Redacted JA Spencer Industries_Redacted.pdf

NCH 53.6-2 (MAR 2013)

J&A Number: DN-20-145 Code: 023

P.R. Number: TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Surface Warfare Center Dahlgren Division (NSWCDD), Contracts Department.

2. Description of the Action Being Approved

Award of a firm-fixed-price contract to Spencer Industries on a sole source basis for the procurement of fifteen (15) tie-downs with remotely releasable hooks.

3. Description of Supplies/Services

The Marine Corps Warfighting Laboratory Autonomous Littoral Connector (ALC) effort (supported by V33) seeks to develop and assess the use of autonomy to provide maneuver and sustainment from sea-bases and throughout the littorals with unmanned ship-to-objective/shore-to-shore connectors.

Spencer Industries developed and delivered an innovative tie-down under SBIR Phase II Contract No. N68335-14-C-0305.

This effort will require Spencer Industries to slightly modify the existing tie-down to allow autonomous ground and/or air vehicles, which are tied down for sea transit, a remote way of releasing their tie-downs before they can launch or autonomously roll off the ramp onto the beach. The Government requires the development and delivery of fifteen

(15) tie-downs with remotely releasable hooks by September 2020 to support a naval exercise test event.

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

The estimated cost of the proposed contract action is $409,756.

Funding Type FY20

RDTE $409,756

4. Statutory Authority Permitting Other Than Full and Open Competition

41 U.S.C. 1901, as implemented by the procedures in FAR Subpart 13.5.

5. Rationale Justifying Use of Cited Statutory Authority

The innovative tie-down developed and delivered by Spencer Industries under SBIR Phase II Contract No. N68335-14-C-0305 require minor modifications to incorporate remotely releasable hooks to meet the Government’s requirement. The required tie-downs must be compatible with existing equipment to include electrical, mechanical, functional, procedures, and operability. The testing conducted within V33 provides a comprehensive capability to perform system testing and evaluation. Technicians and engineers are trained on the performance, operation, and maintenance of these tie-downs. V33 currently uses the tie-downs accounting for over $1 million in development costs. Test plans and approved operating procedures contain details specific to the current configuration of the tie-downs. Tie-downs from another manufacturer would require reconfiguring infrastructure, retraining operators at an approximate cost of $33K to $35K per tie-down and revising numerous approved operating procedures at a cost of $10K per document, resulting in a substantial duplication of cost to the Government in excess of $750K that would not be recovered through full and open competition.

The initial requirement for an innovative tie-down was included under SBIR N113-172. Spencer Industries was the only company found technically acceptable. Additionally, in an effort to identify competitive interest, V33 engineers and technicians, as part of their market research, attend trade shows, participate in a variety of testing, conduct internet research, and read technical periodicals to maintain awareness of emerging trends in this field. Spencer Industries is the original equipment manufacturer (OEM) of the required tie-downs with no authorized resellers or distributors and owns the data rights.

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

The proposed acquisition was synopsized with a sources sought on the beta.SAM.gov website on 8 June 2020. To date, no responses have been received. Any responses received will be evaluated prior to award. A combined commercial synopsis/solicitation will be available to industry through the beta.SAM.gov website.

7. Determination of Fair and Reasonable Costs

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

Fair and reasonable price determination will be based on the fact that Spencer Industries recently offered the innovate tie-down to the public. This procurement is considered commercial in accordance with FAR 2.101 and FAR 13.5.

Additional market research will be conducted to compare cost/pricing information to comparable items. This information should be sufficient to support the fair and reasonable cost determination of this procurement.

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 (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.

TECHNICAL COGNIZANCE:

Signature Name (Print) and Title (Code) 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.

Upon the basis of the above justification, I hereby approve, as Contracting Officer, 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).

(TITLE OF APPROVING OFFICIAL)

Signature Name (Print) Date

BALDWIN.CHAD.ALL

EN.

Digitally signed by

BALDWIN.CHAD.ALLEN.

Date: 2020.07.01