S04_Post_Redacted_JA_SeismicSparkers.pdf

Department of the NAVY Naval Oceanographic Office

Contracting department 1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

J&A # JA-2021-017

JUSTIFICATION AND APPROVAL

FOR

OTHER THAN FULL AND OPEN COMPETITION

Authority: 41. U.S.C. 1901(e) Implemented by: FAR 13.501(a)

Pursuant to the Competition in Contracting Act (CICA) and in accordance with FAR 6.303-1 Requirements and FAR 6.303-2 Content, the justification incorporates sufficient facts and rationale to support the use of the statutory authority cited.

1. Contracting Activity.

This is a Justification executed by Naval Oceanographic Office (NAVOCEANO) Contracting Department.

2. Description of the Action Being Approved.

NAVOCEANO proposes to enter into a sole source contract award with Subsea Technologies, Inc. for Seismic Sparker Systems because they are the only eligible source.

3. Description of Supplies/Services.

NAVOCEANO Acoustics Department (NP5) has a requirement to acquire two (2) Marine Seismic Sparker Systems that shall be portable in design for roll-on/roll-off (RO/RO) missions aboard T-AGS 60 Class Oceanographic Survey Vessels. This total systems purchase is necessary for life cycle replacement. The special features sought through market research must be in accordance with the specifications in the Statement of Work (SOW). See P04_SOW_SeismicSparkerSystem for detailed specifications.

Estimated Dollar Value:

FY OMN OPN

Base 20 $434,123.00 Option 1 21 Option 2 22 Option 3 23 Option 4 24 Option 5 25 Option 6 26

Contracting department 1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

J&A # JA-2021-017

Option 7 27 Option 8 28 Option 9 29 Subtotals $434,123.00 Totals $434,123.00

4. Statutory Authority Permitting Other Than Full and Open Competition.

FAR 13.501(a) (41. U.S.C. 1901(e)) Only one source reasonably available.

5. Rationale Justifying Use of Cited Statutory Authority.

Only one source is reasonably available in accordance with FAR 13.501(a) because market research was conducted that found only one eligible vendor with an active or existing SAM registration. Therefore, there is no competition and this must be a sole source acquisition.

Comprehensive market research was conducted using multiple market research techniques as identified in the Market Research Report P06_MR_Rpt. Zero results were produced searching through DoD mandatory sources and NAVSUP suggested sources. However, an Internet search produced several vendors with apparent capabilities to meet the salient characteristics of the Government requirement: 1. Subsea Technologies, Inc.

(only United States vendor); 2. Applied Acoustic Engineering LTD (United Kingdom); 3. SIG France (France); and 4. Geo Marine Survey Systems B.V. (The Netherlands). However, the only vendor registered in SAM.gov is Subsea Technologies, Inc.

Therefore, there is no competition and this must be a sole source acquisition.

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

Market research was conducted in accordance with FAR Part 10, as mentioned in the paragraph 5 above. See P06_MR_Rpt of detailed results. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Subsea Technologies, Inc. to provide the required Marine Seismic Sparker Systems.

7. Determination of Fair and Reasonable Cost.

Before making an award, the Contracting Officer will determine that the proposed price is fair and reasonable based on one of the techniques identified in the Federal Acquisition Regulation (FAR), for example by conducting a comparison to the IGE and/or previous award price (FAR 15.404).

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVOCEANO has no plans at this time to compete future contacts for the types of supplies/services covered by this document. Prior to the award of future contracts, market research will be completed to determine if potential sources have emerged that will allow for competition.

Contracting department 1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

J&A # JA-2021-017

Based on market research, there are only a few vendors in the market that are available to make the portable equipment needed to conduct the mission. Most of the vendors are international and not registered to compete in U.S. Government contracts. One way to reduce barriers to competition in the future would be to inform international vendors of the registration requirement, so they may be qualified as eligible vendors in the future.

CERTIFICATIONS AND APPROVAL

CONTRACT SPECIALIST CERTIFICATION

I certify that the facts supplied by the requiring activity to ensure this J&A contains sufficient facts and rationale to justify the use of the specific authority cited is complete and accurate to the best of my knowledge and belief.

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical/Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW (Greater than SAT)

I have determined this justification is legally sufficient.

MAYNARD.ZAHRAH.KAI-IRIS.1242300277 Digitally signed by MAYNARD.ZAHRAH.KAI-IRIS.1242300277 Date: 2021.05.20 12:06:57 -05'00'

REMY.MARC.GEORGE.1230813929 Digitally signed by REMY.MARC.GEORGE.1230813929 Date: 2021.05.05 12:13:45 -05'00'

KLENA.JUDE.THOMAS.1039614894 Digitally signed by KLENA.JUDE.THOMAS.1039614894 Date: 2021.06.08 09:45:09 -04'00'

Contracting department 1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

J&A # JA-2021-017

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge and belief. To the extent that the J&A value not exceeding $700K, the Contracting Officer's signature below also represents approval of this J&A.

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the J&A value is over $700K but not exceeding $13.5M, the Competition Advocate's signature below represents approval of this J&A.

APPROVAL (>$13.5M)

Upon the basis of the above justification, I hereby approve, as Head of the Contracting Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority stated above.

COLLINS.ERICA.MICHELLE.1244637910 Digitally signed by COLLINS.ERICA.MICHELLE.1244637910 Date: 2021.06.08 10:40:19 -05'00'