Redacted_Digital Periscope JA.pdf

IN REPLY REFER TO:

J&A Number: 22-TLM-015 Code: 70

PR #: 1300968392, 1300968374

1300968375

SOLE SOURCE JUSTIFICATION AND

APPROVAL FOR USE OF OTHER

THAN FULL AND OPEN

COMPETITION

JUSTIFICATION

1. Contracting Activity

Naval Sea Systems Command (NAVSEA), Naval Surface Warfare Center-Carderock Division (NSWCCD), Contracting and Acquisitions Department (Code 02).

2. Description of the Action Being Approved

NSWCCD intends to purchase forty-five (45) digital periscopes to be installed and used with the existing Submarine Multi-Mission Team Trainer (SMMTT), on a sole source basis. NSWCCD intends to award a firm-fixed price contract to NVIS, Inc.

(NVIS) 11495 Sunset Hill Road, Suite 106, Reston, VA 20190, who is the original equipment manufacturer (OEM) of the current digital periscopes used with SMMTT.

This justification document is in accordance with FAR 13.501(a).

The total estimated value of the acquisition is approximately $

3. Description of Supplies/Services

The proposed acquisition is for the purchase of forty-five (45) digital periscopes manufactured by NVIS. These digital periscopes are compatible with NSWCCD’s current use of an acoustic simulation cluster to support the Live Range Integration for Large Vertical Array (LVC) within SMMTT. These specific digital periscopes, in particular the associated hardware, support upcoming updates to SMMTT. For instance, these digital periscopes will support the required configuration necessary for the Agency’s site installations for the AN-SQQ89(A)V-15 Part Task Trainer (PTT) upgrade.

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

CARDEROCK DIVISION

9500 MACARTHUR BOULEVARD

WEST BETHESDA, MD 20817-5700

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. §2304(c)(1), “The property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency.” (FAR 13.106-1(b)(2)).

5. Rationale Justifying Use of Cited Statutory Authority

The digital periscopes contemplated with this procurement are necessary to upgrade and modernize SMMTT. Under task orders issued against Indefinite Delivery Indefinite Quantity (IDIQ) Contract Nos. N00167-15-D-0003 and N00167-19-D- 0004, Leidos, Inc. designed and developed SMMT using digital periscopes manufactured by NVIS to meet the fleet training system requirements. Specifically, the prototype for the digital periscope sought with this procurement was developed and manufactured under Purchase Order P010225795. This Purchase Order was issued by Leidos to NVIS under the original IDIQ contract N00167-15-D-0003. The Government needs to procure these specific digital periscopes to support the Agency’s planned efforts for site installations of the AN-SQQ89(A)V-15 Part Task Trainer (PTT) upgrade. These digital periscopes are a critical component to the overall update to SMMTT.

Market research reveals that there are no authorized resellers of this particular make and model of digital periscope. Further, the supplies required in this procurement are only available from NVIS.

Additionally, deviating from the use of this specific make and model of digital periscope in the Agency’s efforts to upgrade SMMTT will cause the Agency to incur an additional in re-development of the training system. Moreover, the Government will experience unacceptable schedule delays in delivering an updated training system, ultimately resulting in the fleet commandeer and sailors failing to complete required training to attain or maintain their fleet readiness status. Further, maintaining use of this particular make and model of digital periscope in SMMTT is in the best interests of the Government.

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

The Government conducted market research in accordance with FAR 10.002(b)(2)(vii), in order to determine whether the required digital periscopes were available from other companies aside from the original equipment manufacturer. The market research conducted by the Government consisted of an informal internet search, as well as inquires with various vendors in the commercial market place offering comparable products. The results of the Government’s market research revealed that NVIS is the only authorized seller of this make and model of digital periscope in the United States. The Government did identify other similar products offered by other companies; however, given the nature of the specific digital periscope sought with this procurement, coupled with the hardware compatibility issues posed with the Government’s efforts to update SMMTT, the Government determined that procuring NVIS’s product reduced risk and met the mission’s requirements.

Pursuant to FAR 13.501(a)(1)(iii), the Government will make this Justification available on the Government point of entry (beta.SAM.gov). The Government will ensure that the contract file will be documented as to any responses received from making the Justification available.

7. Determination of Fair and Reasonable Costs

In accordance with FAR 15.402, the Procuring Contracting Officer (PCO) shall ensure that all supplies and services provided under the anticipated order are procured at a fair and reasonable price. The Government will require the contractor to submit a formal price proposal and sufficient information to support the accuracy and reliability of the estimate. The PCO shall determine that the proposed order represents the best value (as defined in FAR 2.101) to meet the Government’s needs. The PCO will also rely on experienced technical experts, as well as information from prior procurements conducted by the Navy where the same (or comparable) devices were procured, when conducting the price analysis. This information will form the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Competition

NSWCCD will assess whether competition for future requirements associated with SMMTT is feasible. However, NSWCCD’s current requirement with updating SMMTT, specifically the procurement of these digital periscopes is a unique case, as described in Section 5 above. If future requirements involving SMMTT develop, the PCO will assess whether the circumstances surrounding the need to obtain the required supplies/services without full and open competition have changed in a manner to allow for competition in meeting those future requirements.

TECHNICAL AND REQUIREMENTS CERTIFICATION - (FAR 6.303-2(c)

I certify that the facts and representations under my cognizance, that are included in this justification and its supporting data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL AND REQUIREMENT COGNIZANCE;

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90)

I have determined that this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12)) / APPROVAL BLOCK (FAR 13.501(a)(2)(i))

I certify that this justification is accurate and complete to the best of my knowledge and belief. Upon the basis of the above Justification, I hereby approve the solicitation of the proposed procurement using other than full and open, pursuant to the authority of 10 U.S.C. §2304(c)(1).