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DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

IN REPLY REFER TO

J&A Number:DN-24-0116

PR: TBD

Code: E44

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Dahlgren Division (NSWCDD), Contracts Department

2. Description of the Action Being Approved

Award of a firm-fixed-priced delivery order under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) Government-wide acquisition contract (GWAC). The proposed order will be on a limited source basis for brand-name services, manufactured by Space Exploration Technologies Corp. (SpaceX).

3. Description of Supplies/Services

The NSWCDD, Integrated Engagement Systems Department (E), Test and Evaluation Division (E40), Potomac River Test Range (PRTR) Range Operations Branch (E44) requires the following renewals and data services:

Required Services

Qty Part Number Description

SPX-SL-SERVICE-

MOBILE-1TB

Starlink Mobile Monthly service starting upon award - 1TB data usage for Serial Number HPCP203361702401, Kit Number KITP00014144

12 SPX-SL-SERVICE-

MOBILE-1TB

Starlink Mobile Monthly service starting upon award - 1TB data usage for, Serial Number HPCP203591703601, Kit Number KITP00014138

SPX-SSH-

SERVICE-PREMIUM

StarShield Premium service starting 17 May 2024 - 5TB priority data usage for Serial Number HPCP208154900401, Kit Number KITP00107735

12 SPX-SSH-

SERVICE-PREMIUM

StarShield Premium service starting 17 May 2024 - 5TB priority data usage for

Serial Number HPCP2080386A2101, Kit Number KITP00107730

50 SPX-SL-OVERAGE-

MOBILE-100GB

SpaceX Starlink 100GB Overage

SPX-SL-OVERAGE-

PREM-100GB

SpaceX Starshield Premium 100GB Overage

SPX-SL-

ACTIVATION-FEE SpaceX Starlink Activation Fee

Optional Services

Qty Part Number Description

50 SPX-SL-OVERAGE-

MOBILE-100GB

SpaceX Starlink 100GB Overage

50 SPX-SL-OVERAGE-

PREM-100GB

SpaceX Starshield Premium 100GB Overage

SPX-SL-OVERAGE-

MOBILE-100GB

SpaceX Starlink 100GB Overage

SPX-SL-OVERAGE-

PREM-100GB SpaceX Starshield Premium 100GB Overage

50 SPX-SL-OVERAGE-

MOBILE-100GB

SpaceX Starlink 100GB Overage

SPX-SL-OVERAGE-

PREM-100GB

SpaceX Starshield Premium 100GB Overage

SPX-SL-OVERAGE-

MOBILE-100GB SpaceX Starlink 100GB Overage

SPX-SL-OVERAGE-

PREM-100GB SpaceX Starshield Premium 100GB Overage

50 SPX-SL-OVERAGE-

MOBILE-100GB

SpaceX Starlink 100GB Overage

SPX-SL-OVERAGE-

PREM-100GB

SpaceX Starshield Premium 100GB Overage

Delivery is requested 18 May 2024 or as soon as possible after receipt of the order to avoid a lapse in services.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

The total estimated cost of the proposed contract action is $344,900.00 for 12-months of service with optional services included for additional usage. Fiscal year 2024 Service Cost Center, Navy, funds will be provided for this procurement.

4. Identification of Exception to Fair Opportunity Process

41 U.S.C. §§ 4101 – 4106, as implemented in FAR 16.505(a)(4);

Requirements for use of items peculiar to one manufacturer.

5. Rationale Justifying Use of Cited Statutory Authority

The NSWCDD, E44 has a need to acquire renewals and additional priority network data access and 24/7 phone and email support coverage. This requirement is necessary due to the requirement to maintain a high state of readiness and robust redundancy with existing satellite communications systems utilized during operational missions to support the Conventional Prompt Strike Hypersonic program Broad Ocean Area effort. Starshield is a secured satellite network, focusing on direct delivery of processed Earth observation data, secure global communications enabled by inter-satellite laser links, and satellite buses for hosting a demanding payload for military or government purposes.

This specific brand satellite communication system is required to ensure compatibility and interface with existing equipment and capabilities and to obtain consistent data across past and future testing. The service must be compatible (form, fit, and function) with the currently installed infrastructure. Use of any other brand would require replacement of existing communication systems and possible re-work/re-design of existing interface resulting in additional costs in excess of $1,000,000.00. This additional cost is not likely to be recovered through full and open competition.

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

The required brand-name services are available from multiple authorized resellers under the NASA SEWP GWAC and solicitation will include all authorized resellers based on the required brand name products.

7. Determination of Fair and Reasonable Costs

The NASA SEWP GWAC does not establish the price for the required supplies. Therefore, the NSWCDD Contracting Officer will determine, using the procedures in FAR 15.4, that the order represents the best value to meet the Government's needs.

8. Actions to Remove Barriers to Competition

The proposed order uses the NASA SEWP GWAC and will be solicited and awarded in accordance with FAR Subpart 16.5 and the NASA SEWP ordering procedures. For the reasons set forth in Paragraph 5, NSWCDD’s Contracts Department has no plans at this time to compete future contracts for the type of equipment covered by this document. If another potential source emerges, the Contracts Department will assess whether competition for future requirements is feasible.

9. Contracting Point of Contact

The point of contact for this requirement is

Sharon Lathroum Contracting Specialist Sharon.a.lathroum.civ@us.navy.mil

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 16.505)

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.

Technical and Requirements Cognizance:

SHELLEY E. BUTLER, E44, IT SPECIALIST PHONE NO., DATE

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90)

I have determined this justification is legally sufficient.

NSWCDD LEGAL COUNSEL, 00L, PHONE NO., DATE

CONTRACTING OFFICER CERTIFICATION AND APPROVAL (FAR 16.505)

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

ANGELA BOWLING, CONTRACTING OFFICER, 026, PHONE NO., DATE