SBIR J&A - N0017320C2006.pdf

DEPARTMENT OF THE NA VY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK A VE SW

WASHINGTON, DC 20375-5320

REPLY REFER TO:

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J&A No.: J&A6.302-5-19-ST17 23 July 2019

ANNEX 13 - SMALL BUSINESS INNOVATION RESEARCH (SBIR) PHASE III

JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

I. Agency and Contracting Activity.

Department of the Navy, Naval Research Laboratory.

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

This is a justification to award a Small Business Innovation Research (SBIR) Phase III contract to Muons, Inc.

Muons, Inc. was awarded a Department of Energy (DOE) SBIR Phase I contract in 2009 (DE SC0002766), modified for Phase II in 2010, for research on a tunable, phase locked magnetron.

Muons was awarded Patent# US 8624496B2, Phase and Frequency Locked Magnetron, on 1/7/2014, for the approach developed under this SBIR contract. Subsequently, Muons was awarded a Phase I DOE contract entitled "A Novel Injection-locked Amplitude-modulated Magnetron at 1497 MHz" in 2015 under solicitation DE-FOA-0001164, Topic 24b (Nuclear Physics Accelerator Technology), with a Phase II following in 2016 ( contract DE-SC- 00013203). The latter award significantly expanded the capabilities of the first.

3. Description of Supplies/Services.

The Navy needs compact, high-power, inexpensive amplifiers for new electronic warfare and high-power microwave systems to counter the rapidly improving technology being implemented by our adversaries. One of the new initiatives being fostered by ONR is to develop a compact, light-weight, inexpensive magnetron that can be placed on very small platforms or potentially arranged in a larger phased array. These applications require both tunability and phase locking of the magnetrons, which conventional magnetrons do not have. The. magnetron technology developed by Muons, under Phase I and II DOE SBIR programs (DE-SC0002766 and DE SCOOO 13203), some of which has been patented (US 8624496B2), fiolds great promise for significantly advancing the state of the art in such devices. This contract will combine and extend the work performed by Muons, for the SBIR contracts, by designing and implementing modifications to the tuning and phase locking techniques they demonstrated, to make them compatible with a more compact and rugged system, thereby greatly enhancing the

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commercialization opportunity for their technology. Muons will work with an established vendor, Altair Technologies, to fabricate and test a new magnetron, incorporating all these enhancements. Altair has served as the fabrication partner for Muons in their previous magnetron development projects. The updated designs developed under this contract will advance the state of the art both in improved performance and in more reliable and efficient manufacturability.

4. Identification of Statutory Authority.

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304( c )(5), as implemented by FAR 6.302-5: Authorized or Required by Statute.

Specifically, 15 U.S.C. 638(r)(l) 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:

'l:

"To the greatest extent practicable, Federal agencies and Federa~ n¥ipe contractors shall issue Phase III awards relating to technology, including sole source awaids·,'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 SBIRJSTTR 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, fundini/ttlb'prototyping and demonstration of the most promising Phase I projects. Phase III (criinmercialization) is the ultimate goal of the SBIRJSTTR 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' PoWNo:fEntry (GPE).

• \;:;;d:, As described above, only Muons, Inc. 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 ~~g6tiat~d price of the contract executed under this justification is fair and reasonable pursuant t6·ffYR Subpart 15.4. This

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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 ofinterested 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

Option(s): One 1-year option.

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 . RDT &E funding is anticipated to be allocated as follows:

RDT&E

Total

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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 Muons, Inc. is being considered for Phase III award due to the nature of the acquisition.

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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:

Research Physicist

REQUIREMENTS COGNIZANCE:

Research Physicist

LEGAL SUFFICIENCY REVIEW:

I have determined that this Justification is legally sufficient.

Name Code Phone 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.

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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 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 authori of 10 U.S.C. 2304(c)(5).

All questions regarding this justification are to be referred to Todd Schwartz, Naval Research Laboratory, Code 3240, 202-404-2398, todd.schwruiz@nrl.navy.mil.

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