JA_0222-18-163-00_Final_Redacted_Redacted.pdf

J&A Number: 0222-18-163-00 Code: 0222 P.R. Number: 18-L B-010

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 0222.

2. Description of Action Being Approved

The proposed contract action is a sole source, combination of a Firm-Fixed-Price (FFP) and Cost- Plus Fixed-Fee, (CPFF) Indefinite-Delivery, Indefinite-Quantity (IDIQ) procurement for engineering services and related supplies in support of NSWCPD Weapons Elevator and Stores Elevator Electromechanical Actuator (WESEEA) Controllers, Actuator Digital Interfaces (ADIs), and the installation, testing, and troubleshooting to support the aforementioned equipment to be awarded to DRS Technologies Inc. (DRS) of Chesapeake, VA.

3. Description of Supplies/Services

The engineering support services and supplies being purchased under the proposed contract action will be provided by DRS of Chesapeake, VA, the original manufacturer of the WESEEA Controller and ADI units being installed on the ship class ships.

DRS will be required to provide engineering services, WESEEA Controllers, ADIs, WESEEA Controller software support, and associated technical information, logistics data, and technical services in support of the Stores and Advanced Weapons Elevator systems currently installed on the class aircraft carriers. Additionally, DRS will be required to provide engineering support services, WESEEA Controllers, ADIs, WESEEA Controller software support services, and associated technical information, logistics data, and technical services in support of the Land Based Engineering Training Site (LBETS) currently being installed at NSWCPD. DRS will provide engineering services to support troubleshooting and repair of WESEEA controller malfunctions, assist with WESEEA controller integration into the LBETS, and provide systems software and hardware updates to ensure the WESEEA controller reflects current shipboard configurations.

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

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

PHILADELPHIA DIVISION

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112-1403

IN REPLY REFER TO:

Item Unit

Total QTY

Actuator Digital Interface (ADI) DG-012203-01 24 WESEEA Small Controller Cabinet DG-012190-01 2

WESEEA Medium Controller Cabinet DG-012191-01 2 Power Supply DG-012196-01/02 2

Small Drive/Contactor

DG-012195-01 2

Medium Drive Contactor DG-012194-01 2 Large/Extra Large with Right Hand Side

Drive Cabinet DG-012197-01/02 2 Extra Large Left Hand Side Drive

Cabinet DG-012198-01 2 Large/Extra Large Contactor DG-012199-01/02 2

Decoder, Computer 1756-EN2TR 5 Communication System Control Group SST-PB3-CLX-RLL 5

Slide, Drawer ,Extensions A5758-18Q-001 10 Power Supply Assembly DC-013624-01 5

Contactor, Magnetic 6957ED33-2C 10

The total estimated dollar value of this requirement is $12,287,426. The following is a breakdown of the estimated funding amounts for this proposed contract action:

Estimated Dollar Value Funding

Type FY18 FY19 FY20 FY21 FY22 Total

OPN $2,228,431 $2,552,507 $0 $0 $0 $4,780,939

O&MN $0 $0 $2,479,259 $2,502,010 $2,525,217 $7,506,487

Totals $2,228,431 $2,552,507 $2,479,259 $2,502,010 $2,525,217 $12,287,426

The Government’s minimum needs have been verified by the certifying technical and requirements personnel. The minimum guarantee for this IDIQ contract will be $100,000.00.

MOPAS Acquisition Strategy Plan #0222-18-163-00.1 covers this acquisition.

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.

5. Rationale Justifying Use of Cited Statutory Authority

The WESEEA Controller and ADI were previously procured by which retains responsibility for the construction and delivery of . The WESEEA Controller Units and ADIs were procured through a contract with

, a division of Huntington Ingalls Industries. competed a subcontracts for the WESEEA, the WESEEA Controller, and the ADI. DRS won the competitive contract to design and build the WESEEA Controller and ADI. DRS, as the OEM, retains the propriety rights for the technical data and drawings associated with the equipment.

In order for the US Navy to identify and troubleshoot specific abnormalities and equipment operation issues currently installed on , the unit to be used for testing at the LBETS must be identical, in all aspects including its machining, hardware and software details, to both shipboard configurations. Any deviations in the representative WESEEA controller or ADI at the LBETS will eliminate any benefits of installing training, test and support site. If the an actual WESEEA controller that exactly matches the shipboard AWE configuration on the is not procured, the Navy’s Fleet and technical community will not be capable to reduce or eliminate system risk without impacting operating units on hull.

Since the AWE LBETS must match the exact specifications that are currently installed for the class, it is essential that the respective components of the AWE LBETS match exactly with the components currently on-board. The OEM (DRS) is the only provider and proprietor for these custom parts, which cannot be duplicated to the degree of detail necessary to serve the Navy’s purposes by another company. Therefore, it is crucial that any Controllers and ADIs be procured from the OEM, DRS.

The Technical Data Rights for this equipment are not available to the Navy, as the OEM has chosen to retain such rights. This hardware was designed and fully funded without Government funding and at private expense. NSCWPD Contracts Department contacted DRS to inquire about the Government obtaining the proprietary data rights. In response the NSCWPD Contracts Department was advised that DRS currently has no interest in release of the proprietary data rights. It has therefore been determined to procure the required services and equipment on a sole source basis with DRS because any competitive procurement aimed at fulfilling the subject requirement would require another company to develop identical technology to that already developed by DRS which may not even be possible and would, in any case, if possible result in a timely and cost prohibitive acquisition for the Government.

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

A Request for Information (RFI) was posted to FEDBIZOPS on 21 February 2018.

Additionally, a synopsis of this procurement was published on FEDBIZOPS on 28 February 2018. No contractors have responded to date. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any other contractor than DRS 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/services covered by this J&A are fair and reasonable, prior to award. The contractor will submit a formal price proposal with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. The contractor’s proposal will be reviewed by experienced technical analysts and contract specialists with the aid of necessary field pricing support. The PCO will use cost and pricing analysis as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Competition

DRS is the sole proprietor of the Controllers and ADIs required within this procurement.

NSWCPD will work in conjunction with DRS as a means to transfer technical knowledge, related to the engineering services involved, from the OEM to the Navy. However, for the reasons set forth in Paragraph 5, NSWCPD will assess whether competition for future requirements is feasible if potential sources emerge in the future.

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 acquisition planning data, including Acquisition Plan No. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL AND REQUIREMENTS COGNIZANCE:

Signature: Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined that this justification is legally sufficient.

Signature Phone No. Date

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.

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

Signature: