Point_J A_Redacted___13R2005.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

JUSTIFICATION AND APPROVAL

IN REPLY REFER TO

J&A DL12376.1

CS40-06

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

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

2. Description of the Action Being Approved

This justification is for a two year extension to the Indefinite Delivery/ Indefinite Quantity, cost-plus-fixed-fee type contract awarded on 27 September 2005 on a sole source basis to Exelis Inc. (formerly ITT RRAS, formerly EDO RSS, formerly Condor Systems, formerly Watkins Johnson) for acquisition support, life cycle maintenance, test and delivery for carrier, amphibious, frigate and non-Aegis Combat Direction Systems, Advance Sensor Distribution Systems and other software intensive Combat Control Electronic Warfare (EW) Systems, and Signal Intelligence (SIGINT) i.e., Electronic Intelligence (ELINT), Communications Intelligence (COMINT) Systems.

3. Description of Supplies/Services

This requirement supports the Combat Direction Systems Activity (CDSA), Dam Neck tasking to provide engineering support for the related ELINT, COMINT, and EW equipment systems, subsystems, components, programs and their peripherals and auxiliaries. Naval Surface Warfare Center, Dahlgren Division, Zl7, provides the services necessary to support CDSA, Dam Neck in its execution of ELINT and EW assigned tasking. The contractor shall continue to provide support for software and hardware products as well as analysis, engineering, and technical services through all phases of the equipment's life cycle support. These services include development of solutions to obsolete components, technology development, system groom and audits, design, specification development, test and evaluation, certification, operation, overhaul, restoration, maintenance improvement, modernization, and field technical support to meet Navy requirements with Navy acceptance.

The period of performance for this contract will be extended for an additional two years. The original J&A was approved with an estimated value of $9.8M. To date, the awarded Delivery Orders $3.9M has been expended with a remaining balance of $5.9M.

J&A DL12376.1

4. Statutory Authority Permitting Other Than Full and Open Competition

This justification is based upon 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

Exelis is the sole designer, developer, and producer of the AN/USQ-149 Family, and the Radar Narrow Band (RNB) portion of the AN/BLQ-10, which contains CLUSTER SNOOP core units. This puts them in the unique position of being the original equipment manufacturer (OEM) of these Electronic Warfare systems and equipment. Being the OEM gives Exelis the program knowledge, tooling, technical expertise, test capability, and data rights for these systems and equipment.

"An alternate performer would incur substantial cost related to staff training/start-up time on the hardware, software, and associated process. An alternate performer would also have to procure the data rights or obtain the services of Exelis to deliver many of the services and supplies due to its unique capabilities and data rights, thus incurring additional costs. The cost just to procure the data rights or obtain services of Exelis would be estimated at a minimum of $10M, if Exelis would consider selling the date rights at all. Exelis has invested approximately $17M for design, development, and production of this software and hardware. The CLUSTER SNOOP Baseline Software involves Signal processor and HMI Software which is used to interface with the AN/USQ-149 Family, and the Radar Narrow Band (RNB) portion of the AN/BLQ-10, which contains CLUSTER SNOOP core units. Exelis uses a single baseline code (by turning on and off unique capabilities) to interface with various systems within the AN/USQ-149 Family.

The requested extension is necessary for Z Department to provide the services necessary to support CDSA, Dam Neck in its execution of ELINT, COMINT and EW assigned tasking. This extension will allow Z Department sufficient time to refine this acquisition package and submit timely notification to Industry. If the extension is not approved, z Department will not be able to provide CDSA with the services necessary for engineering support for related ELINT, COMINT, and EW equipment systems, subsystems, components, programs, and their peripherals and auxiliaries. There is no other existing contract or order that can·be used to provide this support.

To continue using the existing contract until a follow-on contract can be awarded is in the Government's best interest. The existing order provides qualified staff and technical capability; the total fee rate for this current labor CLIN is 8.25%. This rate will be used in the extension. /

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

Market research was not accomplished, as it is known that there are no other firms capable of providing this support. EDO-RSS is the sole designer, developer, and producer of the systems associated with the current SOW and providing the same level and type of service that has been performed since contract award. No other source expressed an interest in this requirement, neither when the proposed contract was originally synopsized via posting on the Federal Business Opportunities (FEDBIZOPPS) website on 23 December 2004 in accordance with FAR 5.201.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services 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, the Naval Surface Warfare Center, Dahlgren Division has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, the Naval Surface Warfare Center, Dahlgren Division will assess whether competition for future requirements is feasible.

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 an acquisition plan was not required per DFAR 207.103(d) (i) (B), except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW:

I have determined that this justification is legally sufficient.

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.

APPROVAL BLOCK (FAR 6.304(a) (3):

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 described herein using other than full and open competition, pursuant to the authority of 10.U.S.C. 2304(c) (1).

DESIGNEE OF THE HEAD OF THE PROCURING ACTIVITY