Redacted J_A.pdf

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-22-0149

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, Dahlgren Division (NSWCDD), Contracts Department

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a sole source basis for critical equipment to be used by the manufactured by The Durbin Group LLC.

3. Description of Supplies/Services requires a quantity of one (1) customized Enhanced Collection System (ECS) Permanent-Alteration (Perm-Alt) Cabinet Assemblies, model number DGM24210. The required delivery date is 31 January 2023 to meet Fiscal Year (FY) 2023 ship installations.

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

The estimated cost of the proposed contract action will be utilized for this procurement.

4. Statutory Authority Permitting Other Than Full and Open Competition

41 U.S.C. 1901 as implemented in FAR subpart 13.5.

J&A Number: DN-22-0149

NCH 53.6-2

5. Rationale Justifying Use of Cited Statutory Authority and is a keystone in the operational and evolving AAW area defense system.

The program office has tasked NSWCDD, , to collect In-Phase Quadrature (I&Q) data from both Side A&B of the SPY Radar. The ability to collect this data is critical to the improvement of performance models and event reconstruction in support of the program office’s mission. The Durbin Group will provide the required cabinet to accept system hardware and enhanced interface design to meet ship integration specifications in accordance with MIL-S-910E, Shock Grade B. Due to the long lead-time for production and the short time frame that ECS has to prepare for permanent installation onboard Aegis shore site in FY23, utilizing another brand of hardware would require a complete redesign of current hardware and software, as well as the need to certify and train on the new system resulting in an estimated $1,000,000.00, as well as an additional 24 months to deploy. The configuration must be compatible in all aspects of form, fit and function, and thus there can be no substitute. The proprietary nature of the system and the timeline required for ship installation limits the ability to promote competition.

In addition, if another company were to rebuild the qualified 14U collection cabinet and were to make modifications to this cabinet changing the shock profile, then additional testing would be needed to prove the new design meets 901-E standards which would be at least an additional cost of 650K. Furthermore, there would be at least a two year delay in schedule for another company to deliver a new design and for the government team to put this design through environmental testing. This delay would result in the ECS missing four ship install windows in FY23, which would then delay installing on these ships by a minimum of three years due to ship availability.

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

The NSWCDD has extensively worked with The Durbin Group LLC on the design and alterations needed for the Shock and Vibe testing under Purchase Orders

For any other vendor options to be explored, further testing would be required to have a better understanding of the performance capabilities of the potential alternative options. Until these evaluations take place in a laboratory environment, shore base test facility, and onboard US Navy ships, ECS would not be able to receive the necessary approvals in time for the shipboard installations.

The proposed contract was synopsized on the Federal Business Opportunities (FEDBIZOPPS) website on 28 February 2022 and only The Durbin Group expressed interest in this requirement. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than The Durbin Group LLC to provide the required equipment.

7. Determination of Fair and Reasonable Costs

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

8. Actions to Remove Barriers to Competition

The future plan is to have a contract in place for future procurements that would be competed. This process can take up to 18-24 months to complete, so in parallel, this procurement is being used to meet the deliverable and schedule from the program office. For the reasons set forth in Paragraph 5, Dahlgren Contract 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, Dahlgren Contract Department will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

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

Tonya Bussler, Code B61, Phone No., Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

NSWCDD Legal Counsel, Code 00L, Phone No., Date

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

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

Mirenda Robertson, Contracting Officer, 026, Phone No., Date