Redacted_JA.doc

SBIR J&A 16-0536

SBIR J&A 16-0536

SMALL BUSINESS INNOVATION RESEARCH (SBIR) PHASE III

JUSTIFICATION & APPROVAL FOR USE OF

OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Lakehurst, NJ

2. Nature/Description of Action Being Approved.

This is a justification to award a Small Business Innovation Research (SBIR) Phase III Basic Ordering Agreement order to NP Photonics Incorporated, Tucson, Arizona.

NP Photonics Inc., Fibertek, Inc., and IRFLex Corporation were awarded SBIR Phase I contract numbers N68335-09-C-0460 on 14 September 2009, N68335-09-C-0461 on 14 September 2009, and N68335-10-C-0054 on 08 October 2009 respectively resulting from solicitation 09.2, Topic N103-210. Topic N103-210 was entitled “Novel Amplifier Materials and Technology for Ultrashort Pulse Lasers.” NP Photonics Inc. was subsequently awarded an SBIR Phase II contract number N68335-11-C-0035 on 03 November 2010.

Topic N103-210 sought the design and development of a 2-micron ultrashort pulsed laser

(USPL) system that uses scalable laser technology for advanced electro-optic and infrared countermeasure applications.

Phase I sought the development of a concept for a 2-micron USPL that is scalable to high average and high peak power.

Phase II sought the development, demonstration, characterization, and test of the design developed.

3. Description of Supplies/Services.

This Phase III effort derives from the Phase I and Phase II efforts described in paragraph 2.

The objective is to develop a powerful (P out > 1 W) and compact (V < 33 cm3) deep UV laser source with very narrow spectral linewidth ((( < 0.01 nm), high beam quality (M2 <1.2), and low frequency and intensity noise. The team will design and fabricate highly Tm-doped fluoride fibers, design and demonstrate Tm-doped fluoride fiber laser and amplifier at 480 nm, and design/demonstrate BBO-based resonant triangle cavity for second harmonic generation (SHG) of the 240 nm laser. The team will also develop single-frequency Tm-doped fluoride fiber laser and amplifier at 480 nm, develop 240 nm SHG laser subsystem based on BBO bulk crystal, complete the optical and mechanical design of the proposed 1 W deep UV laser source, and develop a 1 W deep-UV laser prototype meeting the metrics defined by Defense Advanced Research Projects Agency Laser UV Sources for Tactical Efficient Raman.

This effort will be N68335-16-G-0042, Delivery Order 0001.

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(5), as implemented by FAR 6.302-5: Authorized or Required by Statute.

15 U.S.C. 638(r)(1) states:

"In the case of a small business concern that is awarded a funding agreement for Phase II of an SBIR or STTR program, a Federal agency may enter into a Phase III agreement with that business concern for additional work to be performed during or after the Phase II period."

Furthermore, 15 U.S.C. 638(r)(4) states:

"To the greatest extent practicable, Federal agencies and Federal prime contractors shall issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology."

5. Demonstration that Proposed Contractor’s Unique Qualifications or Nature of Acquisition Requires Use of Authority Cited.

The nature of the acquisition requires the use of the authority cited. The SBIR/STTR Programs are structured in three phases. Phase I (project feasibility) determines the scientific, technical and commercial merit and feasibility of the ideas submitted. Phase II (project development to prototype) is the major research and development effort, funding the prototyping and demonstration of the most promising Phase I projects. Phase III (commercialization) is the ultimate goal of the SBIR/STTR Programs. Because the Phase III work derives from, extends, or completes efforts performed under Phase I and Phase II, use of the authority cited is required.

6. Description of Efforts Made to Ensure Offerors Were Solicited From as Many Potential Sources as Practicable/ Public Notification through Government Point of Entry (GPE).

The topic for this effort was included in the Department of Defense Program Competitive Solicitation issued under the SBIR Program. As described above, only NP Photonics Inc. is being considered for Phase III award due to the nature of the acquisition. In accordance with FAR 5.202(a)(7), this proposed contract action does not require public notification to the GPE.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine prior to award that the negotiated price of the contract executed under this justification is fair and reasonable pursuant to FAR Subpart 15.4. This determination will be documented in a Business Clearance Memorandum, which will be included in the contract file.

8. Description of Market Research or Statement of the Reason Market Research was not Conducted.

FAR 10.001(a)(2) indicates that market research appropriate to the circumstances must be conducted. SBIR Phase III procurements are such that traditional market research to identify alternative sources is generally unnecessary. As described above, the Phase III work derives from, extends, or completes efforts performed under Phase I and Phase II.

9. Any Other Supporting Facts.

Not applicable.

10. Listing of Interested Sources.

Not applicable.

11. Actions Taken to Remove Barriers to Future Competition.

The Contracting Officer anticipates that competitors will enter the market once the product is commercialized. It is likely that future acquisitions will be competed using full and open competition and commercial item acquisition procedures. The Contracting Officer is not aware of any specific actions that would further remove barriers to competition.

12. Period of Performance.

Base: 9 months

Option(s): None

14. Actions Attempted to Make Immediate Acquisition Competitive and Cost/Benefit Analysis No actions were attempted to make the immediate acquisition competitive; no cost/benefit analysis was performed. As described above, only NP Photonics Inc. is being considered for Phase III award due to the nature of the acquisition.

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