N4523A_2014JA.pdf

DEPARTMENT OF THE NAVY

PUGET SOUND NAVAL SHIPYARD

AN D INTERMEDIATE MAINTENANCE FACILITY

1400 FARRAGUT AVENUE STOP 2090

BREMERTON WASHINGTON 98314-2090

IN REPLY REFER TO:

J&A umber: 20-14.I A -P.R. N umber: N4523A20RC2358 I

Encl osu re :

JUSTTFTCATrON AND APPROVAL

FOR USE OF OTHER THAN FULL A D OPEN COMPETITION

URGENT & COMPELLrNG SOLE-SOURCE JUSTIFICAT ION

( I ) FOUO f:302 -1 Enclosure I Data Rights ASPU Letter Ser 394H-0083

(2) FOUO 802-2 Enclosure 2 ASPU C 120 Data Rights Ser 120-0 19

(3) FOUO 802-3 Enclosure 3 Encoder JA 19-0SJ

1. Contracting Activitv

13-MAY-20 19

I 0-OCT-20 I 7

3 1-MAY-20 19

The Naval Sea Systems Command Field Procurement Office (FPO) Puget Sound Nava l Sh ipyard and Intermediate

Maintenance Facility (PSNS& IMF) (FAR 6.303-2(b)(I)).

2. Description of the Action Be ing Approved

The Governme nt anticipates the so le so urce award of concu rre nt firm fi xed price out of scope co ntrac t mod ificati o ns to Contract 4523 I SC 1306 with Curtiss-W ri ght E lectro-Mechan ical Di vis ion (EMD). The action fo r approval is for contract modifi cations to c lean, inspect, and, if needed, provide for the immed iate repa ir of two Rotationa l Dep loyme nt Mechani sms (RDM). As Contract N4523A I 8C 1306 is a DX rated co ntract, and based upon the urgency of these required 1·epa irs these modificat ions shall be DX rated. (FAR 6.303-2(b)(2)).

During the availabi li ty , it was d iscovered that the Rotationa l

Dep loy ment Mechani sm (RDM) #4 motor contained grit. most li kel y a form or bl as ting medi a. The RDM is a subsystem of the Advanced Secondary Propul s ion Unit (ASPU) System. The RDM moto r cannot run vvhil e co nta minated with grit as it cou ld cause damage beyo nd repair to th e entire R.DM Subsystem. No direct blast ing occurred to any sealing surfaces. ports, li nkages, 01· c riti cal surfaces of the ROM, and th e motor has not been run s ince it was in sta ll ed; therefore, no di rect damage is suspected . Notwith standing, th e motor and resulting co mponents mu st be c leaned , inspected and repaired if damage is found. Two optio ns exist to accomp li sh thi s : one;

Puget Sound Naval Shipyard could attempt to '·flush" the RDM subsystem to clear th e gr it, and attempt a test run.

Thi s opti on has signifi cant ri sk to cause serious interna l compon ent damage to th e ROM subsystem . The seco nd , and much more ri sk adverse option, to clear the g rit is to award a co ntract modifi cation with the Original Equipment

M anufacturer, EMD, to c lean, inspect and repair ( if necessary) the RDM motor.

After the d iscovery that R.DM #4 was contami nated, the other RDM ' s were in vest igated to confirm whether they had been contaminated as wel l. During this inves tigation it was discovered that th e matching ROM, #3 showed th e same sympto ms of potenti a l contam ination. Therefore, thi s action for approval wi ll be to provide fo r concurrent modi Ii cations for the inspec ti on and c leaning and repair (if necessary) of the pair of R.DM' s.

The AS PU system was des ig ned and bu ilt based upon improvements made to the Secondary Propul s ion Unit (SPU) sys tem insta ll ed in the V irg ini a Class of submarines. The ASPU ' s were o ri g ina ll y developed and insta ll ed during the

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20- 14.l&A construction o under co ntract N00024-96-C-2 I 08. \l"ith General Dynam ics E lectri c

Boal Di vision (E lectr ic Boat). Electric Boat subcontracted out, under thi s co ntract, f"clr the co nstruction of the

ASPU's to Westinghouse Electro-Mechan ica l Divi s ion. Curti ss-Wright EMD purchased Westin ghouse Electro

Mechanica l D~he completion of contract N00024-96-C-2 I 08. Since the delivery and acceptance o ~ the ASPU system has been mod i tied, repaired, and modernized severa l times to include the ROM subsystem by EMO.

The Government ' s minimum needs have been verifi ed by the certifyin g technical and requirements perso nne l.

The est imated Period of Performance of thi s contract is antic ipated lo be from

Thi s is based upo n potentia l unforeseen delays in contract award/performance and a normal period of performance for a full ROM re furbi shm ent for two ROM subsystems. fl takes up t(-longer for a full refurbi shment for one ROM; thereforell..veeks was used for estimated period o f performance (2 RDM' s being refurbi shed) .

(NMCARS 5206.303-2(a)).

The estimated va lue for the repa ir of one ROM is The extent of damage, if any, is unknown, and thi s requirement has a compressed cyc le as the normal ROM refurbi shment time is in excess.

weeks. therefore for estimating purposes a price range was used (NCH 6.303-2). the government"s in itial rough order of magnitude estimate and ofa fu ll ROM refurb ishment w ith a factor adjustment for a compressed timeline o of the pair ofRDM's requ iri ng in spection, c lean ing, and possible re the concurrent modifications lo N4523A I 8C 1306 is estimated Th is act ion wil I be fu ll y funded by 4523 A ROT &E ti scal year 2020 funding (FAR 6.303-2(b)(3) & NM CARS 5206.303-2(b)(3))

4. Statutory Author itv Permitting Othe r Than Full and Open Competition

JO U.S.C.2304(c)(2) Unusual and Compe lling Urge ncy (FAR 6.302-2). (FAR 6.303-2(b)(4)).

is currently in a dry docking avai labili ty for preservation and ma intenance. This s criti cal to the nat ional detense capabili ty and mission of the United States Navy. Any delay to the avai lab ility of thi s- will directl y im pact the abil ity of the U nited States Navy to execute its mission and provide !or national secu ri ty . Delay in conlracl award would result in unacceptable nationa l security ri sks by de laying the vesse l' s undocking date. The delayed undocking of the vessel would a lso negativel y impact the schedu le of other vessels schedu led to use the dr dock. Add itional I 1, dela in contract award would resu lt in serious tinancial injury lo the Government. the Government is not readily able to quant ify the direct cost impac t of the delay of avail abi~303-2(b)(9)(iii)). However, it is esti mated that within PSNS&IMF it costs the Governm ent in excess--dollars per day to extend the avai labi li ty ofa

-in dry dock.

Due to security purposes the undockin.ate is to undock, must have thi s RDM ' s repa ired

Once the RDM 's are return ed from Curtiss- Wri ght EM O, the Government anti c ipates approximately for shipping and receiv ing of the RDM ' s. Then there is approximately-worth of work to perform insta ll atio n. , testing with sh~ng plant conditions for s 1ste111 turnover. Once the RDM work is complete, staging and special----must be removed. and cu~s driv ing the current undocking schedu le. T herefo re; to avo id shi fling the ava ilability ofllllllllllllll and subseq uently

20- 14 .l &A affecti ng o ther p lanned avai lab iliti es for tha t dry dock, these anti c ipated concurrent modifications to con tract

N4523A 18C l 306 are co nsidered to be an Unusua l and Co mpelling Urgency (DFARS PGI 206.302-2(b)(ii)(A)).

The authority of thi s .Justifi cation and Approval 20- I 4JA FAR 6.303 -2 autho rity a ll ows for the li mitation of competiti on, but seeks to have max imum competitio n practical. Contrar ily Curt iss-Wri ght E lectro Mechanical

Divi sion is the on ly respons ib le source capable of fu lfi lling thi s contract req uirement. PS S requested A VSEA legal office intel lectu a l property atto rneys fo r a legal determination regard ing the ownership of al l ASPU intel lectual property ownership in late 20 18 and earl y 20 l 9. The NA VSEA legal office in te ll ectua l property attorney fo und that it is poss ible to cha ll enge data ri ghts markings on drawings o r othe r data ri ght c laims within three-years of fin a l acceptance or fi na l payment whi che ver is late r. In E ncl osure (I) Data Ri ghts APS U letter, it was fou nd that it has been more than three-years s ince acceptance of from the origin a l contract and it has been more than three-years s ince final payment was made. It was therefore determined that the Government has what equates to limited data rights to the AS PU System, and will not chal lenge these ri ghts. Due to its limited data rights , the Government is not able to compete thi s requirement. If the Governm ent had been found to have ownership of a l I inte ll ec tua l prope rty of the ASPU system, the Govern ment potenti a ll y could co mpete contract actions for the repa ir and moderni zation of other components of the ASPU system.

The Government ' s Limited Rights mean s the Govern ment may furnis h, reproduce and use the data as needed in terna ll y to the Federa l Government to accomp li sh mi ss io n purposes; however, the Governme nt may not share the data ex terna ll y, w ithout being sub ject of co ht infrin gement and other potential legal ramifications. Enclosure

( I) from PMS394 nd Enclosure (2) from PSNS&lMF Code 120 the In

Service Engineering Agent anyo ne e lse except Curt iss-W ri ght E lectro Mechanical D iv is ion for any of the AS PU System o r Subsystem components, wheth er for suppli es, services. repa ir o r c leaning . (FA R 6.303-2(b)(S) & FAR 6.303-2(b)(9)(i)).

Therefore: s ince the last approved J&A , no effo rts have made to attempt to increase co mpetition regard ing the

ASPU System contract requirements, as the determination was made in Enclosure ( I ) that the Federal Government does not have legal grounds to chall enge the data rights to the AS PU System. Furthermo re, the Government is not ab le to estim ate the cost of completing this work. because th e Government does not have the capab ility to complete the d isassembl y, c leaning and fu nctiona l test ing of the RDM 's; however in Enc losure (3), the Government estimated a-lead time and excess- cost fo r setting up ofa functiona l tes ting capabi lity ofa mock ASP U system (FAR 6.303-2(b)(9)(ii)). Tn accordance with DFARS PGI 206.303-2(b)(i)(B) a copy of the last approved

J&A has been included w ith th is action as Enc losure (3) .

6. Descri ption of Efforts Made to So l.i c it Offers from as Manv OITerors as Practicab le a . Sources Expressing In terest.

As thi s req uirement first and fo remost !'al Is under FAR 6.302-2 U nusua l and Co mpell ing Urgency, there is no t a requ irement to post a Sow·ces Sought. However; a No ti ce of Inten t to So le Source (Sources So ught) un der Enclosure (3) J&A 19-05.T was posted to Government Point of Entry (FBO) on March 22. 20 J 9 through Apri I 16, 20 19. o responses were received by PSNS&I MF from posting (FAR S.203(a)). No additional so urces have been identi fied since Curtiss-Wright EM D ho lds al l technical data and knowledge of sys tem s operations (Enclosw·e 1 &

2), and no different sources are expected to be identifi ed in the futu re (FAR 6.303-2(b)(10)).

b. Synopsis/So li citation .

This requ irement fa ll s under FAR 5.202(a)(2) Exception for FAR 6.302-2 Unusual and Compelli ng Urgency . T herefore, thi s action w ill not be synopsized per FAR S.202(a)(2), and the resulting so licitation w ill not be posted to the Govern ment Po int of E ntry (FAR S. 102(a)(1)). Th is Justifi cati on w il l be made ava il able to the Government Po int of Entry within 30 days after contract award (FAR 6.30S(b)).

20-14.l&A c . Markel Research .

Market research consisted of reviewing hi storica l contracts and input from government subject matter experts . Further market research is not practicab le fo r the reaso ns di scussed in paragraph 5 above. (FAR 6.303- 2(b)(6)).

7. Determination of Fair and Reasonab le Costs

The Contracting Otlice1· w ill make a fair and reasonable determination for the suppli es/serv ices covered by thi s J&A

(FAR 6.303-2(b )(7)).

8. Actio ns to Re move Barriers to Competiti o n

Based upo n the Determinat io n detailed in Enclos ures ( I) and (2). PS S&IMF currently has no expectatio n th at future atte mpts at competit io n wil l be successful. At the point of tim e when the Government w ill requ ire the design and develop me nt of new AS PU systems. the co ntract ing oftice wi ll work to assist the technical requiring office to co ndu ct ac ti o ns (eval uation factors o r PWS for a modular design) that w ill push fo r a system w hi ch allows for o pen competition . if possib le (FAR 6.303-2(b)(8) and (FAR 6.303-2(b)(U)).

CERTIF ICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

20- 14.l &A

I certify that th e facts and representat ions under my cogn izance, which are included in thi s _juslilication and its supporti ng acqu isition planning data, except as noted herein, are complete and accurate to the best of my knowledge and belief. Furthermore; I certify that the req uirement description meets the Government·s minimum needs.

TECHNICAL COGNIZANCE:

LEGAL SUFF ICIENCY REV IEW (NMCARS 5206.303(90))

l have determ ined thi s just ification is legally sufficient.

CONTRACTING OFF ICER CERTIFI CATION (FAR 6.303-2(b)(12))

April 8, 2020

I certify that th is just ifi cation is accurate and complete to the best ofmy knowledge and belief.

APPROVAL BLOCK

COMPETTTTON ADVOCATE (FAR 6.304(2))

Upon the basis of the above just ifi cat ion, I hereby approve, as the Competition Advocate for the Procuring Activity, for the so li cita ti on of the proposed procurement(s) described herein us ing other than full and open competition.

pursuant to the author ity of IO U.S.C. 2304(c)(2).

CROW.DWIN .CHAR LES. 11 6

1546476

Digita lly signed by

CROW.DWIN.CHARLES.1161546476

Date : 2020.04.08 10:37:56 -07'00'

DWIN CROW, Competition Advocate, Code 440, (360)-476-4 11 l , April 8. 2020

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