FBO_Award_Notice_Redacted_J&A.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: 13989 Code: 026 1300706722

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, Dahlgren Division (NSWCDD), Contracts Department

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a sole source basis for critical equipment to be used by the L Gun & Electric Weapon Systems Department (E), Laser Systems and Analysis Branch (E11), manufactured by IPG Photonics Corporation. Authority to act under this J&A expires 30 September 2018.

3. Description of Supplies/Services

IPG Photonics Corporation will provide a quantity (10) 5KW Continuous Wave Multi-mode Lasers, Chillers and Spare Fiber.

Delivery is required as soon as possible after receipt of the order but not later than 16 weeks after receipt of the order.

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

The estimated cost of the proposed contract action is $1,700,400.00. Fiscal year 2018 Research, Development, Test, and Evaluation, Navy funds will be utilized.

4. Statutory Authority Permitting Other Than Full and Open Competition

41 U.S.C. 1901, Simplified Acquisition Procedures

NCH 53.6-2

5. Rationale Justifying Use of Cited Statutory Authority

The Navy requires a counter intelligence, surveillance, and reconnaissance (ISR) product/laser that is capable of targeting (‘Dazzling’) threats over long distances, land or sea.

For the functionality of the proposed system, there is a requirement for the Laser to propagate at a specific wavelength and power to accomplish the mission. IPG Photonics Corporation is the only manufacturer capable of creating a laser that meets the necessary performance. Currently, no other vendor has the ability to provide a product that matches the performance described below;

Parameter Requirement Wavelength 1070 Nanometers (1.07 microns) Beam Format Single Circular Beam Output Power ≥ 50 Kilowatts Total

Output Stability

≤ 5% variation through continuous and non-continuous run times

Output Format Continuous Wave (CW) or Quasi-Continuous Wave (QCW) Minimum Output Power ≤ 10 % of max power Output Power Tunability Continuous from minimum power to max power Beam Quality Effective Beam Quality (M²) 12 for both axes Continuous Run Time ≥ 4 Hours Rise Time ≤ 200 msec from Idle/Standby to full power Fall Time ≤ 10 msec from full power to no laser output

If another vendor were pursued, it is estimated that this duplicative effort would cost the Government at least $5,889,936.00 in total labor and lost revenue. The estimate includes the $5,187,936.00 in projected labor cost and $702,000.00 of lost revenue from the Laser Range down time anticipated. The labor estimate is based on the fully loaded hourly labor rate ($166.28) for 30 Engineers dedicated full time to ODIN Laser, Gimbal, Mount Integrated Product Teams (IPTs) over 6 months ($166.28 X 30 X 40 X 26). The anticipated cost to shut down the Laser Range is based on the $27,000.00 weekly fee over 6 months (or twenty-six (26) weeks). In addition, this R&D thrust is a component of an area of significant importance for the Chief of Naval Operations (CNO) goal for placing a directed energy weapon system onboard ships. This effort is covered under the Rapid Prototyping Experimentation and Demonstration (RPED) streamlining directive dated 31 July 2017, provided jointly by the CNO and the Assistant Secretary of the Navy (ASN), with delivery required by June 01, 2018 to meet testing schedule requirement goals established.

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

Market research was conducted in the form of a Request for Information (RFI) on 22 July 2015 through NAVSEA PMS 405 seeking capability information and specifying laser requirements, characteristics, environmental requirements, maturity and instructions to responders.

IPG Photonics Corporation was the only respondent. Subject matter experts from the project’s laser beam control and optics team conducted telephone and internet searches, reviewed trade literature, contacted peers in the industry, and used years of experience with similar vendors. While discussing the requirements with knowledgeable individuals in the Government and industry regarding market capabilities to meet requirements, it was determined this was the only solution that could meet the program’s requirements and timeframes. A patent, copy right or proprietary data limits competition. The design is proprietary to the original equipment manufacturer, IPG Photonics Corporation with no authorized resellers available.

The proposed contract was synopsized on the Federal Business Opportunities (FEDBIZOPPS) website on 23 March 2018 and only IPG Photonics Corporation. expressed interest in this requirement.

It is not practicable, for the reasons discussed in paragraph 5 above, for any company other than IPG Photonics Corporation to provide the required equipment.

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

For the reasons set forth in Paragraph 5, Dahlgren Contract Department 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 Department 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.

Christopher Lloyd 540-653-5675 20 Apr 18

Chris Lloyd, Code E11, Phone No., Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Brian K. Kau, Legal Counsel, Code 00L, Phone No., Date

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.

Angela Bowling, Contracting Officer, 026, Phone No., Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 41 U.S.C.

1901.

Competition Advocate

Thomas A. Duval, Competition Advocate, 02 Date

DUVAL.THOMAS.A.1228669896

Digitally signed by DUVAL.THOMAS.A.1228669896 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=DUVAL.THOMAS.A.1228669896 Date: 2018.04.26 13:05:14 -04'00' 04/26/2018

BOWLING.ANGELA.M.12915

55400

Digitally signed by BOWLING.ANGELA.M.1291555400 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=BOWLING.ANGELA.M.1291555400 Date: 2018.04.26 06:18:22 -04'00' 540-653-4904 26 Apr 18

KAU.BRIAN.K

C.1179623931

Digitally signed by KAU.BRIAN.K C.1179623931 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=KAU.BRIAN.K C.1179623931 Date: 2018.04.25 13:21:58 -04'00' 540-653-7578 25 Apr 18