2.11_JA_Redacted_25157-0200.pdf
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- Attached to
- PROCESSOR, COUNTERME, IN REPAIR/MODIFICATION OF
- Solicitation number
- N0038326CLA17
About this file
This is a Justification for Other Than Full & Open Competition (J&A) filed by the Department of the Navy, NAVSUP WSS in Philadelphia, authorizing a non-competitive contract award for processor countermeasure repair/overhaul services. The contracting activity is NAVSUP WSS – Philadelphia (Folder #25157-0200, PD #N0038325U2250 N0038325U2251). The item manager is Charles Ingram (Logistics Management Specialist), the technician is Michael Ward (Equipment Specialist), and the buyer is Timika Nicholson (Contract Specialist).
The acquisition covers repair/overhaul of a processor countermeasure (NSN 7RH 5865 0165556369 P8, P/N 228300-411) and will be awarded solely to TERMA INC. (CAGE Code 4AHH0) with an expected final delivery date of September 2, 2026. The justification is based on 10 USC 3204(A)(1) and FAR 6.302-1, citing that only one responsible source can satisfy agency requirements. TERMA INC. is identified as the sole approved repair source with exclusive access to critical technical data, drawings, specifications, and test equipment/procedures necessary to repair, test, and certify the item. The item has been designated a Critical Application Item (CAI), further limiting qualified sources. Market research confirmed no Source Approval Requests have been received from alternate sources. A 15 MAR 2019 class waiver exempts this requirement from posting an RFI or Sources Sought notice. The action was synopsized on the government-wide point of entry on September 26, 2025. The contracting officer determined the anticipated cost to be fair and reasonable, and NAVSUP WSS committed to encourage competing vendors to submit technical data packages for future source approval consideration.
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Text version
4. Statutory Authority Permitting Other Than Full & Open Competition
5. Rationale Justifying Use of Cited Authority
6. Description of Efforts Made To Solicit Offers From as Many as Practicable
7. Determination of Fair And Reasonable Cost
8. Actions to Remove Barriers to Future Competition
Line of Accounting
This J&A is based upon the authority of 10 USC 3204(A) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1
A/RMC 3
Acquire, for the second or subsequent time, directly from the actual manufacturer.
A/RMSC C
This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing/repair knowledge by the qualified source(s) require acquisition/repair of the part from the approved source(s). The approved source(s) retain data rights, manufacturing/repair knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, A/RMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, A/RMCs 1 or 2 are valid.
This acquisition will be solicited to
TERMA INC. (4AHH0) Per JDRS/ASE, this item has been deemed a Critical Application Item (CAI), thus limiting qualified sources. The repair of the item listed above will be solicited to TERMA INC. (4AHH0) because they are currently the only capable source with the technical data required to repair, test and certify this item prior to unit delivery and is the sole approved repair source identified in JDRS/ASE. All alternate sources must qualify IAW the DCA's procedures, as approved by NAVAIR/NAVSUP WSS Source Development Department prior to contract award. Since the Navy does not possess sufficient rights to information such as drawings, specifications, and/or test equipment/procedures, a full and open competitive solicitation cannot be supported. NAVSUP-WSS must repair of the item from TERMA INC. (4AHH0).
15 MAR 2019 Class Waiver of the Requirement to Post a Request for Information or Sources Sought Notice applies to this requirement
The proposed contract action was synopsized on the government-wide point of entry on 09/26/2025 and as a result
Market research was conducted in accordance with far part 10. The results of the market research conducted (or the reason(s) market research was not conducted) are as follows
The latest configuration has been checked and all records (ITIMP, JDRS/ASE, etc.) have been properly aligned, identified, and documented. This item has been deemed a Critical Application Item, thus limiting qualified sources. Per JDRS/ASE, TERMA INC. (4AHH0) is the only approved source at this time. The data necessary to solicit this item from sources other than TERMA INC. (4AHH0) is not physically available and is uneconomical to obtain. The available technical data is insufficient for the development of new sources. Source Development Department files indicate no Source Approval Request (SAR) has been received from any party interested in becoming an approved source. TERMA (4AHH0) is the only approved source at this time.
The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.
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And Concurrence Signature
Thomas Dimarcantonio
Work Function Competition Advocate
Competition Advocacy Review And Concurrence Signature Date
10/20/2025
I certify that this J&A is legally sufficient to the best of my knowledge and belief
Legal Sufficiency Review Signature
Keith Lipiec Work Function Attorney Legal Sufficiency Review Signature Date
10/22/2025
I certify that this J&A is accurate and complete to the best of my knowledge and belief
Approval Required By Far 6.304 Signature
Kiersten Magee Work Function Supervisor Approval Required By Far 6.304 Signature Date
11/19/2025
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File details come from the government source that posted it. Updated .