19DWM10_J&A_Redacted.pdf

NCH 53.6-2 (MAY 2016)

DEPARTMENT OF THE NAVY

CRANE DIVISION

NAVAL SURFACE WARFARE CENTER

300 HIGHWAY 361

CRANE INDIANA 47522-5001

IN REPLY REFER TO:

J&A Number: 18-027

Code: 0243

P.R. Number: N00164-18-R-WM10

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center

Crane Division (NSWC-CD), Spectrum Warfare Contracts Division, Maritime and IR/RF Contracts Branch, Code 0243.

2. Description of the Action Being Approved

Award of an Indefinite Delivery, Indefinite Quantity (IDIQ)

Firm Fixed Priced (FFP) contract to Rockwell Collins, Inc., 400 Collins Road NE, Cedar Rapids, IA 52498. All work will be performed at Rockwell Collins, 3200 East Renner Road, Richardson, Texas 75082 on a sole source basis for the test, evaluation and repair of Rockwell Collin’s Microwave Tuner, a component in the Specific Emitter Identification (SEI)

System. This IDIQ contract will also cover the procurement of spare Microwave Tuners.

3. Description of Supplies/Services

The Rockwell Collins Tuner is a critical component of the

SEI System. This tuner is a high performance, Without this specific tuner, the SEI System would not be operational.

The repaired tuners will be used to maintain stock levels for the replacement of non-conforming tuners, in order to restore systems to a Ready-For-Issue condition.

J&A Number: 17-074

The organic depot located within NSWC Crane’s Maritime

Electronic Warfare Division and NAVICP use the SEI System to support United States Navy (USN) and United States

Coast Guard ships, among those the DDG, CG, LHD, and LPD classes.

intelligence gathering or countermeasure activities.

It is anticipated that a FFP IDIQ type contract with a five year ordering period will be awarded for the test, evaluation and repair of these tuners. It will also include a line item to order up to a quantity of 20 spare tuners. The estimated quantity to be tested and repaired is a quantity of 60 repairs.

The NSWC Crane Maritime Depot Division has in-house capability to fully test the Tuner. Only those tuners which fail the system and acceptance test are sent to the

Original Equipment Manufacturer (OEM), Rockwell Collins, for repair.

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

10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition

Regulation (FAR) 6.302-1. Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

The Government requires hardware components designed to meet the requirements of the SEI System. Rockwell Collins is the

OEM of the tuner and the only source for spares and repairs.

This tuner must integrate precisely into existing SEI

Systems, and be compatible with existing hardware in terms of form, fit, and function. Substitution with any other component would not ensure complete (100%) drop-in compatibility; thereby increasing the operational risk to the warfighter. Rockwell Collins has the unique expertise and resources to begin execution upon award.

Rockwell Collins retains control of the design, integration, and testing rights of this tuner. The Government does not possess a Technical Data Package, and; therefore, lacks adequate detailed design and testing information required to allow for full and open competition to repair the tuners or procure spares. The use of full and open competition would require significant, Non-Reoccurring Engineering for the design, development, testing, and production of replacement technology for the tuners.

The amount of engineering, engineering change proposal support, qualification, fabrication, testing, including shipboard testing, required to develop an alternate source for new tuners or develop a new repair and testing facility is estimated to take at least 10.8 man years, and cost in excess of $3.2M based on a duplicative cost analysis. The

Government does not have the funding to develop another source. SEI Program Office certification would be required for the use of a new tuner for each class of ship.

Certifications, which must be approved by SHIPMAIN, are scheduled for one or two events a year, and historically cost between $100K and $250k each.

Development of an alternate source is not economically feasible due to the data rights and technical documentation required to test, evaluate, and repair these microwave tuners. Any attempt to develop an alternate source would result in a substantial delay, and cause the Government to miss current installation and repair schedules. There is no certainty that a development effort would result in a qualified alternate source. For these reasons, Rockwell

Collins is the only source capable of producing, testing, evaluating, and repairing the microwave tuners to be re-integrated into the SEI System.

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

Offerors as Practicable

A sources sought synopsis regarding the planned contract action was published on the FEDBIZOPS website on 2 June

2017. To date, no responses have been received. The anticipated contract action was synopsized in the Government point of entry FEDBIZOPS as required by FAR 5.201, on 23

January 2018. To date, no responses have been received. This validates the determination that there is no other responsible supplier of the required supplies and services.

Any responses from interested sources received prior to contract award will be considered.

In accordance with FAR 6.303-2(b)(8), additional market research was conducted with Rockwell Collins, Inc. Rockwell

Collins stated that if they were to receive a formal written request from the Government for the data rights in support of the tuner they would consider proposing. At this time the Government does not intend to procure the data rights from Rockwell Collins. As stated in paragraph 8 below the

Government is actively seeking other avenues for a replacement tuner which would be more cost advantageous to the Government.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the supplies/services covered by the J&A will be fair and reasonable. The Crane contracting office will use cost or price analysis to determine a fair and reasonable price. Assistance from the Defense Contract

Audit Agency (DCAA) and the Defense Contract Management

Agency (DCMA) may be used to analyze, evaluate, and negotiate based upon detailed cost or pricing data, certified by Rockwell Collins, Inc. as required.

8. Actions to Remove Barriers to Competition

NSWC Crane, In Service Engineer Agent (ISEA), Code WXM is currently investigating alternative methods to obtain a complete SEI Technical Data Package that would be suitable for competition. If obtained the ISEA will pursue a build to print replacement system to meet the FY21 installations and forward.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

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. PEO IWS

2E5-Legacy-AP-FY17-001, 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(b)(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(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

2304(c)(1).

Competition Advocate for the Procuring Activity

Signature Name (Print) Date