N0016426D0008_Non-Comp_Justification_Redacted.pdf
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- Solicitation number
- N0016426D0008
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This is a Justification and Approval (J&A) document for use of other than full and open competition issued by the Naval Surface Warfare Center, Crane Division.
The Naval Surface Warfare Center, Crane Division (Code 0253) seeks to procure Enhanced Clip-On Thermal Imager (ECOTI) versions one and two, along with spare components and repair services, from SAFRAN Optics One in support of the United States Special Operations Command's Vulnerable Operations and Naval Special Warfare Special Projects Visual Augmentation System Program. The procurement is structured as a firm fixed-price, five-year indefinite-quantity contract on an other than full and open competition basis. The ECOTI is a device designed to clip directly onto traditional image-intensified night vision devices without altering existing hardware and overlays real-time thermal signatures onto night vision images, enabling users to detect heat sources in total darkness or heavy foliage. The estimated total value for fiscal years 2026-2030 is not disclosed in this document due to redactions; the funding breakdown by appropriation and procurement type is similarly redacted. The contracting activity determined the anticipated cost to be fair and reasonable.
The justification for non-competitive procurement cites SAFRAN Optics One's proprietary rights to the ECOTI design and manufacturing data, its refusal to provide a technical data package for re-engineering, and the sole-source provision of components and repair services. The systems have been operationally utilized for over nine years and extensively tested and qualified for classified missions, with qualification testing including drop, salt/fog, shock/vibration, immersion, electromagnetic interference capability assessments, and extensive user training. The document emphasizes that procuring an alternative system would necessitate duplicating these qualification costs without recouping them through competition, and that a transition period would leave operators without critical capability. Due to national security concerns involving visual augmentation systems and the sensitive nature of associated missions, the procurement will utilize a combined synopsis/solicitation without a standalone synopsis and will not be posted to the Government Point of Entry, invoking FAR exemptions at 5.101(b)(ii) and 5.201(b)(1) to prevent disclosure of agency needs that would compromise national security.
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J&A CR-26518
4. Statutory Authority Permitting Other Than Full and Open Competition.
41 U.S.C. 1901
5. Rationale Justifying Use of Cited Statutory Authority.
The Original Equipment Manufacturer (OEM), SAFRAN Optics-1, has proprietary rights to data, design, and manufacturing of ECOTI FoS and is not willing to provide the Government with a technical data package in order to obtain specifications or re-engineer the system. The materials (ECOTI systems and the spares/repair parts) procured as well as services (TT&E and/or repairs) are solely provided by the OEM, thus purchase of components from another source would require extensive qualification, design, and testing to ensure compatibility.
The ECOTI systems are utilized by operators in support of classified missions. These ECOTI systems have been utilized by these operators for over nine (9) years and have been tested and qualified for use. This testing and qualification consisted of drop, salt/fog, shock/vibe immersion, electromagnetic, interference capability and exhaustive hours of user training which totals over in costs and took to complete. If the Government were to procure a different system it would need to duplicate these tests to qualify it. These costs would not include the costs to procure the new systems nor would they be recouped via competition. Additionally, in the interim period before a new system is developed, operators would not be able to repair or replace the aging systems. This would leave operators without a key capability that provide a detriment beyond cost or schedule.
For the above reasons of meeting mission-critical capability requirements and sustainment of these capabilities, the ECOTI systems and the supporting hardware and services from SAFRAN Optics 1 are the only source of supply and services that meet immediate capability requirements and sustainment of these capabilities, and no other source can provide suitable supplies and services to meet these requirements.
6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.
This action will utilize a combined synopsis/solicitation in accordance with FAR 12.202(b) and therefore will not have a standalone synopsis. Synopsis of the proposed action is not required under the exception of FAR 5.101(b)(ii), which states that the synopsis cannot be worded to preclude disclosure of an agency’s needs and such disclosure would compromise security .
The associated acquisition will not provide a pre-solicitation notice, nor will it be solicited in the Government Point of Entry. FAR 5.101(b)(ii) states that the Contracting Officer is exempt from a pre-solicitation notice when the proposed contract action is of such a nature that it is not possible to write the notice in a way that would prevent disclosure of an agency’s needs and disclosure would compromise national security. Furthermore, in accordance with FAR 5.201(b)(1) the contracting officer does not need to post the solicitation to the GPE if a pre-solicitation notice for the proposed contract action as not required based on an exemption at 5.101(b).
J&A CR-26518
Based on the sensitivity of the mission’s actions under this J&A support, adversaries may be able to associate the procurements with missions and hinder operations. This could be severely detrimental to current and future operations and is addressed in the applicable SCG(s), and the Contracting Officer has certified the exemption.
The Government must ensure individuals without a “need-to-know” do not gain access to equipment capability information. National Security issues involving Visual Augmentation Systems must not be divulged in a way that jeopardizes the lives of U.S. personnel. In order to safeguard the security of U.S. Personnel and these missions it is required that a synopsis of proposed contraction actions, release of solicitations, and specifications be restricted.
7. Determination of Fair and Reasonable Cost.
The Contracting Officer has determined the anticipated cost to the Government of the supplies and services covered by this J&A will be fair and reasonable.
8. Actions to Remove Barriers to Future Competition.
For the reasons set forth in Paragraph five (5), NSWC Crane has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWC Crane will assess whether competition for future requirements is feasible.
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