J A Fedbizops Posting.doc

Technical Documentation

J&A Number 10-285, Horizontal Fast Rise Electromagnetic Pulse System J&A Template: One Source v09-02

Justification for Other than Full and Open Competition

6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

Please fill in all of the required details below.

Guidance for fields can be found at the bottom of the window. Additional guidance may be available by pressing “F1

T1. J&A Description:

J&A Number: 10-285 Acquisition Name: Horizontal Fast Rise Electromagnetic Pulse System T2. Technical Point of Contact:

WHAT is being acquired?

T3. Concisely describe the nature of this acquisition (i.e. What the item or service is and what function it will perform):

N00421-08-C-0070 is a CPFF contract awarded to L-3 Services, Inc, San Leandro, CA for the fabrication and delivery of a one-of-a-kind six million volt Horizontal Fast Rise Electromagnetic Pulse Simulator and its associated control and diagnostics system used to test aircraft for nuclear EMP effects at the NAVAIR E3 - Electromagnetic Environmental Effects Facility.

T4. The estimated total dollar amount, including options, of this action is:

$ 500,000.00 T5. This J&A approves the following type of action(s): (Coordinate with PCO)

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Single action

· New FORMDROPDOWN type FORMDROPDOWN N00421-08-C-0070

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Class of actions. If this is a Class J&A, it covers actions through When.

· New FORMDROPDOWN type FORMDROPDOWN

T6. The below supplies or services are specifically covered under this justification (including options):

The quantities identified below are estimated and may be adjusted to reflect other such quantities as may be authorized and appropriated by Congress.

Description

(Non-major items / services may be identified generically in logical grouping) Estimate QTY - Unit

Estimate Delivery Requirement / POP

Lot

WHO is the only source?

T7. L3 Services, Inc. 2700 Merced St San Leandro CA 94577 is the only source that can provide the above supplies or services and no other supplies or services will satisfy the program’s requirements.

WHY is the source above the only one that can fulfill the requirement?

In accordance with Title 10 U.S.C 2304(c)(1) as cited in FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

T8. Only the specified source can provide the above described supplies or services due to: (Select from the following).

(Check all that are applicable and use as much detail as necessary)

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Insufficient Technical Data and / or Rights: The Government does not possess adequate data and / or the rights necessary to competitively award this requirement.

· Explain why the technical data is necessary for this acquisition:

· Does the Government possess all the technical data required to competitively award this requirement?

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Yes

· If Yes, explain why the Government does not possess sufficient data rights to competitively award this requirement:

· Could the necessary rights to the data be purchased?

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Yes, the necessary rights could be purchased for an estimated This amount was determined by This amount is economically unfeasible due to

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No, explain:

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No

· If No, explain why the Government does not possess sufficient technical data to competitively award this requirement.

· If No, could the necessary technical data and rights be purchased?

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Yes, the necessary data and rights could be purchased for

This amount was determined by This amount is economically unfeasible due to

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No, explain:

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Special Tooling: Only the referenced source has access to special tooling which is necessary to fulfill this requirement.

· Explain why the special tooling is necessary for this acquisition:

· Could the necessary special tooling be purchased?

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Yes, the necessary tooling could be purchased for an estimated

This amount was determined by This amount is economically unfeasible due to

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No, explain:

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Substantial Duplication of Cost (for follow-on actions only): The above source is deemed to be the only source available because an award to a source other than the original provider would result in a substantial duplication of cost which would not be recovered through competition.

· An estimated $ worth of work would be duplicated.

· Explain in detail how this amount was determined.

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Unacceptable delay of work (for follow-on actions only): The above source is deemed to be the only source available because an award to a source other than the original provider would result in an unacceptable delay in fulfilling the Government’s requirements.

· Going to another source would create a delay of

· Explain in detail how this delay estimate was determined.

· Explain in detail how the Government would be unable to meet its requirements by this delay.

· Describe the specified source’s ability to provide the needed supplies / services within the necessary timeframe.

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Other:

· Specify why only the stated source can provide the above supplies or services.

L-3 Services is substantially complete with the fabrication of the Fast Rise Electromagnetic Pulser. L-3 Systems, Inc. is experiencing pre-fire ignition problems due to subcontractor manufacturing defects in 30 of the pulser's 1350 capacitors. This re-work is increasing the labor costs by $500,000.00 and extending the schedule from XX to XX for this requirement. Factory testing and characterization tasks cannot be completed without the additional effort required to remove, identify, replace, and re-assemble the pulser due to the capacitator manufacturing defects. Award of this work to another contractor would result in the substantial additional cost to the Government. The design of the pulser is proprietary and data rights are not transferrable. A new contractor would be required to design and fabricate the pulser from the beginning. It is not expected that the current contract expenditures could be recovered through competition. The estimated cost from AIR 5.4 would be $XX to begin the process again. In addition, unacceptable delays of approximately XX in fulfilling the requirements of AIR 5.4.4 would be encountered.

Background (Additional information)

T9. Is there a supporting acquisition planning document for this program?

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Yes

· If Yes, is the supporting acquisition planning document current?

(ensure legal counsel has a copy of the latest document)

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Yes, it is current as of

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No, explain:

· If Yes, is this J&A consistent with the content of the supporting acquisition planning document, including MOPAS?

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Yes, it is consistent.

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No, explain:

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No

· If No, why is there not a supporting acquisition planning document?

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A supporting acquisition planning document is not required in accordance with DFARS FORMDROPDOWN

Other, explain:

T10. Market Research and / or Survey: (Required Pre-Solicitation notices do NOT satisfy this requirement)

Performed

· Describe the research and / or survey that was conducted:

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Not Performed

· No market research or survey was conducted due to:

The fabrication of the Fast Rise Electromagnetic Pulser is substantially complete except for required rework. Delivery is anticipated in XX with contract completion scheduled for XX. This J&A is for the additional LOE cost of $500,000.00 and extended POP until XX required due to manufacturing defects.

T11. Follow-on Contract Information: (Required for all actions) Will this requirement be acquired again?

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Yes

· If Yes, what is being done to remove barriers to competition?

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Nothing, explain:

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Actions such as:

· If Yes, will it be competed in the future?

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No, explain:

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Yes, on when.

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No, this is a one time buy.

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No, this a final buy.

Is this for a follow-on requirement?

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Yes

· If Yes, is the previous J&A attached?

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Yes

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No, explain:

No

(Remember to insert names of signing officials on next page) T12. This requirement will be funded with the following appropriations (Please select appropriation type and Fiscal Year from available drop-downs; if not available in drop-down list, enter appropriation in a fill-in field. The dollar value must be manually entered.):

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Technical Certification

I certify that the facts and representations included in sections T1 through T12 and the supporting acquisition planning documentation are accurate and complete.

_________________________________________ Date:______________

Name: Title: Code:

Contracting Officer Certification

(If the total dollar value of the justification is less than $550K, this certification constitutes the approval.)

To the best of my knowledge and belief I certify the accuracy and completeness of this justification including the attached technical documentation and supporting acquisition planning documentation.

Counsel

Based upon the certification contained herein, this justification is legally sufficient.

Approved

_________________________________________ Date:______________

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