23Q0308_NONCOMP_REDACTED.pdf

CUI

IN REPLY REFER TO:

J&A Number: CR-23334 Code: 0234

P.R. TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The Naval Sea Systems Command (NAVSEA) Naval Surface Warfare Center, Crane Division (NSWC-CR), Expeditionary Simplified Acquisition Contracting Branch (0234).

2. Description of the Action Being Approved.

Award of a firm fixed priced contract on a brand-name other than competitive basis for the direct procurement of a quantity of 483 of the 166 MHZ Lower-Power Intel Pentium Processors (part number GC80503CS166EXT) in support of the MK 38 Gun Weapon System (GWS) from Intel Corporation (and distributors), 2200 Mission College Blvd.

Santa Clara, CA 95054-1549 USA. This action will utilize Federal Acquisition Regulation

13.5 for the use of Simplified Procedures for certain commercial items.

3. Description of Supplies/Services.

These processors are used in the MK38 Toplite Electro Optic Sight (EOS), which is the sighting system of the MK38 GWS. The MK38 GWS is used on a variety of United States Navy and Coast Guard ships for identifying, tracking, and engaging targets. The Toplite EOS provides visible, infrared, and laser range finding (LRF), identification and tracking capabilities. This processor is used in the MK48 MOD0 & MK48 MOD1 (a.k.a. Toplite 2 & 2P) EOS, which is the sighting system of the MK38 GWS.

The required processor has been identified as obsolete with available quantities diminishing. This action will serve as an end-of-life procurement for the 166 MHz Lower- Power Intel Pentium Processor (part number GC80503CS166EXT) which has been utilized in the Toplite EOS since its inception 16 years ago. This action will procure the quantity of 483 processors required to fulfill the Toplite EOS fielding expectancy for another 15-20 years, at which point the Government expects to have competed and replaced the Toplite

EOS.

The technical activity utilized the cost of prior procurements and current budgetary estimates to derive the current estimated value. The Government�s minimum needs have been verified by the certifying technical and requirements personnel.

DEPARTMENT OF THE NAVY

CRANE DIVISION

NAVAL SURFACE WARFARE CENTER

300 HIGHWAY 361

CRANE INDIANA 47522-5001

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(5) authorizes procedures other than competitive procedures when the agency�s need is for a brand-name commercial product for authorized resale. The requirement is for a brand-name product peculiar to one manufacturer, as authorized by FAR 6.302-1(c).

5. Rationale Justifying Use of Cited Statutory Authority.

Pursuant to 10 U.S.C. 3204(a)(5), this requirement is for a brand-name Intel Pentium Processor. No other supplies or services will satisfy agency requirements and the use of the brand-name description is essential to the Government�s requirements, thereby precluding consideration of a product manufactured by another company. Only Intel Pentium Processors meet the Government�s requirements in order to maintain the essential engineering capability of the Toplite EOS. This is a remotely controlled optical system that operates as the fire-control system for the MK 38 GWS when operating in maritime environments aboard U.S. Navy and Coast Guard surface platforms. An EOS consists of a Charged Coupled Device Daytime camera for day use, Mid-Wave Infrared Thermal Imager for day/night use, and LRF for target range acquisition and tracking. Based on the technical cognizance of the MK38 GWS, the process of creating, validating, and approving alternate processors would incur a complete reengineering and design of the current systems.

Rafael Advanced Defense Systems Ltd. (Rafael) is the manufacturer of the Toplite EOS, which is also called the MK48 MOD0 and MOD1. Although Rafael is not the manufacturer of the MK38 GWS, the Toplite EOS is a part of the MK38 GWS System and Rafael holds the technical expertise to provide a change to the current design which currently incorporates the aforementioned Intel Pentium processors. A change of the current processor would involve the technical activity engaging communication with Rafael regarding acceptability of an alternate processor in regards to performance, mechanical, and electrical requirements, as well as development of requirement documentation. The requirements documents, reviews of requirements with alternate vendors, and concurrences of any acceptable proposed modifications to the requirements in using an alternate processor is estimated hours in requirement documentation.

This estimated is based on prior costs associated with this and similar efforts.

The testing of alternate processors by possible vendors to validate performance to requirements and anti-counterfeit testing by Crane

. This performance testing and evaluation also includes acceptance testing by Rafael, documentation of said testing, and comparing results by all possible vendors. The change of processor would need to be recorded in all program documents, such as test procedures, bill of materials, and purchasing documentation, by both Rafael and NSWC-CR.

This estimated is based on prior costs associated with this and similar efforts.

The process of acquisition of alternate sources would also entail the time for procurement documentation and processing.

To obtain an alternate processor would cost the Government that would not be recouped via competition.

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

A Request for Information (RFI)/Sources Sought was posted on the System for Award Management website on 13 July 2023, in accordance with DFARS PGI 206.302-1(d), exchanges with industry before receipt of proposals. The intent of the RFI is to garner responses (particularly small business responses) to provide solutions that would mitigate the sole source. This could have come in the form of respondents showing a new processor; however, it would have had to address how the product would not incur additional costs laid out in paragraph five. The posted RFI / Sources Sought announcement, which closed on 24 July 2023, yielded no responses. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Intel Corporation to provide the required supplies.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

As reasons set forth in Paragraph 5, NSWC-CR Code 0234 has no plans at this time to compete future contracts for the types of supplies/service covered by this document. If another potential source emerges, NSWC-CR Code 0234 will assess whether competition for future requirements is feasible. While this document does limit the procurement to only one product, it does not limit the sources that can provide the product.

As this is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(S-70)(ii).

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

APPROVAL

Upon the basis of the above justification, I hereby approve, as the Competition Advocate, 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. 3204(a)(5).