N00174-15-0117originalBeakers_Redacted.pdf

“SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104”

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD EXPLOSIVE ORDNANCE DISPOSAL TECHNOLOGY DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

Contracts Department - Form 13 (Rev 08/13)

J&A Number:15-0117

Code: 022

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, NSWC Indian Head Explosive

Ordnance Disposal Technology Division, Contracts Department

Code 022. This requirement is in support of the M department.

2. Description of the Action Being Approved

Award a firm fixed price (FFP) contract to Laminated

Material Corporation to support the SR121-NP-2 program to the ARMY. The proposed contract action is for the purchase of Beakers from:

Laminated Material Corporation

Attn: Dan Coughlin

625 W INKS LANE

BENSALEM PA 19020-5922

3. Description of Supplies/Services

The Naval Surface Warfare Center Indian Head Explosive

Ordnance Disposal Technology Division (NSWC IHEODTD) has a requirement for Beakers meeting all requirements in drawing number These beakers are used in the SR121 Program by the U.S. Army on the MQM 107 target drone for testing various surface-to-air missiles. The total cost of the acquired material will be $161,470.00 which will have a delivery of pieces days after awarding of the contract and the no later than days after award.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

Estimated Dollar Value

FY15 Totals

SCN

OPN

DBOF $161,470.00 $161,470.00

RDT&E

O&MN

FMS

Total $161,470.00 $161,470.00

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C. 2304(c)(2) as implemented by Federal Acquisition

Regulation (FAR) 6.302-2(a)(2): Unusual and Compelling

Urgency.

5. Rationale Justifying Use of Cited Statutory Authority

The SR121-NP-2 is a cartridge loaded rocket motor which is used by the U.S. Army on the MQM 107 target drone for testing various surface-to-air missiles. NSWC IHEODTD received a work order from the U.S. Army in November 2013 to manufacture SR121 Rocket Motors with the first of several deliveries due by

The Beaker is the fiber glass tube part of the rocket motor holding the propellant and is one of the first pieces of hardware that is needed to start the manufacture of the motor. The late procurement and delivery of the Beakers will result in an overdue delivery of motors to the Army.

Searching for capable vendors has delayed the procurement of the Beakers. After multiple attempts to obtain estimates with two market researches that took place 27 March 2014 and 25

April 2014, a sources sought was issued. Although LMC had previously manufactured the same beaker, they initially declined to respond to the market research because previous contracts with the Navy had resulted in very slow payment and

IAW NMCARS 5206.304(a) If the dollar value of the contract is negotiated at a level that exceeds the dollar threshold of the original justification approval authority, a new justification approval shall be obtained from the appropriate approval authority prior to award.

the overall quantity of beakers being procured is very low.

The Beaker is now an urgent item because we sent requests for estimates several times and performed a sources sought without finding a company capable and willing to make the parts at that time. In August 2014, Laminated Material

Corporation (LMC) stated that they would provide a quote. We did not receive one from them until February 2015.

Laminated Material Corporation has previously demonstrated their ability to fabricate this particular item at fair market cost, to the required drawing and deliver on schedule; therefore, Laminated Material Corporation is the only company that can meet the Government’s urgent requirement.

If awarded by 30 March, SR121 program will receive a delivery of beakers at the latest . The first SR121 JATO

Rocket Motors were to be scheduled for delivery to the Army in initially but that schedule will now not be met.

The next milestone discussed with the customer is for the delivery of the first lot which is also at risk because one lot takes 2 months to build.

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

Offerors as Practicable

A sources sought was conducted in August of 2014 and the only response received was from Laminated Material Corp after many requests from the government to respond. No other efforts shall be made at this time to solicit other offers due to the urgency discussed in paragraph 5 above.

7. Determination of Fair and Reasonable Costs

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

8. Actions to Remove Barriers to Competition

NSWC IHEODTD, will continue to monitor the marketplace and will conduct additional market research when the same or similar requirements to this procurement are needed. If research shows that there are other contractors that can provide the required services, a competitive procurement will be issued.

CERTIFICATIONS ON JUSTIFICATIONS AND APPROVALS (J&As) The following signatures for technical/requirements certifications in J&As are required under the stated circumstances.

Dollar Level Signature

Technical Cognizance

>$650K to $85.5M Program Manager (PM), Deputy Program

Manager (DPM), Assistant Program

Manager, or Equivalent

>$85.5M PM, DPM, Equivalent, Deputy

Commander/Executive Director for

Directorate or Flag Officer/SES

Requirements Cognizance

>$650K to $85.5M PM, DPM or Equivalent

>$85.5M, or *2nd bridge Deputy Commander/Executive Director to existing contract for Directorate or Flag Officer/SES

Very Important Notes:

1. If a single individual within the approval authority listed above has cognizance over both technical and requirements information included in the J&A, use of only one signature line is appropriate and therefore should be communicated to the PCO or Contract Specialist prior to their drafting of the

J&A [“Technical Cognizance:” and “Requirements Cognizance:”

should be deleted and replaced with “Combined Technical and

Requirements Cognizance:”.]

2. If anything within the J&A is not in strict accordance with the data and/or information cited in the AP, then the differences must be fully explained in the J&A and have the

Deputy Commander/Executive Director for Directorate or Flag

Officer/SES sign for Requirements Cognizance.

3. For all acquisitions that do not require written APs per DFARS 207.103(d)(i) or when the APs are written so generic as to not address specific acquisitions, the thresholds are $10M development and $25M for production or services to have the

Deputy Commander/Executive Director for Directorate or Flag

Officer/SES sign for Requirements Cognizance.

4. Bridge contracts are defined as sole source actions entered into with the incumbent contractor in order to maintain support when competitive procurement cannot be processed in time to meet the required award date. The following applies to all types of services contracts with the exception of contracts under the cognizance of the Naval Nuclear Propulsion

Program.

a. J&As for all bridge contracts, regardless of value, will include PEO/Directorate Head/Field Activity Commanding

Officer/Technical Director signature under Requirements

Cognizance. Bridge J&As will also include a schedule for award of follow-on competition within Section 8 "Actions to

Remove Barriers to Competition".

b. J&As for all bridge contracts greater than $10M and/or greater than 6 month period of performance, will be forwarded to SEA 00 for notification/review prior to approval by the cognizant SEA 02 SES or DASN (RD&A).

c. J&As for any subsequent bridge contracts (i.e., 2nd, 3rd bridge), regardless of value or period of performance, will be forwarded to SEA 00 for notification/review prior to approval by the cognizant SEA 02 SES or DASN (RD&A). This

J&A must include rationale as to why the schedule in the initial bridge J&A was not achieved.

JUSTIFICATIONS AND APPROVAL (J&A) AUTHORITIES

Dollar Level Signature Authority

Up to $650K Contracting Officer

>$650K to $12.5M Competition Advocate for the Procuring Activity

>$12.5M to $85.5M Designee of the Head of the Procuring Activity (See note.)

Acquisitions over $85.5M Navy Senior Procurement Executive

Very Important Note:

J&As drafted at NAVSEA Headquarters that fall within the Competition

Advocate for the Procuring Activity threshold authority shall be prepared for submittal to the Designee of the Head of the Contracting

Activity and approved by a SEA 02 SES Division Director or SEA 02 IAW

FAR 6.304(a)(2).