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• • J&A Number 10-10

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I hereby approve the issuance of the contractual action described below using 6.302-5, Authorized or Required by Statute, pursuant to the authority cited herein.

JUSTlFICA TION

1. Identification of Agency and Contracting Activity.

Office of Naval Research

2. Nature/Description of Action. This justification and approval authorizes and approves the issuance of an SBIR Phase ill firm fixed price contract that is derived from, extends, or logically concludes efforts performed under prior funding agreements and is authorized under 10 U.S.c.

2304(b)(2) or 41 U.S.C. 253(b)(2).

3. Description ofSupplies/Services. The estimated value of this effort is $49,992. Under this effort, the contractor shall design, develop, build test and calibrate five broadband single crystal transducers for acoustic modem demonstration. The technical knowledge needed to build these transducers has been developed exclusively by the proposed performer and is considered proprietary. .

4. Identification of Statutory Authority. The statutory authority permitting other than full and open competition is Title 10, U.S.C. 2304 (c)(5) as implemented by the Federal Acquisition Regulation (FAR) 6.302-5.

5. Demonstration of Contractor's Unique Qualification. The proposed performer provides the unique and required capabilities, experience of the principal investigatorlkey personnel, and possesses the necessary facilities for conduct of the proposed work.

6. Description of Efforts to Ensute Other Potential Sources Were Sought. The initial SBIR Phase I was submitted in response to SBIR solicitation number 2008.1 with a closing date of 9 January 2008, topic N08-063, and evaluated in accordance with the criteria set forth in the solicitation.

7. Determination of Fair and Reasonable Cost. The contracting officer intends to rely on information other than cost or pricing data, as the value of the effort does not meet the threshold for certified cost and pricing data.

8. Description of Market Survey. The initial SBIR Phase I was submitted in response to SBIR solicitation number 2008.1 with a closing date of 9 January 2008, topic N08-063 (Title: User Toolkit for Reducing Cost and Time in the Design of SONAR Systems Using Relaxor Piezoelectric Single Crystals), and evaluated inaccordance with the criteria set forth in the solicitation.

9. Any Other Supporting Facts. The only requirement for Phase ill efforts under the SBIR Program Solicitation is that "the small business is expected to obtain funding from private sector

., J&A NUMBER 10-10

't' and/or non-SBIR Government sources to develop the prototype into a viable product or non-R&D service for sale in military and/or private sector markets." This is funded with non.:SBIR funds.

10. Listing of Interested Sources. None

11. Actions Taken to Remove Barriers to Competition.

The competition for SBIRISTTR Phase I and Phase II awards satisfies any competition requirement of the Armed Services Procurement Act, the Federal Property and Administrative Services Act, and the Competition in Contracting Act. Therefore, an agency that wishes to fund an SBIR Phase III project is not required to conduct another competition in order to satisfy those statutory provisions.

12. Statement of Delivery Requirements.

1. Final Report

2. Five (5) Multi UUV Single Crystal Acomms Transducers

13. Total Estimated Dollar Value of the Acquisition Covered by this J&A: $49,992.00.

14. Reference to the Approved Acquisition Plan CAP) or Equivalent Documentation.

t;- . .. Not applicable

CONTRACT NUMBER NOOOI4-10-M-0238 2

http:49,992.00

• J&A NUMBER 10-10

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED BY FAR 6.303-2(b)

I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

Requirements Cognizance: (Program Officer/Contracting Officer's Technical Representative)

,9)-..."..J'~~ (£0) Zla.. \ 703' ("qC..Q5Sr o4!J..IJD Name an Title Code Phone Date

R~£.eements Cognizance: (Division Director or ..equivalent)

~JJJJ- . 22.\ 7(Je, br6 51'lJ u /lfR./O Name and Title Code Phone Date

CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR 6.303-2(a)(l2) certify that this justification is accurate and complete to the best of my knowledge and belief.

1h. r?d~. (!;,{tHn dt s,-z, 7&3 v, ~(; /OS't'f ?ff /lpv /0 Name and Title Code Phone Date

REVIEW BY COUNSEL (NAPS 5206.303-90)

~J)~'H '-1-30-10 Name Date

APPROVAL BLOCK REQUIRED BY FAR 6.304 (see FAR 6.304 and DFARS 206.304 for

Approving Official):

APPROVED:

(Signature) Date

CAPT John F. Couture Name and Title:

Director, AcquisitionlDirector, Business Operations and Services

CONTRACT NUMBER N00014-10-M-0238 3

I

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