SSC_L3_Support_J&A_Redacted_Redacted.pdf

J&A Number 116001

J&A Number: 119009 Code:

P.R. Number: TBD

JUSTIFICATION AND APPROVAL (J&A)

TO PROCURE USING OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

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

2. Description of the Action Being Approved

Authorization to procure services to support the Ship to Shore Connector (LCAC-100), Command, Control, Communications, Computers and Navigation (C4N) systems from L3 Technologies Inc. doing business as (DBA) Maritime Systems, Leesburg, VA, 20175 on the basis of other than full and open competition.

3. Description of Supplies/Services

This acquisition is for engineering support for Ship to Shore Connector (SSC) Command, Control, Communications, Computers, and Navigation (C4N) System Integration Lab (SIL), support for standup of NSWC PCD as the SSC Software Support Activity (SSA), and the implementation of C4N software and hardware products by L3 Maritime Systems.

This includes:

a) Engineering design and development for SSC C4N SIL software including modifications to the software baseline.

b) SSC C4N software and hardware engineering services, technical support and training.

c) Assembly and installation of SIL hardware and software.

d) System integration and testing.

The Government�s minimum needs have been verified by the certifying technical and requirements personnel. The anticipated contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) requirements type contract with a period of performance of five years. The total estimated amount of this acquisition is

FY19-FY23, Operation & Maintenance Navy (O&MN) funds.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c) (1) - Only one responsible source and no other services will satisfy agency requirements (FAR 6.302-1(a)(2)( ii)).

5. Rationale Justifying Use of Cited Statutory Authority

NSWC PCD as Software Support

Agent (SSA) and C4N In-Service Engineering Agent (ISEA) for SSC, a new class of amphibious landing craft to replace the aging LCAC-1 class. Tasking includes the establishment and operation of an SSC C4N SIL to design, modify, integrate, test, verify and validate C4N software.

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

(a) L3 has proprietary rights to the source code associated with SSC C4N software, including commercial-off-the-shelf (COTS) software developed by L3 at private expense. The Government does not have the source code for the software, nor does its license for the software allow the Government to modify it or have others modify it without written authorization from L3.

(b) L3 is the only entity with the requisite knowledge of the SSC C4N suite to support NSWC PCD in establishing and maintaining the SSC C4N SIL and in performing the duties and responsibilities of SSC SSA and C4N ISEA.

As the sole developer and original equipment manufacturer (OEM) of the SSC C4N software, L3 is the only company qualified to perform the required services.

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

This acquisition was synopsized in the Government Wide Point of Entry (FEDBIZOPPS) on 01 MAR 2019 as required by FAR 5.2. As of the approval date of this justification there have been no inquiries regarding the purchase. No additional market research was conducted because it is not practicable for the reasons discussed in paragraph 5 above, and no other sources than the one specified above can meet the Government�s requirement.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated prices to the Government for the supplies/services covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

If affordable and feasible, NSWC PCD will work to acquire the rights to the C4N source code from L3 after sufficient operational and technical training are achieved and the software baseline is established and stable.

SIGNATURES FOLLOW THIS PAGE

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, except as noted herein, are complete and accurate to the best of my knowledge and belief.

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 the Competition Advocate of the Head of the Contracting Activity the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 41 U.S.C. 2304(c)(1)).

Chief of the Contracting Office