1300408727_J A_Redacted.pdf

DEPARTMENT OF T HE NAVY

NAVAL UNDERSEA WARFARE CENTER DIVISION

1176 Howell Street

NEW PORT Rl 02141-1708

JUSTIFICATION AND APPROVAL

IN l'lEPLY l'lff E R TO

J & A # : 15023 . 0 Control # : 141957

ERP PR # : 1300408727

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1 . Contracting Act i vity

The Naval Sea Systems Command, Naval Unde r sea Warfare Center Division , Newport (NUWCDIVNPT) , Contracts Department , Code 02

2 . Description of the Action Being Approved

Award of an Indefinite Delivery , Indefinite Quanti ty (I DI Q) contract on a sole source basis to the Boe i ng Compa ny to support the continued development , upgrade , and appl~cation of the Encapsulated Harpoon Weapon System (EHWS) on Foreign M~lita ry submarines currently deployed , and planned for deployment . Current Foreign Military Sales (FMS) cases include Taiwan , South Korea , Japan , Australia , Pakistan , Egypt , Portugal , and Israel .

3 . Descri ption of Suppl ies/Services

In order to determine the technical feasibility o f EHWS , the contract or shal l furnish e ngi neering and t e ch nical service s in the followi ng areas : EHWS systems integ ration a nd support ;

systems design and analysis ; training and certification support ; Encapsulated Harpoon Certifi cation and Training Vehicle (EHCTV) and EHCTV Test Equi pment Gr oup support ;

enginee ring, I ntegrated Logi stlcs Support ; and , missile system improvement developme nt and integration .

EHWS programs i nclude EHCTV, the Encapsulated Harpoon Command and Launch System (EHCLS) , and the SeaDart/Air Expulsion Launch System .

Estimated Dollar Value

FY 16 FY 17 FY 18 FY 19 FY 20 Totals

FMS

Total L__ ____________ ~

The Government 's minimum needs are verified by the certifylng 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

5 . Rationale Justifying Use of Cited Statutory Authority

The Boeing Company is the design agent and sole proprietor of Advanced Harpoon Weapon Control System (AHWCS) technology .

AHWCS is a required interface for EHWS. Boeing is the only company that owns and has full proprietary rights and title to the data required for this contract. The Government may not release the EHWS data or obtain EHWS data without the permission of Boelng . This fact prohibits other companies from being able to perform the required tasks . The Government has no other option for EHWS support .

As part of integrat ion efforts provided by the United States Navy (USN) to FMS customers, Division Newport must work with the weapon manufacturer (Boeing) to evaluate test vehicle performance and determine the recommended launch envelope for the submarine . NUWCDIVNPT mus t also receive design information and hardware for testing new designs and resolving issues with systems ln-place. As the prime contractor for the Harpoon Cruise Missile (RGM-84L), Boeing has exclusive rights and access to both AHWCS and Harpoon data. In addition, Boeing is the only company with the necessary corporate knowledge, experience, and skill set to support the development , upgrade, and integration of the EHWS on foreign submarines . As such, Boeing is the only qualified company to successfully perform AHWCS and missile-related services in support of the EHWS program .

The services under this effort are deemed to be available only from the original source for this follow-on contract f or the continued provision of these highly specialized services because it is llkely that award to any other company will result in substantial duplication of costs to the Government since Boeing will have to provide data and training to another contractor . Th1s cost will not be recovered through competition because EHWS data and traini ng, which is necessary to educate another contractor and ensure adequate miss1le system support , will have to be procured directly from Boeing which will likely be an exorbitant cost to the Government. Second , award to another company is likely to result in significant delays in fulfilling the EHWS system support requirements while the EHWS data delivery and tra1ning phase takes place. These delays are unacceptable for in-service operations support to FMS customers .

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

As described above, only Boeing is eligible for this award due to the company 's unique ability to meet project requirements. A synopsis of this sole source requirement was posted to the Federal Business Opportunities webs1te. To date, a challenge to the sole source nature of this acquisit1on has not been received . In the event that a challenge is received, it will be brought to the attenti on to the Competition Advocate prior to contract award .

7 . Determination of Fair and Reasonable Costs

The Contracting Officer will determine prior to award that the negotiated cost plus fixed fee of the contract executed under this justification is fair and reasonable pursuant to FAR Subpart 15 . 4. Thi s determination will be documented i n a Business Clearance Memorandum that will be included in the contract file .

8 . Actions to Remove Barr1ers to Competit1on

For the reasons set forth in Paragraph 5, NUWCDIVNPT has no plans at this time to compete future contracts for the services detailed in this document. However, if another potential source emerges, NUWCDIVNPT will assess whether competition for future requirements is feasible .

J & A# : 15023 . 0 Control # : 141957

PR # : 1300408727

III. IDENTITY OF NEGOTIATOR:

IV.

A . CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR 6.303-2(a) (12) I certify that this justification is accurate and compl ete to the best of my knowledge and belief.

B. TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED BY FAR

6.303-2(b) I certify that the facts and representations under my cognizance, wh1ch are included in this justification and its supporti ng data, except as noted herein , are complete and accurate to the best of my knowledge and belief .

C. LEGAL SUFFICIENCY REVIEW (NMCAG 5206.303(90))

all

J & A# : 15023.0 Control # : 141957

PR # : 1300408727

D. COMPETITION ADVOCATE REVIEW AND APPROVAL (FAR 6.502 AND 6.304)

Upon the basis of the above justification, I hereby approve , sollcitation of the proposed procurement(s) using other than and open competition , pursuant to the authority of 10 U.S . C.

230\ .(C (1). /}I /J .i/A"~ 1.). ~ o/::/15'

Signature and Date the full

Denise Abraham NUWCDIVNPT Competition Type or Print Name Title

Code

401 - 832 - 6973 Phone