NATSC Bridge Justification and Approval - Redacted.pdf

NCH 53.6-2

DEPARTMENT OF THE NAVY

N A V A L 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: 21008.0 P.R. Number: 1300890544

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command (NAVSEA), Naval Undersea Warfare Center Division, Newport (NUWCDIVNPT), Contracts Department, Code 02.

2. Description of the Action Being Approved

Award of a Cost-Plus-Fixed-Fee (CPFF) and Cost Only bridge contract on a sole source basis to Leidos, Inc., 1750 Presidents Street, Reston, VA 20190-5661. The bridge contract will provide continuity of Fleet critical services in support of the Naval Array Technical Support Center (NATSC) until the protest of award received under fair opportunity follow-on Request for Proposal (RFP) N66604-19-R-0182, awarded as a 5-year Indefinite Delivery/Indefinite Quantity (ID/IQ) contract, is resolved. In order to avoid the negative impacts of a lapse in coverage, as described in paragraph 5, the Government intends to issue a bridge contract. The award of the bridge contract is anticipated to occur on Friday, 13 November 2020 and will include a four and one-half (4.5) month base period. It will also incorporate a three (3) month option period if an unfavorable determination on the protest is made to allow for corrective action to be taken.

3. Description of Supplies/Services

Under this bridge contract action, the Contractor will perform engineering services for operation of the NATSC facility and provide the required material parts to manufacture, upgrade, repair, refurbish, diagnose, troubleshoot, test, evaluate, salvage and scrap towed arrays, towed array modules, towed array component parts, tow cables, tow cable component parts, towed array outboard cable assemblies, hoses, hose component parts, ancillary equipment and ancillary equipment component parts for all US Navy and Foreign Military Sales (FMS) towed array systems currently in service. Services under this task order include support of all towed array sonar programs for NUWC Newport’s Sensors and SONAR Systems Department. The contractor shall also be responsible for production engineering, technical and logistics support for US Navy and FMS towed array systems.

Estimated Dollar Value

Labor Hours

Labor Material Parts

Total

Total 154,467

The estimated dollar value of this action is . The funding provided for this procurement will be Foreign Military Sales (FMS), Operation and Maintenance Navy (OMN), Other Procurement Navy (OPN), Research Development Test and Evaluation (RDT&E), and Service Cost Center (SCC) funding.

The appropriation and rounded dollar amounts required are as follows:

Base Period (Approximately 4.5 Months)

FUND TYPE FY 21 TOTAL

FMS

OMN

OPN

RDT&E

SCC

TOTAL

Option Period (3 Months)

FUND TYPE FY 21 TOTAL

FMS

OMN

OPN

RDT&E

SCC

TOTAL

The duration of the base and option are supported by the schedule included in Section 8 as representing the Government’s minimum needs. In addition, the Government’s minimum needs have been verified by the certifying technical and requirements personnel, and are justified herein.

4. Statutory Authority Permitting Other Than Full and Open

Competition

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, only one responsible source and no other services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

Leidos, Inc. was competitively awarded SeaPort-e task order N00017814D7578/N6660417F3005 on 27 June 2017. The period of performance of the SeaPort task order ends on 15 December 2020.

However, due to continuous Fleet demand, all available hours will be 100% expended by 13 November 2020. The follow-on contract, N6660421DA000, was competitively awarded to Leidos, Inc. on 22 October 2020. This award has been protested to the

Performance by Leidos, Inc. is now stayed, as required by FAR 33.104(c).

Under FAR 6.302-1(a)(2), when services required by the agency are available from only one responsible source, and no other type of services will satisfy agency requirements, full and open competition need not be provided for. As the incumbent, Leidos, Inc. is the only known contractor that is in a position to accomplish NATSC’s mission to avoid the negative impacts of a lapse in coverage.

This determination is based on the fact that any other Contractor would need a minimum of thirty days to adequately transition from award to full operational tempo. Leidos, Inc.

is the only known company that has highly skilled personnel in place with the requisite skills and experience to perform starting 16 November 2020 at full operational tempo. The requiring activity does not possess sufficient manpower to perform the required services. Technicians in particular are in short supply.

Almost all of the government employees are support personnel in the area of program management and logistics. There are less than full time equivalent government engineering technicians. The facility will close if there is a lapse in services.

Without the contract, the NATSC facility would shut down. This would cause the Navy’s Intermediate Maintenance Activities (IMAs)

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

Offerors as Practicable

The synopsis for this proposed sole source bridge contract action was posted on the beta.SAM.gov website on 04 November 2020. No objections to the sole source contract action have been received to date.

A blanket waiver for the requirement to post a request for information or sources sought notice for as required by PGI 206.302-1 has been authorized for all bridge contract actions by SEA 02 in a memo dated 15 September 2015.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the services covered by this J&A will be fair and reasonable.

The Contracting Officer will use cost and/or price analysis to support the determination of a fair and reasonable price. The Government will rely heavily on historical information as well as a comparison to rates proposed by Leidos under the protested competitive requirement.

Certified cost or pricing data will be obtained.

8. Actions to Remove Barriers to Competition

There are no known barriers to competition. This sole source procurement is due to a protest following a competitively awarded contract. The following milestones identify the schedule of events addressing the protest allegations:

Milestone

Estimated or Actual Completion Date

Follow-On Contract Awarded GAO Protest Received Date Requirement for Bridge Contract Identified Agency Report Due to GAO Current Contract Period of Performance (POP) End Bridge Contract Period Start Supplemental Protest Grounds Received Agency Report Due to GAO (Supplemental) GAO Protest Decision Due GAO Protest Decision Due (Supplemental) Suspension of Performance Lifted 30-Day Transition Period Begin Date Bridge Contract Period End Date

The following option milestones are incorporated if an unfavorable determination on the protest is made to allow for corrective action to be taken:

Milestone Estimated Completion Date Option 1 Period Begins Suspension of Performance Lifted 30-Day Transition Period Begins Option 1 Period Ends Follow-on Contract Performance Begins

CERTIFICATIONS AND APPROVAL

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, including Acquisition Plan No. 14059.2, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

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

REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

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.

ADVOCATE FOR COMPETITION CONCURRENCE

I concur with the justification for solicitation of the proposed procurement(s) described herein using other than full and open competition.

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

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Designee of the Head of 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).