ATTACH3-FY14_AMSC_LCS_Equip_JA_for_Sole_Source_Redacted.pdf

J&A Number: 4221-14-028-00 Code:

P.R. Number:

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

Naval Sea Systems Command, Naval Surface Warfare Center, Carderock Division (Code

2. Description of the Action Being Approved

This is a sole source action to be awarded without providing for full and open competition. The proposed contract action is a new firm fixed price (FFP), Indefinite Delivery Indefinite Quantity (IDIQ) contract to be awarded to the American Superconductor, 64 Jackson Road, Devens, MA 01434-4020.

3. Description of Supplies/Services

The proposed procurement is for various components of High Temperature Superconducting (HTS) Degaussing equipment for the . This program uses superconductors inside of cryogenic transfer lines in place of conventional copper cables to reduce overall system weight and costs. The HTS degaussing system consist of HTS cables with quick disconnect terminations, cryogenic refrigeration systems, cryogenic transfer lines, power supplies and system level controls that must be integrated into the existing American Superconductor proprietary system.

The HTS Degaussing program funded by the Littoral Combat Ship program PMS501 will require delivery of this equipment according to the scheduled installation for back fit on

. It is expected that equipment will be ordered on a five year IDIQ contract with delivery periods to correspond with ship availabilities. The estimated total dollar value of this procurement is $4,320,276.

Table 1 Estimated Contract Funding Requirements

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

CARDEROCK DIVISION

NAVAL SHIP SYSTEMS

ENGINEERING STATION

5001 SOUTH BROAD STREET

PHILADELPHIA, PA 19112-1403

IN REPLY REFER TO:

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.

10 U.S.C. 2304(c)(1), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Rationale Justifying Use of Cited Statutory Authority

The HTS Degaussing equipment to be purchased was developed under various Navy contracts during the period 2004 to 2011 including Phase I SBIR and

SBIR Phase II in which the Navy has already invested over $15,000,000.00 including Navy Qualification Testing. American Superconductor holds key patents for critical components of the system to be procured such as the HTS wire, HTS cable bundles, HTS quick disconnects, and cryogenic circulation systems as follows:

1. INTERFACE DEVICE FOR A HIGH TEMPERATURE SUPERCONDUCTOR

DEGAUSSING SYSTEM JUNCTION BOX, United States Patent Application 20090247411, October 1, 2009

2. SUPERCONDUCTING CABLE ASSEMBLY AND METHOD OF ASSEMBLY

International Application No PCT/US2009/03835, March, 26, 2009

3. METHOD AND APPARATUS FOR COOLING A SUPERCONDUCTING

CABLE United States Patent Number 7,453,041, November 18, 2008

4. COOLING SYSTEM FOR HTS MACHINES United States Patent Number 6,625,992, September 30, 2003

5. COOLING SYSTEM FOR HTS MACHINES United States Patent 6,347,522 February 19, 2002

6. DETACHABLE CRYOGENIC REFRIGERATION EXPANDER United States Patent 6,202,421 March 20, 2001

These required components are extremely advanced over currently used technology. No other company can provide the necessary components because only American Superconductor has the knowledge of and experience in HTS Degaussing equipment and the patents as listed above.

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

The proposed contract was synopsized via posting on the Federal Business Opportunities (FedBizOps) website on N/A in accordance with FAR 5.2. While to date no responses have been received to the synopsis notification, any responses obtained will be evaluated.

No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than American Superconductor to provide the required supplies.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated costs to the Government for the supplies/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, Naval Surface Warfare Center Carderock Division 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, Naval Surface Warfare Center Carderock Division will assess whether competition for future requirements is feasible.

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, including Acquisition Plan No. __N/A____, 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 (NMCARS 5206.303(90))

I have determined that this justification is legally sufficient.

Signature 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 Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Contracting 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).

TITLE OF APPROVING OFFICIAL

Signature Date