19QW002_ J&A_Redacted.pdf

J&A Number: CR-19186 Code: 0243

P.R. Number: N00164-20-Q-W002

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea System Command, Naval Surface Warfare Center (NSWC)

Crane Division, Spectrum Warfare Contracts Division, Maritime and

IR/RF Contracts Branch, Code 0243.

2. Description of the Action Being Approved

Award of a Firm Fixed Price (FFP) Indefinite Delivery Indefinite

Quantity (IDIQ) contract on a sole source basis to Intellipower Inc., 1746 St. Thomas Circle, Orange, CA 92865,

3. Description of Supplies

The following component is critical for the AN/SLQ-32(V)6 system, and can be procured, separate from the main unit, as an Intellipower component:

CAGE Part

Number

Drawing

Number

Nomenclature

OUMT8 FB00010 1400022-01 OUTLINE DRAWING, FB00010, BATTERY

ASSY TRAY, HOT SWAP, 08-BATTERY, 1X5

+ 3, 2.9 AH VERTICAL, ALUMINUM

DOMINO

contract value is $597,420 over the five (5) year

J&A Number: CR -19186 period. Other Procurement Navy (OPN) funding will be used for this effort.

Estimated Dollar Value

Appropriation FY20 FY21 FY22 FY23 FY24 Total

OPN $112,500 $115,875 $119,385 $122,985 $126,675 $597,420

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 services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

The development of the AN/SLQ-32(V) 6 System was competitively awarded to Lockheed Martin Corporation, Liverpool, NY, in 2009. This was under the award number N00024-09-C-5300. Accordingly, Lockheed Martin provides specific dimensions that the power supplies needs to comply with, so that they can fit within the AN/SLQ-32(V)6 cabinets and function as required and meet the size requirements. The power supply fits into the cabinet that Lockheed Martin builds, and the battery tray that is being procured goes into the power supply. The power supply is built solely for this system, and the battery tray that can slide out of it was customized for the power supply. Intellipower built the power supply, as well as this battery tray, as a customized item to meet the Government’s requirements. The requirements written by Lockheed Martin are confirmed and used by the Government. These requirements uphold the components and the system to these standards, per the Procurement Control Drawings (PCDs) which list the approved sources of supply and describes the dimensions, performance, and interface requirements but are not production level drawing.

Therefore, the Government does not own Production Level Drawings or any rights to production level drawings.

During Market Research, Intellipower stated that they were unwilling to sell the data rights to the Government or to any other vendor.

The component listed in Paragraph 3 have been verified to meet the specification requirements through extensive engineering tests, and

Intellipower is currently the only source approved by Lockheed Martin and the In Service Engineering Agent (ISEA) to produce this battery tray. Any competitive procurement utilizing the preliminary

Procurement Control Drawings (PCD) would require significant non-recurring engineering and product validation of the alternate source(s). An award to any source other than Intellipower would result in an unacceptable delay of approximately 16 months with additional costs in excess of $526,800. Funding has not been budgeted for and is not available for development of an alternate source at this time.

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

Market research was conducted and Intellipower was the only source approved to build the battery trays. A sources sought Request For

Information (RFI) synopsis for the proposed contract was posted on the

Federal Business Opportunities website on 16 May 2019. The effort was synopsized on 20 June 2019. To date, no potential sources expressed an interest in this requirement. No additional market research was conducted because it is not practicable for any company other than Intellipower to provide the required supply, based on reasons discussed in paragraph

5 above.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated price to the Government for the supply covered by the J&A are fair and reasonable. The Contracting Officer will use price analysis and historical data to aid in determining a fair and reasonable price.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC Crane has no plans at this time to compete future contracts for this type of supply covered by this document. If another potential source emerges, NSWC Crane 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 Program Streamlined Acquisition

Plan No. PEO IWS2E5 CR 15 001 REV 1, 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 Contracting 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).

COMPETITION ADVOCATE

Signature Name (Print) Date