Sole_Source_J&A.docx

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

J&A NO: J&A13.501-17WR06

Estimated Cost: $550,025.00

On the basis of the following, I, as the Contracting Officer, hereby approve the use of a sole source proposed contractual action pursuant to the authority of :

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

1. The U.S. Department of Navy; Naval Research Laboratory Contracting Division proposes to enter into a sole source contract with KBRwyle Technology Solutions, LLC , under simplified procedures for certain commercial items included in FAR subpart 13.5.

2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

This sole source justification & approval authorizes and approves a sole-source, firm-fixed-price contract using procedures for certain commercial items in accordance with FAR Subpart 13.5 to KBRwyle Technology Solutions, LLC located at 7515 Mission Dr, Lanham, MD 20706-2267. This procurement is for a Laser Hazard Reduction System (LHRS).

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

This supply item required is a Laser Hazard Reduction System (LHRS) The LHRS is a commercial system that can control the operation of NRL Optical Test Facility laser beam blocks and inserts dependent on the status of external sensors for entryways, manual user control interfaces, and a radar aircraft detection unit to reduce the potential for accidental exposure to personnel or aircraft at ranges up to 22.6 nautical miles from a transmitted laser beam by either blocking or attenuating the beam to an eye-safe level.

Estimated Dollar Value

4. The statutory authority permitting sole source.

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

KBRwyle Technology Solutions, LLC is the sole designer, developer, and integrator of the Laser Hazard Reduction System (LHRS). KBRwyle is also the only known firm that possesses the technical data, drawings, and specifications necessary to fulfill the Government's requirements, especially with respect to operation of devices to reduce the exposure hazard from the NRL Optical Test facility laser systems. Given KBRwyle’s involvement with the design, development, qualification, manufacturing, and continuing improvements of the LHRS, KBRwyle has the original design intent, original engineering drawings, and the most recent design changes laser safety and aircraft detection for ground-based satellite laser ranging stations. In addition, much of the technical data, material, and development processes required to perform these services and/or hardware were developed by KBRwyle. The privately developed data, along with the corporate expertise associated with the LHRS are the sole property of KBRwyle.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in FEDBIZOPPS (as required by FAR 5.2) and, if not, which exception under 5.202 applies.

This requirement was synopsized on FedBizOps as a notice of intent to award a sole source contract with KBRwyle on 3/8/2017 on the basis of other than full and open competition for fifteen days. The notice closed on 3/23/17 and did not receive any interest from any companies regarding the special notice.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The Contracting Officer has determined that the anticipated price of $550,025.00 to the Government of the supplies covered by this sole source J&A to be fair and reasonable through the use of price analysis under FAR 15.404-1/13.106-3.

8. A description of the market research conducted and the results or the reason market research was not conducted.

The Small Business Deputy, Sue Kelly, at NRL assisted the requirements generator and the contract specialist in conducting market research for this requirement on 2/8/2017. She began by looking for any type of laser ranging safety systems. Some were found; however, they were removed from potential vendors because they were for small, ground to ground, or laboratory type lasers. There were two references to satellite ranging safety systems. One is a May 2011 briefing presented by J. Eckl, M. Ettl et al. for the Federal Agency for Cartography and Geodesy that included Laser Ranging System Safety equipment. This briefing said that the Honeywell (now KBRwyle) Laser Hazard Reduction System is the only officially approved system, but also noted that it was expensive and had "clutter" problems. This briefing also discussed a system called ADSB that was the only approved system for the European Aviation Safety Agency. This ADS-B system, the briefing noted, still required an active radar and was not "legally binding for usage in aircraft." The other is a book by Karl Schreiber entitled Safety Design for Space Operations, published March 2013, which states that the Honeywell (now KBRwyle) Laser Hazard Reduction System is typically used for Laser Ranging Systems especially in areas of high air traffic. The book suggests that the redundant passive aircraft transponder detection and active radar scanning are necessary to aircraft safety in areas near laser ranging systems. Upon further internet searching, she was not able to find any other product, commercial or in development, that can meet the LRS safety requirements.

9. Any other facts supporting the use of sole source.

None.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No sources have expressed in writing an interest in the acquisition. Alternative sources had an opportunity to show interest in this acquisition when the synopsis was publicized on FedBizOps for 15 days.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

NRL has no plans at this time to compete future contracts for a Laser Hazard Reduction System as this procurement is considered a one-time buy.

CERTIFICATION AND APPROVAL

REQUIREMENTS COGNIZANCE

I certify that the facts and representations under my cognizance that are included in this justification and that form a basis for this justification are complete and accurate. I understand that the processing of this justification precludes full and open competition.

3/23/17

LEGAL SUFFICIENCY REVIEW

On the basis of the justification, I determined that it is legally sufficient.

3/28/17

CONTRACTING OFFICER (IF > $150,000 AND <700,000): (Procurement Office use Only)

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. On the basis of the justification, I hereby approve the use of a sole source proposed contractual action pursuant to the authority of ☐ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

3/24/17

ACTIVITY ADVOCATE FOR COMPETITION APPROVAL (IF > $700,000 AND < $13,500,000):

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification does not exceed $13.5 million, this review serves as approval.

N/A

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO THE CONTRACTING OFFICER IDENTIFIED ABOVE.

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