N00174_FY20_APR08_33_Redacted.pdf

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 5/18)

J&A Number:FY20-APR08-33

Code:026

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea System Command (NAVSEA), Naval Surface Warfare

Center (NSWC), Indian Head Explosive Ordnance Disposal

Technology Division (IHEODTD) Indian Head, Maryland, 20640.

2. Description of the Action Being Approved

Award of an Indefinite-delivery Indefinite-quantity (IDIQ) contract for a 12 month base period and four 12 month option periods on a sole source basis to Peraton, 12975 Worldgate

Drive, Herndon, VA 20170-6008 to support production and depot support of the Counter Radio Controlled Improvised Explosive

Device Electronic Warfare (CREW) man-portable hardware for the

Joint Service Explosive Ordnance Disposal (JSEOD) forces. This will be a follow on contract to the original AN/PLT-4 contract

N00174-11-D-0002, J&A 07-1004.

3. Description of Supplies/Services

This action is to fulfill a requirement to provide man-portable equipment and support for the JSEOD Counter Radio-Controlled

Improvised Explosive Device (RCIED) Electronic Warfare (CREW) program. The JSEOD CREW program provides all military EOD services with an electric warfare capability to counter the threat from Improvised Explosive Devices (IEDs). The JSEOD CREW systems protect EOD forces for all services. This action is four-fold:

1. Procure AN/PLT-4 systems, spares kits, and consumables, as needed;

2. Provide post-production maintenance support of the AN/PLT-

4 system;

3. Provide post-production maintenance support of the Legacy

J&A Number: FY20-APR08-33

Channel CREW systems, and;

4. Provide Project Management, Engineering, Configuration Management and Depot Services of both the AN/PLT-4 and

Legacy Channel systems.

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

1. AN/PLT-4 Procurement

Estimated Cost: $3.190 million

a. AN/PLT-4 Systems

b. Spares Kits

c. Depot Level Repair Parts (DLRPs)

d. Consumables

2. AN/PLT-4 and Legacy Channel Post-Production Maintenance Support

Estimated Cost: $2.480 million

a. Depot Level (D-Level) Services

b. Project Management Services

c. Configuration Management Services

d. Engineering Support Services

The contract period is estimated from FY21-FY25.

Base Year

FY21

OPT YR1

FY22

OPT YR2

FY23

OPT YR3

FY24

OPT YR 4

FY25

Totals

O&MN $1,150,305 $1,155,919 $1,115,400 $1,121,253 $1,127,228 $5,670,104

4. Statutory Authority Permitting Other Than Full and Open

Competition

This acquisition is being conducted under the authority of 10

U.S.C. 2304(c)(1) as implemented by FAR 6.302-1. Only One

Responsible Source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

Peraton currently manages and produces the AN/PLT-4 system, and

Legacy Channel systems, which have been fielded for over 10 years via contract N00174-11-D-0002, J&A 07-1004.

Pursuant to FAR 6.302-1(a)(ii), supplies may be deemed to be available only from the original source in the case of a follow-on contract for highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in either substantial duplication of cost to the Government that is not expected to be covered through competition, or unacceptable delays in fulfilling the agency’s requirements. The Technical Data Package (TDP) is owned by

Peraton and the Government tried to analyze cost to procure the data rights to the systems, however it could not be determined due to the nature of the contract and the maturity of the systems. Both these CREW systems are close to the end of their system life cycles, therefore it is not in the Government’s best interest to purchase the data rights for such a limited time. It is projected that a competitive procurement could take up to a year to conduct which would not meet the Government’s required timeline. It is in the best interest of the Government to sole source to Peraton for this limited time.

Due to the criticality of the system and their worldwide deployment, it is imperative that the systems are repaired as quickly as possible and returned to the users. Peraton’s experience with these systems allows them to achieve a turnaround time that would not be feasible with another contractor. To allow for another contractor to perform this effort would severely impact support of these systems. The most cost-effective approach is to maintain support with the Original

Equipment Manufacture (OEM) for the duration of life for the

AN/PLT-4 system and for the Legacy Channel systems, which is expected to end in 2025.

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

Offerors as Practicable

A Sources Sought notice was posted on January 3, 2020 to the beta.SAM website to satisfy requirements for Defense Acquisition

Regulation Supplement 206.302-1(d). No responses were received.

The proposed contract was synopsized on the Government’s Point of

Entry (GPE) Beta.SAM website, on 22 April 2020. There were no expressions of interest.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the supplies/services covered by the J&A will be fair and reasonable prior to contract award. This analysis will be conducted using price and cost analysis techniques as provided in FAR part 15.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC IHEODTD has no plans at this time to compete future contracts for the types of supplies/services covered in this document. This contract will serve to enable continued support of the AN/PLT-4 until it can be demilitarized or transitioned to another dismounted EOD system.

9. Other Facts Supporting the Use of Other Than Full and Open

Competition

Electronic warfare is a very specialized field with no non-military (commercial) use for the technology. Nationally, there are only a handful of contractors that exist. Providing this specific capability to U.S forces is critical for force protection measures against multiple variants of Improvised

Explosive Device (IED) threats. Changing to another contractor would insert significant delay in providing support to users in the form of repairing fielded systems and providing technical assistance. This delay would increase life-safety risks for the users.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (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 data, including Acquisition Plan No. _N/A , except as noted herein, are complete and accurate to the best of my knowledge and belief.

REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90))

I have determined this justification is legally sufficient.

TECHNICAL COGNIZANCE:

Signature Name (Print) and Title (Code) Phone No. Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

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

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity, the 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. 2304(c)(1).

Competition Advocate for the Procuring Activity

Signature Name (Print) Date

5/18/2020