N00178_230152.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

IN REPLY REFER TO

J&A Number: DN-23-0152

Code:

P.R. Number: N0017823PC617

JUSTIFICATION AND APPROVAL

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Dahlgren Division (NSWCDD), Contracts Department

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a sole source basis to upgrade The Naval Ordnance Transient Electromagnetic Simulator (NOTES) capabilities to from Applied Physical Electronics, L.C., (APELC), 19510 State Highway 71W, Spicewood, Texas 78669-6148.

3. Description of Supplies/Services

The proposed requirement is for upgrade to the High Altitude Electromagnetic Pulse (HEMP) Threat Simulator

NCH 53.6-2

The period of performance is 24 months; one 12-month base period with an optional 12-month period. The Government's minimum needs have been verified by the certifying technical and requirements personnel.

The estimated cost of the proposed contract action is

. Fiscal Year 2023 Research, Development, Test and Evaluation (RDT&E) funds will be used to purchase these services.

4. Statutory Authority Permitting Other Than Full and Open Competition

41 U.S.C. 1901 as implemented in FAR Subpart 13.5.

5. Rationale Justifying Use of Cited Statutory Authority

The Commission to Assess the Threat to the United States from EMP Attack (the EMP Commission) was established by Public Law 106- 398, Title XIV.

Furthermore, APELC owns the proprietary rights to the Marx generators

NCH 53.6-2

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

Continuing informal market surveys through internet search engines, telephone conversations, discussions with other agencies, and every other potential resources indicate that there are still no other sources or vendors able to meet all of the current tasking requirements. Furthermore, the Government has had technology interchange conversations with other Government entities

. We have not identified any and its aggressive turnaround time without a significant amount of downtime. Additionally, a request for information was posted in 2022. Capability statements were received by several companies; however, only the statement from APELC demonstrated an ability for the Government to leverage a previously developed technology concept, methods and hardware designs and a system that reduced greenhouse emissions, offering the ability to benefit from recent Government investments reducing the duplication of costs. The Government has put forth a significant investment in the required testing capabilities.

Leveraging the existing concept and technologies plan developed for the will reduce rework, improve implementation timelines and test schedules saving the Government approximately $9M and 3 years of time. The lead time for another source to become familiar with the current capabilities being used by , re-develop and design a concept and technology plan would increase cost as well as impede the ability to complete this requirement in 24 months.

The NSWCDD has no plans at this time to compete future contracts for the types of supplies/services covered by this document due to the proprietary nature of this procurement. If a future requirement should arise, reappraisal will take place to determine whether competition is feasible. If another potential source emerges, NSWCDD will assess whether competition for future requirements is feasible.

The proposed contract was synopsized on the SAM.gov website on 27 June 2023. Only APELC expressed interest in this requirement.

No additional market research was conducted because it is not