Redacted_J A_N00178-15-C-4655.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

IN REPLY REFER TO

DL 13365

N00178-15-C-4655 04 September 2015

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

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a sole source basis for critical e g r manufactured by Kongsberg Gallium LTD.

3. Description of Supplies/Services

Kongsberg Gallium LTD will be providing software that will be a total of 56 InterMAPhics Runtime Licenses which includes:

InterMAPhics Runtime License, InterMAPhics Program Support and Maintenance, and Technical Support Hotline, part number IMWRT5, 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) -Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

The software must be compatible in all aspects (form, fit and function) with existing systems presently installed. Since CIAT will be leveraging Baseline 9 tactical program loads and the identified software is required for Baseline 9 tactical ADS, the use of another brand would require significant redesign of hardware, software, and system architecture. The redesign would result in substantial cost, estimated at $2,000,000.00, to the government in testing, training, and development while causing unacceptable delays in program schedule and the fielding of the system. Kongsberg Gallium LTD is the Original Equipment Manufacturer (OEM) of this software. A patent, copy right or proprietary data limits competition. This software and support is proprietary to the OEM.

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

Market resear~h conducted included the following: 1) Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements; 2) Reviewing the results of recent market research undertaken to meet similar or identical requirements; 3) Querying Government data bases that provide information relevant to agency acquisitions; 4) Participating in interactive, on-line communication among industry, acquisition personnel, and customers; 5) Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources; and 6) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line.

As a result of the above market research and the review of the manufacturer's compatibility and system specifications, it was revealed that this product would be the only solution compatible with the production suite.

The Sources Sought was posted and the proposed announcement was posted on the Federal Business Opportunities (FEDBIZOPPS) website and only Kongsberg Gallium Ltd. expressed an interest in this requirement. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Kongsberg Gallium LTD to proyide the required software and support.

7. Determination of Fair and Reasonable Costs

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

8. Actions to Remove Barriers to Competition

Based on the OPNAV direction additional procurements of Gallium components are possible These procurements would take place in FY16 based on the light-off of each shore based trainer concentration area. If it is determined that the Gallium software is needed, additional market research will be conducted to ensure additional sources have not arisen. For the reasons set forth in Paragraph 5, Dahlgren Contract Division has no plans at this time to compete future contracts for the type of equipment covered by this document. If another potential source emerges, Dahlgren Contract Division will assess whether competition for future requirements is feasible.

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 data, are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

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 knowled belief.

026, Phone No., Date