13-0057_13-R-0021_J A_Redacted_Approval_at_030413.pdf

“SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104”

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

Procurement Division - Form 13 (Rev 05/12)

J&A Number: 13-0057

Code: A22

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Indian Head Division, Procurement Department, Code A2.

2. Description of the Action Being Approved

Issue sole source contract to National Technical Systems

(NTS), for Engineering and Rapid Response Testing for various programs. The period of performance for this

Indefinite Delivery/Indefinite Quantity (IDIQ) will have a

12 month base and two 12 month options.

National Technical Systems (NTS)

Hwy 274 Bldg. K-5 Blandy Rd.

Camden, AR 71701-7104

3. Description of Supplies/Services

Naval Surface Warfare Center (NSWC) Indian Head Division

(IHD) is tasked to provide engineering services and rapid response testing support for a variety of programs that protect and support the war fighter. These requirements include:

Environmental and Dynamics Testing

Safety and Insensitive Munitions Testing

Fuzing, Sensor, C³I Testing

Transportation and Packaging Safety Testing

Ammunition, Weapons and Munitions Performance

Characterization

Mechanical Function, Fatigue and Cycling Testing

Exploitation Support of Asset Weapons, Equipment and

Munitions

Ammunition, Weapons and Munitions Handling and Storage

It is anticipated that sponsors will provide RDT&E other funding as is appropriate and as it becomes available.

Estimated Dollar Value1

FUNDING: BASE Option 1 Option 2 Total

RDT&E X X X

WPN

O&MN

PAN

Total $4,044,082.19 $4,165,404.65 4,290,366.79 $12,499,853.64

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

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition

Regulation (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

The Government requires engineering services, facilities, ranges and infrastructure for characterizing, testing and documenting the performance of weapons, ammunition, munitions and energetic systems, their components and related systems.

Much of the testing support requires specialized test facilities with the capability to handle live ordnance and fixtures which can accommodate the extreme sizes and weights of the munitions from IHD. There are a limited number of test facilities that are capable of providing the required services. Most of the facilities that can address these requirements are on government installations. There are some privately owned test ranges with limited capabilities that are owned by large munitions developers/manufacturers, primarily for their own internal use.

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.

There are two test facilities that appear to have large scale capabilities, including: Energetic Materials Research and Testing Center, Socorro, New Mexico and UTEC Corp, Riverton, Kansas. However, market research has eliminated these facilities since they are geared more toward explosives: academic research, operations training and mining applications.

NTS maintains large-scale test capabilities that are specifically designed for military explosives testing including that for: the qualification of energetic materials (propellants, explosives and pyrotechnics) and munitions systems, munitions systems performance evaluation and lot acceptance testing. NTS is the only source capable of providing the engineering and rapid test support for military explosives and munitions systems.

NTS testing sites provide testing continuity, whereas other facilities have performed tests that involved extreme atmospheric conditions surrounding the test sites which were not conducive to accurate test results. Test failures have occurred with NSWC Crane Division, which is located in a valley that allows upper level wind shear and thermal gradients. This has resulted in faulty functional tests due to the inadequate topographical layout.

In addition to the favorable topographical layout and atmospheric conditions, NTS has the only facility identified with a well-characterized body of water, which enables the accurate calibration of the shock wave and bubble performance testing.

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

Offerors as Practicable

NSWC IHD engineers and their representatives maintain an intimate knowledge of the capable munitions testing entities through routine review of industry journals, internet web sites and attendance at industry symposia and conferences.

Eight companies that were identified as capable of performing similar work were considered, but none of those companies possessed the unique capabilities required to perform the specialized tests with live ordnance under the unique environmental conditions.

This requirement was synopsized in FEDBIZOPPS on 20

December 2012.

One response was received from Battelle, Inc., on 11

January 2014.

A technical review of vendor capabilities was conducted and determined that Battelle could only fulfill a limited fraction of the test requirements of Naval

Surface Warfare Center, Indian Head Division. Critical deficiencies were noted in the areas of insensitive munition and environmental conditioning tests that are required for final type qualification and hazard classification of large munitions, as well as the performance testing of large munitions.

Contracting Officer response to Battelle concerning technical evaluation results, forwarded 1 February

2013.

As of 21 February 2013, no response has been received from Battelle concerning technical evaluation result response forwarded 1 February 2013.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will make a determination whether the anticipated costs to the Government for the supplies/services covered by the J&A are fair and reasonable in accordance with FAR Sub Part 15.4, prior to award.

8. Actions to Remove Barriers to Competition

NSWC, Indian Head Division, 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 AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

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.

TECHNICAL COGNIZANCE:

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

*REQUIREMENTS COGNIZANCE:

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

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

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90))

I have determined this justification is legally sufficient.

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as

(Competition Advocate for the Contracting Activity) 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 Contracting Activity)

Signature Name (Print) Date

PENNY S. KENNEDY 2/27/2013