Redacted_Siemens_Brand_Name_JA_Template_Part_13.5_-26_Aug_2016_Redacted.pdf

J&A Number: 0221-17-127-00 Code: 0221 P.R. Number: 17-JMW-005

BRAND NAME JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Philadelphia Division (NSWCPD), Code 0221

2. Description of Action Being Approved

Award of a Firm-Fixed-Price (FFP), Indefinite-Delivery Indefinite-Quantity (IDIQ) contract on a brand name basis to Siemens/RuggedCom Authorized Distributors for network switching equipment.

3. Description of the Supplies or Services

This acquisition is for Commercial Off-The-Shelf (COTS) industrial-grade networking hardware and components manufactured by Siemens/Ruggedcom. The proposed acquisition will be in support of various ship classes that use Siemens/RuggedCom product lines in their Hull, Mechanical & Electrical (HM&E) Networks. Additionally, the proposed acquisition will be used to support Land-Based Test Sites (LBTS) associated with these ships/ship classes located in various buildings at the NSWCPD compound and supported by NSWCPD technical staff.

This requirement is for support of NSWCPD responsibilities as the In-Service Engineering Agent (ISEA) / Software Support Agent (SSA) for ships/ship classes having Siemens/RuggedCom products installed in their HM&E Network. Shipboard HM&E networks provide a robust communication infrastructure enabling various mission-critical HM&E control systems (including Propulsion, Electric, Damage, Auxiliary and Steering Control Systems) to function. The Navy’s objective of COTS usage is to reduce Total Ownership Cost (TOC) while improving reliability, maintainability, efficiency and commonality across ship classes.

The following ship classes have Siemens/RuggedCom hardware installed as part of their HM&E Networks: It is essential that NSWCPD have a

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

PHILADELPHIA DIVISION

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112-1403

IN REPLY REFER TO:

hardware support contract in place to properly fulfill its ISEA / SSA obligations and provide adequate fleet support.

The Governments minimum needs have been verified by the certifying technical and requirements personnel.

The total estimated dollar value of this procurement (111 Line Items) is $12,488,489 as indicated below:

Estimated Dollar Value ($K)

LMMST Year 1 Year 2 Year 3 Total Percent

O&MN $1,334,986 $3,331,822 $2,241,055 $ 6,907,863 55.31%

OPN $1,099,865 $1,442,529 $2,533,503 $ 5,075,897 40.65%

SCN $ 163,284 $ 168,196 $ 173,248 $ 504,728 4.04%

Total $2,598,136 $4,942,547 $4,947,806 $12,488,489 100%

The Period of Performance (POP) for this effort will be three years from the date of award (base year plus 2 one-year options).

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1), Only One Responsible Source and No Other Sources and Services Will Satisfy Agency Requirements, as implemented by Federal Acquisition Regulation (FAR) Subpart 6.302-1(c).

5. Rationale Justifying Use of Cited Statutory Authority

The Navy has invested heavily in integrating Siemens/RuggedCom network equipment on their ships and in laboratories supporting each ship class. This commonality and re-usability has led to increased product reliability and support and streamlined the areas of fleet training and maintenance, resulting in significant savings in these areas. This complies directly with NAVSEA INSTRUCTION 4120.8 to use products stored on the virtual shelf. Replacing these product lines would incur costs that could run into the hundreds of millions of dollars and would delay major Navy programs for approximately 5 years.

For these reasons, it is imperative that this hardware is procured by NSWCPD to replicate and maintain shipboard configuration in NSWCPD laboratories. Additionally, in alignment with NAVSEA’s commonality initiatives mentioned previously, it is important to ensure similar equipment is installed as part of future ship upgrades/modernization efforts.

Siemens/Ruggedcom equipment is the only qualified product line and, consequently, the only manufacturer of the equipment described in this acquisition. The Government does not have the requisite specifications, drawings or source code that would be required to procure the hardware and software competitively. Therefore for the reasons outlined above, Siemens/RuggedCom is the only firm that can effectively provide the end items needed to meet Navy requirements within the specified schedule and cost constraints without significant risk to the Navy. Award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

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

A Request for Information was posted to FEDBIZOPS on 22 November 2016. Additionally, a synopsis of this procurement was published on the Federal Business Opportunities (FEDBIZOPS) web page on 13 January 2017. The following authorized distributors expressed interest in the pre-solicitation synopsis:

Premier Technical Services Corporation Ryno Industrial & Marine Inc.

Red River Computer Co., Inc.

FedBiz IT Solutions, LLC Lyme Computer Systems

No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any other contractor than Siemens/RuggedCom to provide the required supplies and services.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will make a determination as to whether the costs to the Government for the supplies covered by this J&A are fair and reasonable, prior to award.

Significant quantities of this requirement have been purchased from this Offeror in the past and pricing information was received on those procurements. This information should be sufficient to support the fair and reasonable cost determination of this procurement.

8. Actions to Remove Barriers to Competition

All orders issued will be reviewed annually by the Procuring Contracting Officer to ensure that Siemens/RuggedCom continues to be the only company that can satisfy agency requirements.

NSWCPD will continue to monitor the marketplace and identify potential sources of the supplies identified in this Justification. Any sources discovered that can potentially satisfy this specific procurement will be taken into account for any future requirements.

TECHNICAL AND REQUIREMENTS CERTIFICATION - (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance, that 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.

COMBINED TECHNICAL AND REQUIREMENTS COGNIZANCE:

(Signature) Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCAR 5206.303(90))

I have determined that 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) 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) using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

CHIEF OF THE CONTRACTING OFFICE

Karen Gutmaker (Signature) Date Chief of the Contracting Office