N0017426D1010 N0017426D1008 Redacted JA.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

J&A Number: FY25-JUL01-39 Code: 026

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

The Naval Sea Systems Command (NAVSEA), Naval Surface Warfare Center Indian Head Division (NSWC IHD), Contracts Office Code 026.

2. Description of the Action Being Approved

This action will be a multiple award of two Indefinite Delivery Indefinite Quantity (IDIQ) contracts to HDT Global (HDT) and Design West Technologies, Inc. (DWT)for M98 Filters.

Authority to act under this class justification expires on 31 May 2031.

The two contractors for this effort are:

HDT GLOBAL

HDT EXPEDITIONARY SYSTEMS, INC.

30500 AURORA RD STE 100

SOLON, OH 44139-2776

DESIGN WEST TECHNOLOGIES INC.

2701 DOW AVE

TUSTIN, CA 92780-7209

3. Description of Supplies/Services

NSWC IHD code W16, Chemical, Biological and Radiological Defense (CBRD) Systems Readiness Branch’s Collective Protection Program requires extensive use of the M98 filter. All projects utilizing the M98 filters are within the NAVSEA Collective Protection Systems (CPS) Acquisition Engineering Agent (AEA) and Fixed Site Protection Portfolio.

An M98 Chemical, Biological, Radiological, and Nuclear (CBRN) Filter Set removes toxic gases and particulates to provide purified air for mobile shelters, vehicles, and shipboard CPS. The M98 filter set is ideal for all medium airflow requirements and can also be applied to higher airflow applications such as building protection. M98 filter sets are built in accordance with Military Performance Specification (MIL PRF) requirements and tested to provide protection from a variety of known CBRN agents.

The CPS Acquisition Engineering Agent (AEA) is tasked by the Navy CBR-D Technical Warrant to manage sustainment of the CPS systems in the US Navy fleet. That includes all ships that have CPS systems and as a result, use M98 filters. The Fixed Site Protection Portfolio incorporates various DoD customers that require CBR-D protection of extremely critical facilities.

Customers include

Subject matter experts have determined that a maximum of total M98 CBRN Filter Sets will be required over the five-year ordering period The total net cost of this proposed contract action is estimated to be .

Estimated Dollar Value

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

4. Statutory Authority Permitting Other Than Full and Open Competition

This acquisition is being conducted under the authority of 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1. A limited number of responsible sources and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

HDT and DWT have both gone through M98 filter First Article Testing (FAT) and are the only qualified sources for M98 filters.

FAT is required when the contractor has not previously furnished the product to the government, or when the contractor has furnished a product to the government, but there have been subsequent changes in processes or specifications, production has been discontinued for an extended period of time, or if the product acquired under a previous contract developed a problem during its life. Both HDT and DWT have been manufacturing filters for NSWC IHD / NAVSEA for the past five years and thus FAT is not required for these sources. Non-US sources may not be considered for this requirement because the M98 filters are export-controlled by International Traffic in Arms Regulations (ITAR).

Subject matter experts(SME’s) from the Navy, Army, and Joint Program Managers Office (JPMO) for Collective Protection have assessed the filter FAT process and estimate that it would cost upwards of $500K and take more than 18 months to complete. The SME’s further advised that the Collective protection systems are mission-critical infrastructure and the considerable lead times associated with FAT compliance efforts - and possible failure - of new vendors would pose untenable mission risk.

The Navy, Army, and JPMO engineers and scientists consulted for this requirement carefully evaluated the potential for accepting sources outside of HDT and DWT, and all concluded that the additional costs and considerable time delays together present too great a risk to mission success. The lead times alone would delay material procurement and filter installations, ultimately creating severe fleet and warfighter vulnerabilities. CPS constitute mission-critical infrastructure and the presented lead time risks would be unacceptable.

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

A Sources Sought notice was posted to the System for Award Management (SAM.gov) to satisfy requirements for Defense Federal Acquisition Regulation Supplement PGI 206.302-1(d). The notice was posted on 3 January 2024 and closed on 18 January 2024. DWT responded to the posted notice with their capabilities statement.

It was determined that the capabilities statement continues to satisfy NSWC IHD requirements.

The proposed contract actions were synopsized on SAM.gov on 31 May 2024. No responses were received. To date, no other companies have expressed interest in becoming qualified to compete for items to be acquired under the proposed contracts.

7. Determination of Fair and Reasonable Costs

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

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC IHD Contracts Department has no plans at this time to compete future contracts for the types of supplies covered by this document. If another potential source emerges, NSWC IHD Contracts Department will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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.

APPROVAL

Upon the basis of the above justification, I hereby approve, as Designee of the Head of the Procuring 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. 3204(a)(1).

Mr. Ashley Johnson Date Technical Director Naval Surface Warfare Center Indian Head Division (NSWC IHD)