS

Total $3,000,000

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation FAR 6.302-1, only one responsible source.

5. Rationale Justifying Use of Cited Statutory Authority

As set forth below, Band-It-IDEX, Incorporated is the only responsible source capable of providing the required supplies.

In accordance with FAR 6.302-1(a)(2)(ii), supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued production of highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in: A)Substantial duplication of cost to the Government that is not expected to be recovered through competition or: (B) Unacceptable delays in fulfilling the agency’s requirements.

Award to a source other than Band-It-IDEX, or a distributor of Band- It-IDEX manufactured equipment, is likely to result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements.

While the Government does have a technical data package sufficient to solicit this action competitively, Band-It-IDEX is the only source that has successfully completed required testing and uses the approved material in accordance with NAVSEA requirements per drawings and parts list for the Transducer band clamps.

The original effort to select sources for certification of Transducer band and clamp for the Boot Assemblies was performed in 2001 at NSWC Crane. Band-It-IDEX is the only approved manufacturer based on performance and testing requirements of the Critical Item Production Fabrication Specifications (CIPFS) for the Transducer

. Due to the critical nature of the band and clamp system utilizing another source would require completion of the testing requirements in the CIPFS, submission and approval of an Engineering Change Proposal (ECP), and subsequent changes to system drawings.

This process also includes the inherent risk of testing failure.

Utilization of another source would result in duplication of costs estimated at $656,006. In order to qualify another vendor, the CIPFS testing requires the production of complete Transducers.

In addition, the CIPFS testing requires that full First Article Testing be performed. Additional labor costs for development, testing, and manufacturing would also be included. A breakdown of these costs is shown as follows:

Cost Element Basis Production of

Transducers. Units tested cannot be deployed per In-Service- Engineering-Agent Authority.

Actual component costs of per transducer

(N00164-15-D-GP71)

First Article Testing (Explosive Shock, Vibration, Acoustic and Hydrostatic Pressure) of Transducer

Past testing procedures and technical experience consisting of the following:

Environmental Effects hours Steady State Power hours Vibration hours Accelerated Life Test hours *Shock - Acoustic Acceptance Test hours

*Testing completed at Lake Seneca

Basis – hours of test and evaluation time @

/hour plus for explosive shock.

Engineering Testing of Component hrs at /hr

Once a possible material is identified, this time is required for certification testing of component

Certification of a new source is estimated at year but it cannot be determined whether all specification requirements have been met unless the item is deployed for a period of years in accordance with the standards stated below:

Time Element Basis

Year Production and testing of

Transducers

(N00164-09-D-GP05)

Years

Transducers with new band and clamp must meet all the requirements of CIPFS for at least years without requiring maintenance

In accordance with Critical Item Production Fabrication Specification

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

Offerors as Practicable

Through market research conducted by the NSWC Crane Platform and Launch Systems Division, Band-It-IDEX, Incorporated of Denver, CO, was identified as the only current source that can meet the government requirements. No additional vendors responded to the RFI expressing the ability to meet the requirements and necessary certifications. The band clamps are only available from Band-It- IDEX, Incorporated or an approved distributor.

In accordance with DFARS Procedures, Guidance, and Information (PGI) 206.302-1, a Request for Information (RFI)/Sources Sought was issued on 29 June 16 with a closing date of 15 July 16. The combined synopsis and solicitation will be posted by utilizing FAR Part 13.5 (Simplified Procedures for Certain Commercial Items) and FAR Part 12 (Acquisition of Commercial Items) via posting on the Federal Business Opportunities (FEDBIZOPPS) website. The combined synopsis and solicitation for band clamps will be posted upon approval of this J&A. Any responses to the synopsis that may be received will be considered for a possible competitive effort.

7. Determination of Fair and Reasonable Costs Determination of Fair and Reasonable Cost

The Contracting Officer has determined that the anticipated cost to the Government for the supplies covered by this J&A will be fair and reasonable. These are modified commercial items and it is anticipated that the fair and reasonable price determination will be based on a comparison of proposed prices with prices found reasonable on previous purchases and a comparison with similar items in a related industry.

8. Actions to Remove Barriers to Future Competition.

The Government has not located other vendors capable of supplying a product that meets the requirement for the requirements as well as capable of completing the required certification plan in the timeframe required to meet existing requirements. To date, Band-It-Idex, Incorporated has been the only vendor capable of passing the extensive certification testing, completing the certification plan, and supplying a product that fully meets sponsor requirements.

Based on the cost and schedule called out in Paragraph 5, only one source is being pursued to provide the band clamps at this time.

Naval Surface Warfare Center, Crane Division will possibly be pursuing multiple sources for potential competition in the future.

Based on the production, first article testing, and reliability requirement of the band clamps, the option of pursuing another vendor to certify as another source would take approximately years meaning the earliest timing of a second source availability would be .

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

TECHNICAL COGNIZANCE:

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

REQUIREMENTS COGNIZANCE:

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 best of my knowledge and belief.

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for 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).

CRANE DIVISION COMPETITION ADVOCATE APPROVAL:

Signature Name (Print) Date