B1.6 JNCP - Sole Source - REDACTED.pdf

1 Template March 2019

JUSTIFICATION FOR NON-COMPETITIVE PROCUREMENT (JNCP)

FOR ACTIO NS BELOW THE SIMPLIFIED ACQUISTION THRESHOLD ($150,000)

PR/Solicitation Number:

Code: 41130

1) Agency, Contracting Activity and Purpose: Naval Information Warfare Center (NIWC) - Pacific, Justification for Other than Full and Open Competition.

2) Description of the Supply or Service being procured, its intended use and anticipated/estimated value

a. Describe the product or service (provide make, model, product serial number/part number—include a spreadsheet if necessary).

Services to perform annual calibration of two Enhanced Position Location Reporting System (EPLRS) Test Sets. Raytheon Part Number 6139597-100, Serial Numbers 008 and 013. NIWC Pacific, as the In-Service Engineering Activity for the Amphibious Assault Direction System (AADS), was tasked by PEO Ships, PMS 377W to perform certification, testing, troubleshooting, alignment, software loading, firmware installation, and Cryptographic Modernization of the AADS program EPLRS assets for all installed systems as well as the Joint Integrated Communications Facility (JICF) assets. EPLRS Test Sets with current calibration are required to conform to the stated requirement.

b. What is its intended use or purpose?

Services are required to maintain the EPLRS Test Sets within standards in order for the AADS ISEA to properly maintain the approximately 400 AADS Program assets currently deployed throughout the Amphibious Fleet in AADS systems. Maintenance includes periodic recertification of EPLRS units, alignment of internal frequency standards, and verification of reported EPLRS malfunctions prior to requisitioning a replacement EPLRS units; a practice that avoids no-defect turn ins and unnecessary exchange costs.

c. What is the total estimated cost of this/these products or services (include any option periods, required delivery date/period of performance if applicable)?

The estimated cost of calibration is $13,475.00 per unit; the total cost is estimated to be $26,950.00.

3) Possible Authority for Non-Competitive Procurement

a. Sole/Limited Source Procurement ((Sole Source: Only one source exists with no known distributors of the required product or service. Only One Responsible/Capable Source IAW either FAR 8.405-6(a), FAR 13.106-1(b) or FAR 16.505(b)(2)).

b. Brand Name Requirement ((Brand Name: Only one manufacturer with multiple distributors (this justification covers only the portion of the acquisition which is brand name). Item Peculiar to One Manufacturer with multiple distributors/resellers/vendors IAW FAR 8.405-6(b), FAR 13.106-1(b) or FAR 16.505(a)(4)).

4) Reason for Non-Competitive Procurement

Unique or highly specialized requirement/Only one source reasonable available Exclusive Licensing Agreements Logical Follow-on to previously competed work The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed (identify systems and why other products are not compatible) Patent, copyright, or proprietary data limits competition (identify specifics and corresponding level of Government rights – if any)

2 Template March 2019

Direct replacement parts/components for existing equipment and similar parts/components will not meet Government requirements

End to End Engineering (For example, SSC Pacific supports engineering and/or development efforts for Program of Records and supplies are required from OEM.)

Testing (For example, SSC Pacific supports laboratory testing that must replicate shipboard/command environment without deviation.)

Software (Either license and maintenance renewals with compatibility and proprietary coding and data warranty requirements.)

5) Provide rationale and justification regarding the above selection.

Raytheon holds proprietary rights to the technology used in the EPLRS Test Set; as such, Raytheon is the only approved source to calibrate the EPLRS Test Set. Raytheon has given no indication that it will relinquish proprietary rights to EPLRS and EPLRS Test Set; therefore, no viable alternative exists.

6) Describe the Market Research conducted.

The Enhanced Position Location Reporting System radio and its waveform are Raytheon proprietary and the requisite knowledge to properly calibrate the associated EPLRS Test Set is available only to Raytheon. Any vendor possessing this requisite knowledge would be in violation of copyright and patent law and therefore ineligible to compete as a potential source for the requested service. A search of internet sources, trade journals, and other professional publication yielded no other source with capabilities to perform the required calibration. The Test Set calibrates communications security encryption devices; only exact calibration standards are authorized for use in its calibration; similar processes and/or procedures are not authorized for use in the calibration of communications security devices. This research was conducted from 1 April – 1 June 2019.

7) Any other information of facts supporting the justification to limit competition not described elsewhere on this form (i.e. international agreement). N/A

8) Provide a statement of actions that will be taken to remove or overcome any barriers to competition prior to any future procurements for this Supply or Service. N/A