NSWC-PHD-JA-20-056-FY20-09722_FY20-13221_JA_FINAL_20210419_Redacted.pdf

J&A HUE: NSWC-PHD-JA-20-056

Code: L35

PMD Number: FY20-09722 and FY20-13221

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center Port Hueneme Division (NSWC PHD).

2. Description of the Action Being Approved

Award of a firm-fixed-price contract on a sole source basis for Flat Panel Displays (FPD), Part Number K3949205, Model Number FD361 to ScioTeq LLC.

3. Description of Supplies/Services

This contract will provide FPDs required to build the

The estimated value of the requirement is as shown in the following table. The requirement will be funded with Shipbuilding and Conversion, Navy (SCN) and Other Procurement, Navy (OPN). The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

FY21 FY22 Total Fund Type Quantity Extended

Price Quantity Extended

Price Quantity Extended

Price

SCN 106 65 171

OPN 347 221 568

Shipping Cost

1 1 Total 453 286 739

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1. Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority

The is assembled by items specified in the attached Drawing Number 874960, Item 5, Part Number 8749341 developed by Department of Navy, Naval Sea Systems Command, Washington Navy Yard, Washington, DC 20376-7012. Drawing Number 8749600 identifies the technical requirements the FPD must satisfy in order to be approved for use in the .

PMD Number: FY20-09722 and FY20-13221

ScioTeq, LLC recently acquired Esterline Technologies, which is the company identified as the suggested source of supply on Drawing Number 8749600.

Esterline Technologies (now ScioTeq, LLC) is the only source with the technical expertise and in-depth knowledge of the design of the Model Number FD361 FPD, Part Number K3949205.

Fielded systems installed on a United States Navy ship must first pass Environmental Qualification Testing (EQT) in accordance with DoD

5000.01. The cost to complete EQT to qualify the assembly as a whole, of which the FPD is a component, resulted in a cost to the Government of and took 1.5 years to complete. EQT requires the FPD to be assembled using the same configuration of components and assembled in accordance with the following directives:

Shock: MIL-DTL-901E

Vibration: MIL-STD-167-1A

EMI/EMC: MIL-STD-461G

DC MAG: DOD-STD-1399

Motion/Inclination: MIL-HDBK-2036

Temp: MIL-STD-810H

Noise: MIL-STD-1474E

Esterline Technologies FPD Part Number K3949205 is the only FPD that has passed EQT in compliance with the requirements and directives above.

ScioTeq, LLC acquired Esterline Technologies and the Government has verified that ScioTeq, LLC assembles the FPDs in the same way with the same components that are deemed to satisfy the EQT requirements without requalification.

Identifying another vendor capable of providing a technically compatible part and conducting EQT is estimated to cost the Navy approximately and take 1.5 years to complete. This estimate is based on the EQT conducted for Esterline Technologies in 2019 and 2020. This cost is not expected to be recovered through competition. A delay of this magnitude is unacceptable because the first are scheduled to be delivered to the Fleet in the fourth quarter of FY21, with 16 additional ship deliveries required in the first through third quarters of FY23. Conducting EQT for another vendor would create a delay in meeting these deadlines, which eliminates the Fleet’s ability to be mission ready for ships scheduled to receive the system.

PMD Number: FY20-09722 and FY20-13221

6. Description of Efforts Made to Solicit Offers From As Many Offerors as

Practicable

A Sources Sought Notice was published to beta.sam.gov on 27 April 2020. Two responses were received from the following vendors:

A review of the response received from revealed that they are not an authorized reseller of the FPD; therefore, technically capabilities are inadequate for the purposes of fulfilling this requirement.

Market research was conducted through Ability One, DOD ESI, GSA Advantage, Unicor, Fed Mall and Haystack and did not reveal any additional sources. No additional market research was conducted because it is not practicable, for the reasons discussed in Paragraph 5 above, for any company other than ScioTeq, LLC to provide the required supplies.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable.

The vendor's price will be determined fair and reasonable based on FAR 13.106-3(a) (iii) Current price lists, catalogs or advertisements and FAR 13.106-3(a)(2)(iv) Comparison with similar items in a related industry.

P/N, Item Name Quote #45147 (price validity extension through 4/30/21

Redacted Invoice #758507 dated 3/26/20

Redacted Sales Order

#MCA2XCHA*X

dated 8/16/19

Redacted Sales Order

#LCB3XCHX1X

dated 3/27/20

FY20

Price List (Qty 25-49)

FY21

Price List (Qty 25-49)

P/N FD-361

Flat Panel Display

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC PHD has no plans at this time to compete future contracts for the types of supplies covered by this document. If another potential source emerges, NSWC PHD will assess whether competition for future requirements is feasible.

PMD Number: FY20-09722 and FY20-13221

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 documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

COMBINED TECHNICAL AND REQUIREMENTS COGNIZANCE:

Code L35 Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

Date Assistant Counsel, Code 00L

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

Contracting Officer, Code 026 Date

APPROVAL BLOCK (FAR 6.304 for Approving Official):

Upon the basis of the above justification, I hereby approve, as Competition Advocate for 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).

CHIEF OF THE CONTRACTING OFFICE

Date