J&A_Redacted.pdf

DEPARTMENT OF THE NAVY

N A V AL U N D E R S E A W A R F A R E C E N T E R D I V I S I O N

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I N R E P L Y R E F E R T O :

J&A Number: 19045.0 Control #: 192005 P.R. Number: 1300778843

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Undersea Warfare Center Division (NUWC), Code 02, Newport, RI.

2. Description of the Action Being Approved

Award of Purchase Order on sole source basis, for upgrade kits to upgrade obsolete Iver2 unmanned underwater vehicles (UUV) presently owned by NUWCDIVNPT. The upgrade kits will make the obsolete Iver2 UUVs functional again and allow NUWCDIVNPT to resume support of Unmanned System Cross Domain Command and Control (C2) research and experimentation for NUWCDIVNPT Code 25 and other Navy-wide activities.

3. Description of Supplies/Services

Purchase of three (3) Iver Unmanned Underwater Vehicles (UUV) upgrade kits from L3 OceanServer (vendor). The Iver upgrade kit is a vendor-provided part that brings a former unmanned system variant (Iver2), that is no longer sustained by the vendor, into compliance with the current variant of the unmanned system (Iver3).

Estimated Dollar Value Funds Type Estimate O/H (219)

Part # Description Technical Name/ Manufacturer

QTY Unit Price Total Cost

N/A Iver UUV Upgrade

L3 OceanServer 2

N/A Iver UUV Upgrade w/ sonar and

*ACOMMS

L3 OceanServer 1

TOTAL

*Acoustic Communications (ACOMMS)

4. Statutory Authority Permitting Other Than Full and Open Competition

The proposed action may specify sole source components using the procedures in FAR Subpart 13.5 and in accordance with 10 U.S.C.

2304 (c)(1), only one responsible source and no other type of property or services will satisfy the needs of the agency.

5. Rationale Justifying Use of Cited Statutory Authority

The Iver2 UUVs in NUWCDIVNPT’s possession were purchased ten

(10) years ago, and they comprise hardware components and primary software. The UUVs are RDT&E assets that have been used extensively for technology development and capability demonstrations, including over thirty (30) at sea-exercises around the globe. Critical development and demonstrations occur at the NUWC Narragansett Bay Test Facility, and this testing is directly tied to the attributes and resources of this unique government facility.

L3 OceanServer has gradually reduced support for the Iver2 UUV product since the release of the Iver3 UUV product in 2013. L3 terminated support for the Iver2 in late 2018. In 2018, NUWCDIVNPT determined that the three Iver2 UUVs could no longer be used in current technology development and scheduled Fleet demonstrations due to their technological and functional obsolescence. Although there continued to be a need for technology development and program demonstrations, the three Iver2 UUVs were no longer suitable to perform their previous function. There was and continues to be no funding available to replace them.

In 2018, L3 OceanServer (the sole manufacturer of the Iver unmanned underwater systems) initiated a one-time upgrade opportunity, to all current owners of the Iver2, which expires 30 SEP 2019. L3 OceanServer is the only vendor offering this upgrade for its brand name commercial items. Due to the highly specialized and proprietary nature of sophisticated unmanned underwater systems, no other vendor has a commercially available upgrade kit for the Iver2 UUVs that would meet the government’s minimum requirement to restore the obsolete Iver2 UUVs to functionality.

The L3 upgrade will restore the Iver2 vehicles to full function in a supported build. This restoration of the Iver 2 UUVS will allow NUWCDIVNPT to resume support of Fleet development and demonstration for the Unmanned System (UxV) Command and Control RDT&E programs, which are directly tied to a number of Fleet mission areas in Program Executive Office Submarines (PMS 425) and Program Executive Office Unmanned and Small Combatants (PMS 406).

Upon notice of the L3 OceanServer upgrade offer, NUWCDIVNPT has proceeded with requesting any remaining available funding to purchase the upgrade. The limited availability of funding is such that a purchase of new replacement units through a competitive acquisition is not an option. If the Government were to purchase new “replacement” units instead of upgrading the current units, the costs are several times the cost of purchasing the upgrade kits, depending on which vendor is selected. As an example, the cost for new Iver3 UUVs from L3 Ocean Server approach /vehicle. The cost of equivalent REMUS 100 UUVs from Hydroid is approximately , or for three, approximately 5 times the cost of the upgrades. The Government does not have sufficient funds or authority to purchase three (3) new UUVs. If the upgrade offer were not available, then the NUWCDIVNPT Iver2 UUVs would continue to remain “mothballed”.

The non-monetary impacts of not sole sourcing this procurement are additional program delays. If procurement through the upgrade program is not approved, the Government cannot resume the required testing with the UUVs. The Government would have to curtail the development and demonstration cycles associated with existing programs at NUWCDIVNPT and abandon new proposals targeted for FY20 with collaborating government Program Offices and agencies. The ability to upgrade the three (3) Iver UUVs will therefore allow for future program technology development and demonstrations, and as a result, brings value to the Government and maximizes the effectiveness and efficiency of required testing.

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

Based on market research, there are no other commercial or non-commercial sources for the upgrade of this equipment.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will conduct a price analysis in accordance with FAR Part 15.404 to ensure a fair and reasonable price is obtained.

8. Actions to Remove Barriers to Competition

The proposed acquisition of the Iver upgrades is based upon a limited time opportunity from L3 OceanServer offered to the limited group of existing owners of the commercial Iver2 UUV.

NUWCDIVNPT considers this a one-time purchase, with no planned future acquisitions. Therefore, there is no requirement to remove barriers to competition for any future acquisitions.

CERTIFICATIONS AND APPROVAL

CONTRACTING NEGOTIATOR IDENTIFICATION:

Name (Print) and Title (Code) Phone No.

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature and Date

Name (Print) and Title (Code) Phone No.

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

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

TECHNICAL COGNIZANCE:

Signature and Date

Name (Print) and Title (Code) Phone No.

REQUIREMENTS COGNIZANCE:

Signature and Date

Name (Print) and Title (Code) Phone No.

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Signature and Date

Name (Print) and Title (Code) Phone No.

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