N61331_3311-0005.1_Redacted_Final_19_Apr_19.pdf

SOURCE SELECTION INFORMATION - SEE FAR 2.101 and 3.104

J&A: 3311-0005.1 Code:

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Panama City Division (NSWC PCD), 110 Vernon Avenue, Panama City, FL 32407-7001 (Contracts Department Code .

2. Description of the Action Being Approved

The verbiage which follows this paragraph is from the original J&A and was previously approved by the Contracting Officer on 01 February 2014 and the Approving Official on 03 February 2014. Substantive changes within the text will appear in bold print. A contract was awarded on 29 September 2014 on a sole source basis to Raytheon Systems Corporation,50 Apple Hill Drive, Tewksbury, MA 01876-0901. The options discussion which follows is no longer applicable but remains in this J&A to preserve the fidelity of the original language.

The proposed action is to extend the total period of performance of the contract by 12 months. The dollar value of this J&A ($8,238,452) remains unchanged.

3. Description of Supplies/Services

The NSWC PCD Deployed Systems Branch (Code maintains and sustains the MDCP systems. The Contractor will provide:

(a) Hardware and software maintenance of Laser Line Scan (LLS) sensors after each development and any other time as needed.

(b) Hardware and software modification of the LLS sensors as needed to repair and/or improve the sensors.

(c) Technical analysis, design, and development to support sensor modification.

(d) Optical modeling to support sensor modification.

(e) Associated image and signal processing algorithm development, implementation, and testing

(f) MDCP testing and test support

(g) Data analysis

(h) Fabrication of a new optical sensor to improve the data collection capabilities beyond that of the LLS sensors

(i) Procurement of repair parts, spares and Other Direct Charges related to the above mentioned services

The period of performance was one base year with four option years. The extended period of performance will add an additional 12 months. Table 1 identifies the original J&A estimated funding:

Table 1 FY 15 O&MN Funds FY 15 OPN Funds FY 15 RDT&E Funds FY 16 O&MN Funds FY 16 OPN Funds FY 16 RDT&E Funds FY 17 O&MN Funds FY 17 OPN Funds FY 17 RDT&E Funds FY 18 O&MN Funds FY 18 OPN Funds FY 18 RDT&E Funds FY 19 O&MN Funds FY 19 OPN Funds FY 19 RDT&E Funds

The Government’s minimum needs have been verified by technical and requirement’s personnel. The contract will be funded with Operation and Maintenance Navy (O&MN), Other Procurement Navy (OPN) and Research, Development, Test and Evaluation (RDT&E) funding during the fiscal years (FYs) of the contract. Funding has been verified for a total of O&MN for FY20 and approximately in RDT&E funding for FY20 is anticipated. The total ceiling for this effort is $8,051,893.

The ceiling will not be affected by the extension of the period of performance. The maximum dollar value for each year and what was actually spent is listed below in Table 2.

Table 2

Ceiling Actual Remaining Base Period, FY 15 Option Period 1, FY 16 Option Period 2,FY 17 Option Period 3,FY 18

Option Period 4,FY 19 Total $8,051,893

Of the $8,051,893, there is a total of remaining.

4. Statutory Authority Permitting Other Than Full and Open Competition

Pursuant to 10 U.S.C. 2304(c) (1) - Only one responsible source and no other supplies or services will satisfy agency requirements, FAR 6.302-1.

10 U.S.C. 2304a – the ordering period of a task order or delivery order contract awarded by DoD, DFARS 217.204(e)(i).

5. Rationale Justifying Use of Cited Statutory Authority

MDCP is a Fleet deployable data collection system installed on US Navy Fleet assets. The MDCP data is critical in support of National data collection requirements. One of the major MDCP sensor sub-systems are LLS sensors developed and manufactured by Raytheon Systems Corporation, Tewksbury, MA. These sensors are composed of laser based electro-optic imaging systems. In order to maintain the sensors’ ability to collect the data needed to meet the National data collection requirements, periodic health assessments, maintenance and repairs of these components are required. All of these maintenance items are also essential to maintain sufficient quantities of the components to meet MDCP operational requirements and the spares necessary to effect repairs of deployed systems.

This requirement is not suitable for full and open competition for the following reasons.

(a) Raytheon Systems Corporation was and is the original sole developer and Original Equipment Manufacturer (OEM) of the MDCP LLS sensor components.

(b) The Government did not purchase or acquire the rights in data and design or a Technical Data Package (TDP) to a sufficient level to support a competition for the LLS sensor components or the services needed to maintain, repair, or modify them. This was primarily due to the limited number of systems originally envisioned being deployed to the Fleet.

(c) As the sole developer and OEM, Raytheon Systems Corporation is the only source with sufficient in-depth knowledge of the laser-based electro-optic imaging sensor that could fabricate the parts, conduct repairs, and make required design modifications. In addition, Raytheon Systems Corporation holds the proprietary data for the imaging sensor rendering the contractor the only viable source for additional parts and repairs.

(d) The MDCP system configuration has been tested using these items. Any attempt to substitute an item repaired by other than the OEM would take up to two additional years to undergo qualification testing and replacement of the existing systems and add an additional cost of approximately $8,750,000 to replace all systems.

In accordance with DFARS 217.204(e)(i), the ordering period of a task order or delivery order contract:

(a) May be for any period up to 5 years;

(b) May be subsequently extended for one or more successive periods in accordance with an option provided in the contract or a modification of the contract; and

(c) Shall not exceed 10 years unless the head of the agency determines in writing that exceptional circumstances require a longer ordering period.

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

The proposed contract was synopsized via posting on the Federal Business Opportunities (FEDBIZOPPS) website on 6 December 2013 in accordance with FAR 5.2. The synopsis expressed the government’s intent to contract on a sole source basis. There have been no inquiries to this synopsis. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Raytheon Systems Corporation, the Original Equipment Manufacturer (OEM), to provide the equipment and repairs.

An additional synopsis was issued via posting on Federal Business Opportunities (FEDBIZOPPs) website on 01 March 2019 in accordance with FAR 5.2. The synopsis expressed the Government’s intent to extend the sole source contract for an additional 12 months with a contract expiration of 28 September 2020. No responses to the posting were received.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the supplies and services covered by the J&A is fair and reasonable. To determine the Offeror’s proposed cost/price is fair and reasonable, the contracting officer will request DCMA pricing assistance and/or a DCAA audit of the contractor’s proposal along with the Offeror’s certificate of current cost and pricing to support the fair and reasonable cost determination.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC PCD has no plans at this time to compete future contracts for the supplies/services covered by this document. If another potential source emerges, NSWC PCD will assess whether competition for future requirements are feasible.

SIGNATURES FOLLOW THIS PAGE

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.

In accordance with DFARS 207.103(d)(i)(B) an Acquisition Plan is not required for this requirement.

TECHNICAL COGNIZANCE:

Signature Name (Print) and Title (Code) Phone Date

REQUIREMENTS COGNIZANCE:

Signature Name (Print) and Title (Code) Phone Date

LEGAL SUFFICIENCY REVIEW

I have determined that this justification is 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 knowledge and belief.

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, for the solicitation of the proposed procurement using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

LANGFELDT.MARY.L.108676

Digitally signed by LANGFELDT.MARY.L.1086763601 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=LANGFELDT.MARY.L.1086763601 Date: 2019.03.28 12:50:23 -05'00'