Redacted_J A.doc

J&A Number: 0222-15-049-00

J&A Number: 0222-15-049-00 Code: 02222

P.R. Number: 15-MJD-034

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, Carderock Division (NSWCCD), Code 325.

2.

Description of the Action Being Approved This is a sole source action to be awarded without providing for full and open competition. It is anticipated that the proposed contract action will be awarded to American Superconductor, 64 Jackson Road, Devens, MA 01434-4020. The subject requirement will be solicited as a Cost Plus Fixed Fee (CPFF) type contract with one (1) base year.

3.

Description of Supplies/Services This sole source justification pertains to the acquisition of engineering and technical services for the design xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx In Accordance With (IAW) FAR 6.303-2(c), the Government’s minimum needs have been verified by the certifying technical and requirements personnel. The estimated total dollar value of this procurement is $697,281.00. The base year Contract Line Item Numbers (CLINs) of the resultant contract will be fully funded at the time of contract award with Fiscal Year 2015 OMN type funds.

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 (FAR 6.302-1).

5.

Rationale Justifying Use of Cited Statutory Authority The HTS magnet design is based on equipment which was developed under various Navy contracts between 2004 and 2013 including N00014-08-M-0225 Phase I SBIR, N00014-08-C-0163 SBIR Phase II, and N65540-10-C-5007. These previous procurements were solicited and awarded on a sole source basis to American Superconductor. The Navy has already invested over $15,000,000.00, including Navy qualification testing, in related technology. 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 designs are exceedingly advanced over current industry technology. Pursuant to FAR 6.302-1, no other company can provide the necessary magnet system design because only American Superconductor has the knowledge of and experience in HTS Magnet systems for small craft applications and the applicable patents as listed above.

6.

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

The proposed required was synopsized on 16 March 2015 via posting on the Federal Business Opportunities (FedBizOps) website in accordance with FAR 5.2, notifying industry of the Government’s intent to purchase the required services from a sole source. To date, no other companies have expressed interest in competing for the required services. The contract file will be documented as to any responses received in response to the synopsis. 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 IAW FAR 6.303-2(a)(7), the Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by the subject J&A will be fair and reasonable.

8.

Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, Naval Sea Systems Command, Naval Surface

Warfare Center, Carderock Division (NSWCCD) 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, NSWCCD will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

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

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

COMBINED TECHNICAL AND REQUIREMENTS COGNIZANCE:

Jacob Kephart, Code 325, 215-897-8474

Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Gary Saladino, Code 00L, 215-897-1203

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.

Craig Wright, Contracting Officer, Code 02222, 215-897-8275 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) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Competition Advocate for the Procuring Activity:

Karen Gutmaker, Chief of Contracts, Code 02, 215-897-1562 Date

NCH 53.6-2 (MAR 2013)

FOUO

PAGE

NCH 53.6-2 (MAR 2013) FOUO

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