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JA No. 20-1936

Sole Source Justification Under the Authority of the FAR 13.5 Simplified Procedures for Certain Commercial Items

41 U.S.C. 1901

Justification for Other Than Full and Open Competition

FAR 13.501

Project/Program Name: Phantom Products, Phantom Console 10 and Phantom Test Stand

Component/PEO/Other: COMNAVSPECWARCOM Estimated Contract Cost (including options): $600,000 .

Type: (Individual or Class )

JA No.

20-1936

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1)) Agency: USSOCOM

Contracting Activity: COMNAVSPECWARCOM

2000 Trident Way, Bldg. 624

San Diego CA 92115-5599

2. Description of Action: (FAR 6.303-2(b)(2)) Bridge Action: Yes No

The Government intends to issue a sole source order to Cobham Mission Systems Orchard Park Inc., of Orchard Park, New York (CAGE: 04577). Phantom Test Stand (PN: B47463-1), quantity one, and Phantom Console 10 (PN: CT03512-1) quantity 1. Resulting Order will include options for increased quantities of 2 each per item purchased. Initial order will be funded utilizing FY20 Operations and Maintenance (O&M) Funding. Option quantities, if exercised, will be procured utilizing the appropriate FY O&M funds.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3)) Navy Special Warfare Command (NSWC) personnel participating in the Navy Parachute Course (NPC) are required to participate in a specific number of high altitude jumps with oxygen. In order to accommodate this training requirement, Naval Special Warfare Command

(NSWC) Advanced Training Command (ATC) has procured the Phantom Oxygen System.

Currently NSWC has over $1M worth of Phantom Equipment in stock for use. Items to be procured are Phantom Test Stand (PN: B47463-1) and Phantom Console 10 (PN: CT03512-1) in the quantities listed above. The Phantom Test stand is a piece of equipment used to test the Phantom Portable Oxygen System to include Parachutist Oxygen Mask (POM), Twin-53 bail-out bottles, Phantom Military Free Fall (MFF) jump bottles, and Phantom Portable Oxygen Console System. These systems are required to be tested every 90/182 days IAW NAVSEA MP No. 1170417BB-781-D-O-M.1 thru M.115 maintenance plans. The only authorized test stand to conduct this requirement is the Phantom Test Stand. The Phantom Console 10 is a subassembly of the Cobham Mission System consisting of the Parachutist Oxygen Mask (POM), and Phantom Military Free Fall (MFF) jump bottles that directly support the Naval Parachute Course. USSOCOM 350-3 States that Oxygen procedures must involve detaching from console on board an aircraft in-flight, and is considered a critical task. NSWATC Air Department currently has no working O2 consoles to interface with Cobham Mission O2 systems i.e. Parachutist Oxygen Mask (POM), and Phantom Military Free Fall (MFF) jump bottles. The test stand and console to be procured is manufactured by Cobham Mission Systems Orchard Park Inc., and no known authorized resellers exist. Alternate sources are not available and procurement and testing of an alternate oxygen system is not feasible at this time.

4. Authority Cited: (FAR 6.303-2(b)(4)) This sole source acquisition is being conducted under the authority of the simplified acquisition procedures for certain commercial items at 41 U.S.C. 1901, as implemented by FAR 13.501(a).

5. Reason for Authority Cited: (FAR 6.303-2(b)(5)) FAR 13.106-1(b)(1)(i) exclusive licensing agreements. Products are proprietary to Cobham/Carleton Technologies INC. Mission Systems Orchard Park Inc., of Orchard Park, New York. Cobham /Carleton Technologies INC owns all intellectual property and all rights pertaining to the family of Phantom products. No known authorized resellers exist.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6)) The notice will be posted with the solicitation as it cites a brand name.

A notice will be posted within 14 days of contract award (30 if based on urgency).

The notice was not publicized as required by FAR 5.2. If a notice was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was: .

7. Market Research: (FAR 6.303-2(b)(8)) Cobham is the manufacturer of the the oxygen system and equipment required to be procured under this action. No authorized after market test equipment or subassemblies compatable with the POM O2 system. The Government will continue to montior the market place for alternate sources.

8. Interested Sources: (FAR 6.303-2(b)(10)&(11)) Cobham Mission Systems Orchard Park Inc., of Orchard Park, New York (CAGE: 04577).

9. Other Authorities/Factors: (FAR 6.303-2(b)(9)) None.

10. Technical and Requirements Certification:

Approval Levels < $650K

Ech II APM

Ech III Dept Head or Above

Ech IV CO, XO, CMC

Approval Levels $650K

Ech II ACOS/SA or Deputy

Ech III Commodore/ CO, CSO or CMC

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

NAME: LCDR Brian T. Bittner, Advanced Training Command

SIGNATURE:

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7)) I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on analysis conducted per FAR 13.106 as supplemented by

FAR 15.4.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12.Contracting Officer Certification (Approval Auhority):

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

NAME: John M. Knizner, Contracting Officer, N01C

SIGNATURE: