Revised - NB483000-24-02832 JOFOC signed.pdf

Justification for Other than Full and Open Competition

Purchase Request No. NB483000-24-02832

I. Identification of the agency and contracting activity.

U.S. Department of Commerce, National Institute of Standards and Technology (NIST), Office of Acquisition and Agreements Management, Acquisition Management Division (AMD).

II. Nature and/or Description of the action being approved.

Noncompetitive purchase of noncommercial prototype products and services from A. L. Philpott Manufacturing Extension Partnership, doing business as GENEDGE Alliance.

III. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The NIST Hollings Manufacturing Extension Partnership (MEP) requires a series of prototype steel fabrication technologies and associated engineering services for application and insertion of the acquired technologies into U.S. Navy shipbuilding production at Newport News Shipbuilding in Newport News, Virginia. The application of the subject advanced manufacturing technology and associated engineering services will produce a replicable prototype and process for Advanced Weapons Elevator (AWE) trunk outfitting and grooming for insertion in the U.S. shipbuilding sector. The NIST MEP requires the prototype AWE work platforms and digital twin simulation model of AWE construction, the engineering services required to integrate the acquired technologies into the Navy aircraft carrier production facilities at Newport News Shipbuilding, and the documentation of the processes to acquire the prototype technologies and perform the engineering services required to insert the technologies into aircraft carrier production.

The estimated cost of this requirement is $1,800,000.

IV. An identification of the statutory authority permitting other than full and open competition.

41 USC 3304(a)(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

V. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

In accordance with the American Innovation and Competitiveness Act of 2017, Public Law 114-329 – January 6, 2017, NIST operates the MEP Program to provide assistance for the creation and support of manufacturing extension centers (MEP Centers) for the transfer of manufacturing technology and best business practices. The MEP Program objective is to enhance competitiveness, productivity, and technological performance in United States manufacturing through many approaches that include the following:

• the participation of individuals from industry, institutions of higher education, State governments, other Federal agencies, and, when appropriate, the Institute (NIST) in cooperative technology transfer activities;

• efforts to make new manufacturing technology and processes usable by United States-based small and medium-sized companies;

• the active dissemination of scientific, engineering, technical, and management information about manufacturing to industrial firms, including small and medium-sized manufacturing companies;

and

• the utilization, when appropriate, of the expertise and capability that exists in Federal agencies, other than the Institute, and federally-sponsored laboratories.

The activities of MEP Centers include the establishment of automated manufacturing systems and other advanced production technologies for the purpose of demonstrations and technology transfer, as well as the active transfer and dissemination of research findings and Center expertise to a wide range of companies and enterprises, particularly small and medium-sized manufacturers.

Title 10 U.S.C. 2521 authorizes the DoN to establish a Manufacturing Technology Program to, among other things, overcome barriers to the adoption of manufacturing processes and technologies developed by the covered institutes by the defense and commercial industrial base. The DoN entered into an assisted acquisition agreement with NIST, on behalf of MEP, for NIST to contract for technical assistance in addressing problems, bottlenecks, and constraints in the production of Navy Aircraft Carriers specifically in the outfitting and grooming of the AWE trunks during ship construction. In accordance with Title 10 U.S.C. 2521, the Department of the Navy (DoN) is authorized to engage with public and private sector partnerships and appropriate government programs and activities, including the NIST MEP, to overcome these manufacturing barriers.

The final deliverable for the aforementioned assisted acquisition, a prototype AWE work platform, shall be delivered to the aircraft carrier production facilities in Newport News, Virginia. In accordance with the referenced assisted acquisition, the work to be performed for this procurement must occur via a MEP Center; The MEP Centers operate in every U.S. state and in Puerto Rico. Each MEP Center has a regional focus; there is one such center in each state and in Puerto Rico. The MEP Centers considered must be able to service the location where the items procured are located, which is in Newport News, Virginia. The MEP Center that serves manufacturers and manufacturing facilities operating in the Commonwealth of Virginia is GENEDGE Alliance. Therefore, GENEDGE Alliance is the only responsible source, and no other supplies or services will satisfy this requirement.

VI. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

The contracting officer posted a notice of their intent to enter into a sole source procurement with GENEDGE Alliance (NIST-AMD-NOISS-F-24-11) on SAM.Gov on July 10, 2024, with a response date of July 15, 2024. The contracting officer received no responses to the notice.

VII. A determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The contracting officer will perform price analysis and will only award the purchase order if they determine the price to be fair and reasonable. The contracting officer anticipates being able to establish fair and reasonable pricing by utilizing historical data and their professional judgment.

VIII. A description of the market research conducted (see part 10) and the results or statement of the reason market research was not conducted.

In accordance with 10 USC 2521: Manufacturing Technology Program, the Department of the Navy (DoN) is authorized to engage the MEP to overcome barriers to the adoption of manufacturing processes and technologies developed by the covered institutes by the defense and commercial industrial base, particularly small and medium enterprises. The work to be performed will occur in accordance with the NIST– DoN interagency agreement previously referenced, ultimately using funding provided by the DoN to NIST MEP via that interagency agreement. As indicated in Section V above, the pool of potential, eligible contractors for this procurement is the particular MEP center within a given state. GENEDGE Alliance is the only MEP Center in Virginia. Therefore, GENEDGE Alliance is the only responsible source, and no other supplies or services will satisfy this requirement.

IX. Any other facts supporting the use of other than full and open competition.

GENEDGE Alliance has intimate familiarity with the DoN aircraft carrier production facilities at Newport News Shipbuilding. GENEDGE Alliance also serves and has intimate familiarity with the local manufacturing supply base in the commonwealth of Virginia that will be leveraged as subcontractors in the conduct of this work., X. A list of sources, if any, that expressed in writing, any interest in the acquisition.

None

XI. A statement of the action, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The AMD will closely scrutinize any requirements for subsequent acquisitions of this type of requirement and will ensure that any restrictions to competition are adequately supported and documented before conducting such an acquisition.

Technical And Requirements Personnel Certification:

I hereby certify that this justification is made in good faith and the supporting data and information are accurate and complete to the best of my knowledge and belief:

Adelwiza Lequin Contracting Officer’s Representative

XII. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Contracting Officer Certification:

Robert Singman Contracting Officer, NIST

Concur:

Joseph Widdup Competition Advocate, NIST

Approval:

Molly Shea Competition Advocate, DOC

41 USC 3304(a)(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.