Redacted_JA_-L3_Technologies_2.6.doc

J&A Number: 0223-18-007-00

Code: 0223

P.R. Number:

J&A Number: 0223-18-007-00

Code: 0223

P.R. Number:

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity The contracting activity is the Naval Surface Warfare Center, Philadelphia Division (NSWCPD) Code 0223, Philadelphia, PA.

2. Description of Action Being Approved The proposed contract action is a sole source, Firm Fixed Price (FFP) procurement for Original Equipment Manufacturer (OEM) Navigation and Ship Control System hardware components to be awarded to L3 Technologies, of Ayer, MA 01432.

3. Description of Supplies/Services The items being purchased under the proposed contract action are manufactured by L3 Technologies. L3 Technologies will be required to provide hardware items to ensure continued operational capability of the Ship Control Systems aboard LHD 8 and LHA 6. This hardware is required to support the Automated Bridge System obsolescence issues on LHD 8 and LHA 6 as the currently installed system is obsolete and face sustainability issues.

The list of items to be procured under the proposed contract action is as follows:

These items are Commercial Off The Shelf (COTS) parts; the estimated value is $376,352.00. The order is anticipated to be fully funded using FY18 OPN funds. The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open Competition The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, “Simplified Acquisition Procedures.”

5. Rationale Justifying Use of Cited Statutory Authority The highly specialized component assemblies listed in Section 3 above, from L-3 Technologies, have undergone and passed extensive tests and received environmental certification by the Navy. The qualification tests performed on L-3 Technologies assemblies include environmental qualification testing (shock, vibration, and electromagnetic interference), Ship Control System testing and Navigation testing. Deviating from this qualified equipment that is only manufactured by L-3 will result in significant duplication of design, development, testing, and qualification costs. The estimated cost of environmentally qualifying another piece of equipment manufactured by a different company is at least $500,000. This does not include other engineering costs associated with the design and development effort. This cost impact would be directly related to the additional funding required to procure, test and certify new hardware equipment, develop and test new software, conduct interface testing, as well as the time and effort expended to develop and qualify any other component parts. Any new hardware equipment certified would also have a significant amount of non-recurring engineering cost to redesign the system interface and software. In addition, it is estimated that the time required for another contractor to produce products that meet the required certifications is at least 36 months, which is unacceptable to meet Navy ship installation schedules.

This hardware is required to support the Automated Bridge System obsolescence issues on LHA 6 and LHD 8 as the currently installed system is obsolete and face sustainability issues. This hardware is required to ensure continued operational capability of the Ship Control Systems aboard LHA 6 and LHD 8.

These components are part of the Ship Control System, which is critical for effective guidance, steering, and operation of the vessel. Without these components, the aforementioned functions cannot occur.

Additionally, the System has received Authority To Operate (ATO) certification as the components have passed certification testing in accordance with DoD Instruction (DoDI) 8510.01. Any deviation from the ATO-approved systems’ configuration will result in the rescission of the ATO. Based on above, L-3 Technologies is the only contractor capable to perform the efforts associated with the specifications under this requirement.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable This Justification will be posted along with the combined solicitation/synopsis on the Federal Business Opportunities (FedBizOpps) website in accordance with FAR 6.305. Any responses received will be evaluated.

Market research was conducted through a survey and analysis of alternative equipment that is available in the industry. The thorough analysis conducted reviewed the available components to see if there were any possible alternatives. Additionally, several companies were surveyed to see if they would be able to provide a satisfactory solution. At this time no other equivalents exist to satisfy the need.

7. Determination of Fair and Reasonable Costs Prior to award, the Contracting Officer will determine whether the cost to the Government for the supplies covered by this Justification and Approval will be fair and reasonable.

Also, significant (or similar) quantities of this requirement have been purchased from this offeror as a subcontractor in the past and cost/pricing information was received on those past procurements. This information will be used to support the fair and reasonable cost determination of this procurement

8. Actions to Remove Barriers to Competition NSWC Philadelphia Code 524 has taken steps to develop, own, and control all interface specifications and hardware designs requirements for all related navigation and ship control systems to allow for full and open competition of systems and components. However, a fully functional, certified solution set is not yet available. It is anticipated that the technical data package (TDP) will be completed within the next three years.

CERTIFICATIONS AND APPROVAL

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

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.

TECHNICAL AND REQUIREMENTS COGNIZANCE:

215-897-1579

Branch Head (Code 524)

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined that this justification is legally sufficient.

Signature:

Office of Counsel (Code )

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12)):

I certify that this justification is accurate and complete to the best of my knowledge and belief.

215-897-1245

Contracting Officer (Code 0223)

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 described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

CONTRACTING OFFICER

215-897-1245

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

PHILADELPHIA DIVISION

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112-1403

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