19RGM69_J&A.pdf

DEPARTMENT OF THE NA VY

CRANE DIVISION

NAVAL SURFACE WARFARE CENTER

300 HIGHWAY 361

CRANE INDIANA 47522-5001

JUSTIFICATION AND APPROVAL (J&A)

IN REPLY REFER TO:

J&A Number: CR-19049 Code: GXM P.R. Number: N0016419RGM69

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

Naval Sea Systems Command, Naval Surface Warfare Center, Crane Division (NSWC Crane), Global Contracts Division (Code 022).

2. Description of the Action Being Approved

Award of a Cost-Plus-Fixed-Fee (CPFF), completion f orm, supply contract on an other than full and open competition basis for the procurement and maintenance support of a Flash X-Ray (FXR) machine and a Short Pulse Gamma (SPG) irradiator from L3 Applied Technologies (L3), 2700 Merced St, San Leandro, CA 94577 (CAGE : lBXTl ).

3. Description of Supplies/Services

L3 shall design and manufacture two machines capable of providing a high rate of ionizing radiation dose: one (1) FXR and one (1) SPG. The equipment shall be designed, assembled, tested, and veri f ied at L3's San Leandro facility before shipment to NSWC Crane for instal l ation and proofing.

These simulators are vital to NSWC Crane performing critical, high dose rate electronic component testing to verify the components are suitable for use

In addition, L3 shall develop and execute a plan to ensure adequate shielding for ope rators and users at the NSWC Crane facility. The shielding plan shall be optimized to use as little shielding material as possible, while maintaining appropriate safety factors, in order to maximize usable space within the NSWC Crane facility. The cost of the shielding material will be included in this contract.

Additionally, L3 shall provide long- term sustainment services for these two machines; to include, but not limited to, preventative maintenance, acute failure diagnoses and remediation, and technology refreshes, as necessary.

The Department of Defense's (DoD) minimum needs have been verified by the certifying technical and requirements personnel.

J&A Number: CR-19049

This contract will be funded with RDT&E appropriated funds:

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S . C. 2304(c) (1) and in accordance with ( IAW ) FAR 6.302-l(a) (2), only one responsible source and no other type of supplies will satisfy the needs of the agency.

5. Rationale Justifying Use of Cited Statutory Authority

Through market research and the request for capability statements via a Request for Information (RFI ) , it has been determined that L3 is the only technically-viable source of the required radiation-producing machines described in Section 3.

The U.S. Congress stipulated, via the FY 2018 National Defense Authorization Act (NDAA), Section 1670, the DoD must certify to Congress by 31 December 2020 that the "capability to produce or acquire strategic radiation hardened trusted microelectronics, consistent with DoD Instruction 5200.44, is operational and available to suppl y necessary microelectronic components for necessary radiation environments involved with the acquisition of delivery systems for nuclear weapons". In so certifying, the DoD must prove by 2020 that it has a Trusted source of microelectronics validated to operate in a strategic environment into the foreseeable future.

L3 is the only known source capable of meeting the Government's requirement. There are no other known sources technically capable to manufacture, qualify, and sustain the required equipment to supplant the NSWC Crane LINAC capability.

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

NSWC Crane contacted the Defense Threat Reduction Agency (DTRA) for information on their recent procurement of flash x-ray simulators. The information provided showed that, in 2012 and 2018, DTRA issued an RFI /Sources Sought announcement seeking R&D, testing, and engineering support regarding flash x-ray devices. In both cases, L3 was the only responder.

The 2018 RFI / Sources Sought was made available at the Federal Business Opportunities website (FBO) under number ACRRDNTS181407.

In accordance with the Defense Acquisition Regulations Supplement (DFARS) PGI 206.302 - l(d), NSWC Crane issued a RFI/Sources Sought at FBO on 21 November 2018 under special notice number N0016419SNB26. The RFI/Sources Sought closed on 03 December 2018 with one (1) response received; which was provided by L3. Adaptive Energy, a company which specializes in providing imaging technologies including: digital radiography, computed tomography and ultrasound; contacted the Government with questions while the notice was open. The Government provided responses to their questions, but Applied Technologies did not provide a response to the RFI/Sources Sought.

The proposed effort was synopsized via posting to FBO on 06 December 2018 as required by FAR 5 . 201. The synopsis closed 21 December 2018. No responses were received in response to the published synopsis.

L3 is the only source deemed capable of satisfying the Government's requirement. In accordance with the market research detailed above, it is confirmed that no other source other than L3 is able to provide the required supplies. Any responses from interested sources rece i v ed prior to contract award will be considered.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined the anticipated costs to the Government for the supplies covered by the J&A will be fair and reasonable prior to award. The Contracting Officer will use cost and price analysis to determine a fair and reasonable price. Assistance from the Defense Contract Management Agency (DCMA) may be requested to analyze, evaluate, and negotiate based upon detailed cost or pricing data which will be certified by L3 at the conclusion of negotiations. Comparisons to the independent Government estimate may also be used as necessary.

8. Actions to Remove Barriers to Competition

NSWC Crane has no plans for future contracts for the types of supplies covered by this document; this acquisition is a one-time buy.

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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 data are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Name (Print Title ('tode) Phone No. Date Signature

REQUIREMENTS COGNIZANCE:

Si nature

Name (Print) and Title (Code Phone No.

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90)

I have determined this justification is legally sufficient .

Date

Signature Phone No. Date

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.

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

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Senior Executive of the STRL, the solicitation of the proposed procurement us ing other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c) (1).

Name (Print) Date