Redacted_J&A_.pdf

J&A # 6.302-1-18LN02

SMALL BUSINESS INNOVATION RESEARCH (SBIR) PHASE III

JUSTIFICATION & APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

Department of the Navy, Naval Research Laboratory, 4555 Overlook Avenue, SW, Washington, DC 20375-5000

2. Nature/Description of Action(s) Being Approved.

This is a justification to award a Small Business Innovation Research (SBIR) Phase III Contract to Beam-Wave Research, Inc.

Beam-Wave Research, Inc. was awarded SBIR Phase I N00024-12-P-4047 on 6/5/2012, resulting from DoD 2012.1 SBIR Solicitation, Topic # N121-046: Spatially-Distributed Electron

Beam Technology for Millimeter-Wave Amplifiers. Beam-Wave Research, Inc. was subsequently awarded SBIR Phase II N00024-14-C-4068 on 2/11/2014.

3. Description of Supplies/Services.

The Navy needs compact, high-power, broad bandwidth amplifiers for new electronic warfare and high-power microwave systems to counter the rapidly improving technology being implemented by our adversaries. One of the most important areas of research within NRL Code

6850 is to develop new concepts, components, and fully integrated amplifiers that are suitable for next generation electronic warfare, radar, and directed energy systems. The multiple beam technology developed by Beam-Wave Research, Inc. (BWR) under the referenced SBIR program holds great promise for significantly advancing the state of the art technology in such amplifiers. This contract will extend the work performed by BWR for the SBIR contract by designing and implementing modifications to the multiple beam electron gun they demonstrated to make it compatible with a more compact magnetic focusing system (e.g., periodic magnetic focusing) and/or new interaction circuits. BWR will work with an established vendor to fabricate and test a new amplifier incorporating all these enhancements. The design updates under this contract will advance the state of the art technology both in improved performance and in more reliable and efficient manufacturability. The total cost of this effort, for the base and option periods of performance, is estimated to be $3.25M.

4. Identification of Statutory Authority.

10 U.S.C. 2304(c)(5), as implemented by FAR 6.302-5: Authorized or Required by Statute.

15 U.S.C. 638(r)(1) states:

“In the case of a small business concern that is awarded a funding agreement for Phase II of an

SBIR or STTR program, a Federal agency may enter into a Phase III agreement with that business concern for additional work to be performed during or after the Phase II period.”

Furthermore, 15 U.S.C. 638(r)(4) states:

“To the greatest extent practicable, Federal agencies and Federal prime Contractors shall issue

Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology.”

5. Demonstration that Proposed Contractor’s Unique Qualifications or Nature of Acquisition

Requires Use of Authority Cited.

The nature of the acquisition requires the use of the authority cited. The SBIR/STTR Programs are structured in three phases. Phase I (project feasibility) determines the scientific, technical and commercial merit and feasibility of the ideas submitted. Phase II (project development to prototype) is the major research and development effort, funding the prototyping and demonstration of the most promising Phase I projects. Phase III (commercialization) is the ultimate goal of the SBIR/STTR Programs. Because the Phase III work derives from, extends, or completes efforts performed under Phase I and Phase II, use of the authority cited is required.

6. Description of Efforts Made to Ensure Offerors Were Solicited from as Many Potential

Sources as Practicable/ Public Notification through Government Point of Entry (GPE).

As described above, only BWR is being considered for Phase III award due to the nature of the acquisition. In accordance with FAR 5.202(a)(7), this proposed contract action does not require public notification to the GPE.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine prior to award that the negotiated price of the Contract executed under this justification is fair and reasonable pursuant to FAR Subpart 15.4. This determination will be documented in the Business Clearance Memorandum, which will be included in the contract file.

8. Description of Market Research or Statement of the Reason Market Research was not

Conducted.

FAR 10.001(a)(2) indicates that market research appropriate to the circumstances must be conducted. SBIR Phase III procurements are such that traditional market research to identify alternative sources is generally unnecessary. As described above, the Phase III work derives from, extends, or completes efforts performed under Phase I and Phase II.

9. Any Other Supporting Facts.

Not applicable.

10. Listing of Interested Sources.

Not applicable.

11. Actions Taken to Remove Barriers to Future Competition.

The Contracting Officer anticipates that competitors will enter the market once the product is commercialized. It is likely that future acquisitions will be competed using full and open competition and commercial item acquisition procedures. The Contracting Officer is not aware of any specific actions that would further remove barriers to competition.

12. Period of Performance.

Base: One year (12 months)

Option(s): Three 1-year (12 month) options.

13. Total Estimated Dollar Value of the Acquisition Covered by this J&A, with Funding

Specified by Year and Appropriation.

The total estimated value of this acquisition is $3.25M. RDT&E funding is anticipated to be allocated as follows:

Estimated Dollar Value

FY19 FY20 FY21 FY22 Total

RDT&E $811,881 $799,456 $803,448 $814,126 $3,228,911

Total $811,881 $799,456 $803,448 $814,126 $3,228,911

14. Actions Attempted to Make Immediate Acquisition Competitive and Cost/Benefit Analysis

No actions were attempted to make the immediate acquisition competitive; no cost/benefit analysis was performed. As described above, only Beam-Wave Research, Inc. is being considered for Phase III award due to the nature of the acquisition.

CERTIFICATIONS AND APPROVAL

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED BY 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 documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Signature 202-404-4975 08/22/2018

Printed Name: John Pasour Code: 6850 Telephone No. Date

Research Physicist

Title

REQUIREMENTS COGNIZANCE:

Signature 202-404-4975 08/22/2018

Printed Name: John Pasour Code: 6850 Telephone No. Date

Research Physicist

Title

LEGAL SUFFICIENCY REVIEW:

I have determined that this Justification is legally sufficient.

Signature LEGAL 202-767-7608 08/31/2018

Printed Name: Code: Telephone No. Date

CONTRACTING OFFICER'S CERTIFICATION REQUIRED BY FAR 6.303-2(b)(12):

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

Signature CONTRACTS 202-767-XXXX 09/06/2018

Printed Name: Code: 3240 Telephone No. Date

COMPETITION ADVOCATE APPROVAL REQUIRED BY FAR 6.304(a)(2):

Upon the basis of the following justification, I hereby approve, as Procuring Activity

Competition Advocate for the Naval Research Laboratory, Code 3200, Contracting Division, the use of other than full and open competition for the proposed procurement described herein, pursuant to the authority of 10 U.S.C. 2304(c)(5).

Signature 202-767-9399 09/06/2018

Printed Name: CDR Glenn A. Wright, SC, USN (Acting) Code: 3200

Telephone No. Date

All questions regarding this justification are to be referred to Jamie Newman, Naval Research

Laboratory, Code 3240, 202-767-2974, Jamie.Newman@nrl.navy.mil.