Redacted JA.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:

Code:

JUSTIFICATION AND APPROVAL

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 equipment to be used by

NSWCDD Dam Neck Activity (NSWCDD DNA), manufactured by Herrick Technology

Laboratories, Inc., doing business as HTL.

3. Description of Supplies/Services

A quantity of four (4) each HTLx-2U Miniature Quad VHF/UHF/Microwave Wideband Transceivers, part number HTLx2U-101100003, is required in order to provide a

Delivery is required within one hundred-eighty (180) days after receipt of the order.

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

The estimated cost of the proposed contract action is . Research, Development Test &

Evaluation (RDT&E) funds will be utilized for this procurement.

4. Statutory Authority Permitting Other Than Full and Open Competition

41 USC 1901 as implemented by the streamlined FAR 12.102 model deviation text, Restricting competition.

5. Rationale Justifying Use of Cited Statutory Authority

The required equipment was identified in order to

The source for this specific equipment has been selected to

. This equipment was identified as the only equipment possessing the form, fit, and/or function to match joint capabilities that the

. Herrick Technology Laboratories, Inc. is the only vendor to offer this system due to its sensitivity. There is and the original equipment manufacturer (OEM), HTL. The procurement of the equipment selected to

. If these items are not procured, the cost to the government to develop and produce equipment with matching form/fit/function could exceed $11 million dollars. It would cost around to build 30 units and the software involved would require a significant expenditure of labor between at a minimum due to the complexity of the software inherent to the system. This would also result in additional costs for operator training and an unacceptable delay in scheduling. This additional cost could not be recovered through full and open competition. Herrick Technology Laboratories, Inc.

is the manufacturer of this proprietary transceiver with no authorized resellers available, therefore, proprietary data limits competition.

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

Market research was performed through the review of previous procurements, performing internet searches, contacting the original equipment manufacturer (OEM), HTL, and obtaining a market research quote. This market research has shown that proprietary data limits competition. Herrick

Technology Laboratories, Inc., as the OEM, has verified that they hold proprietary rights for their devices. In addition, the OEM has confirmed that there are no authorized resellers available to provide the required proprietary equipment due to the customization of the components.

The proposed will be synopsized on the System for Award Management (SAM) website

(SAM.gov). No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than HTL to provide the required equipment.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

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

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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.

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

DORITHA J. NEWMAN, CONTRACTING OFFICER, , PHONE NO., DATE