N64498-22-RFPREQ-PD-41-0009 JA (23 Mar 2023)_Redacted.pdf
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- Solicitation number
- N64498-22-RFPREQ-PD-41-0009
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This is a Justification and Approval (J&A) document for other than full and open competition from the Naval Surface Warfare Center, Philadelphia Division (NSWCPD) for a sole-source award to Johnson Controls Navy Systems (JCNS). The document justifies a Cost-Plus-Fixed-Fee Indefinite-Delivery Indefinite-Quantity contract valued at $13,308,194 for engineering and technical services supporting JCNS-manufactured air conditioning and refrigeration equipment over a 36-month ordering period with 48-month performance period.
The J&A cites 10 U.S.C. 3204(a)(1) as statutory authority, establishing JCNS as the only responsible source as the Original Equipment Manufacturer (OEM) since the 1980s. The scope includes modification, testing, analysis, installation, and in-service field support for air conditioning and refrigeration systems, including modular refrigeration units. The funding consists of $2,661,639 in RDT&E, $8,650,326 in OPN, and $1,996,229 in O&MN funds. A Request for Information was posted on SAM.gov on January 11, 2023, with JCNS being the only respondent. The company declined to discuss licensing their proprietary technical data rights to the government when approached on January 19, 2023.
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J&A Number: 0232-23-039-00.1 Code: 0232 PID No: N64498-22-RFPREQ-PD-41-0009
JUSTIFICATION AND APPROVAL
FOR USE OF OTHER THAN FULL AND OPEN COMPETITION
1. Contracting Activity
The Naval Sea Systems Command, Naval Surface Warfare Center, Philadelphia Division (NSWCPD), Code 0232.
2. Description of Action Being Approved
Award of a Cost-Plus-Fixed-Fee Indefinite-Delivery Indefinite-Quantity contract on a sole source basis to Johnson Controls Navy Systems (JCNS) (formerly York International, Inc.
(York)), 631 South Richland Avenue, York, PA 17401 for engineering and technical services in support of all JCNS manufactured air conditioning and refrigeration equipment. This contract is a follow on contract to N64498-18-D-4007.
3. Description of the Supplies/Services
The planned acquisition is to provide engineering and technical services in support of all JCNS manufactured air conditioning and refrigeration equipment. The engineering and technical services will include modification, testing, analysis, installation, in-service field support, and corresponding documentation for air conditioning and refrigeration systems based upon current Navy designs. This includes, but is not limited to, modification of modular refrigeration units (MRUs), air conditioning (ACs) systems and technology integration packages for existing Navy air conditioning and refrigeration systems; testing and qualification of modified AC and refrigeration systems; carryout engineering analyses; installation start-up services; in-service field services support and developing documentation for all system modifications including revising or new technical manuals and technical manual change pages, installation instruction, installation drawings; final configuration drawings, technical reports and trip reports.
Budgeted funds will include the appropriations listed in Table 1 below. The total estimated dollar value of the proposed acquisition is $13,308,194. The ordering period for this effort will be thirty-six (36) months with a forty-eight (48) month period of performance (PoP). The Government’s minimum needs have been verified by the certifying technical and requirements personnel.
DEPARTMENT OF THE NAVY
NAVAL SURFACE WARFARE CENTER
PHILADELPHIA DIVISION
5001 SOUTH BROAD STREET
PHILADELPHIA PA 19112-1403
IN REPLY REFER TO:
J&A Number: 0232-23-039-00.1
6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable
In accordance with the Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.302-1, a Request for Information (RFI) was posted to SAM.gov on 11 January 2023 with a closing date of 24 January 2023. Additionally, a synopsis of this procurement was published on the SAM.Gov on 12 January 2023 with a closing date of 25 January 2023. JCNS responded to the Sources Sought posting on 25 January 2023 confirming their intention to propose once the solicitation is released. No other responses were received. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any contractor other than JCNS to provide the required services.
7. Determination of Fair and Reasonable Costs
The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.
8. Actions to Remove Barriers to Competition
For the reasons set forth in Paragraph 5, NSWCPD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWCPD will assess whether competition for future requirements is feasible.
As this is a follow-on for services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(S-70)(ii).
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