PR_1300602599_SSJ_Redacted.pdf

J&A Number: 117001 Code: E11 PR Number: 1300602599

JUSTIFICATION AND APPROVAL

TO PROCURE USING OTHER THAN FULL AND OPEN COMPETITION

Justification

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 02.

2. Description of the Action Being Approved:

This contract will award a firm fixed price contract on a sole source basis to solicit L-3 Communications Maripro Inc, of 1522 Cook Place, Goleta, CA 93117 (hereafter L-3) for purchase of new Hydro-Acoustic Information Link Manned Underwater Vehicle (HAIL MUV) II Assembly.

3. Description Of Supplies/Services:

This procurement is for the acquisition of:

Nomenclature Quantity HAIL MUV II Assembly 2

The Government’s minimum requirement needs have been certified by the requiring technical authority. The estimated value of this effort is $200,000. The contract will be funded with SOCOM reimbursable funds. The expected delivery timeline is one-hundred eighty (180)days after award of contract.

4. Statutory Authority Permitting Other Than Full and Open Competition:

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.

J&A Number 116008

5. Rationale Justifying Use of Cited Statutory Authority:

The NSWC PCD Maritime Mission Systems Division has the responsibility as the In-Service Engineering Agent (ISEA) for the SDV MK-8 MOD 1 is responsible for logistics, maintenance and repair support, as supported by the NSWC PCD Operations and Logistics Management Division, for the SDV program. This requirement provides for the purchase of the SDV HAIL MUV II Assembly for the Dry Combat Submersible project. The SDV HAIL MUV is a critical component of the SDV communication systems that allows the SDV operators to send and receive text messages using operation-specific brevity codes or operator-entered short text messages. The HAIL MUV is now obsolete and being replaced by the HAIL MUV II which is going to be a drop in replacement.

This acquisition is unsuitable for full and open competition for the following reasons.

All of the communication systems HAIL MUV Assemblies were a Class 1 Engineering Change implemented on the SDV MK-8 MOD1 during the Service Life Extension Program (SLEP) and all these assemblies to date have been purchased from L-3. These items contain proprietary engineering technology that no other manufacturer could duplicate. The HAIL MUV II is the compatible drop in replacement of the HAIL MUV and therefore requires no changes to the current platform the HAIL MUV II will operate in.

In summary, there are no other possible sources that can satisfy this requirement.

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 __________ 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 L-3, the original equipment manufacturer (OEM), to provide the equipment.

7. Determination Of Fair And Reasonable Cost:

The Contracting Officer will determine that the anticipated cost to the Government for the supplies/services covered by the J&A

J&A Number 116008 will be fair and reasonable.

8. Actions Taken To Remove Barriers To Competition:

The planned contract is required in order to provide new SDV communications system components. These items are sole source for the reasons specified in paragraph 5.0 above. The SDV MK8 MOD 1 configuration has been tested using these items and any attempt to substitute an item repaired by other than the OEM is unacceptable to the SDV program.

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, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Signature Name (Print) and Title (Code) Phone No. Date

REQUIREMENTS COGNIZANCE:

Signature Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Signature Name (Print) and Title (Code) 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.

Signature Name (Print) and Title (Code) 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 10 U.S.C. 2304(c)(1).

Signature Name (Print) Title (Code) Date