Signed_J A.pdf

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

IN REPLY REFER TO:

J&A No. 14-02

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

1. Contracting Activity. Naval Research Laboratory, 4555 Overlook Ave SW, Washington DC 20375-5000

2. Description of Action Being Approved. Award of a contract on a sole source basis for research and development (R&D), and engineering services in support of the XFC UAS Program from Oceaneering

International, Inc (OII).

3. Description of Supplies/Services. NRL Chemistry Division and Tactical Electronic Warfare Division require support in the development and engineering of platforms to test and deploy future tactical components and systems supporting the naval air, surface and subsurface fleet. This support will include development of capabilities and specifications, design, fabrication, and testing of components or systems to deliver intelligence, surveillance and reconnaissance (ISR), electronic warfare (EW) capabilities to the warfighter. These systems maybe unmanned air vehicles or manned/unmanned underwater platforms. OII has developed and demonstrated the ability to launch an extremely sophisticated unmanned aerial vehicle from undersea positions dependent upon the mechanized launch canister developed under the Sea Robin program.

The ordering period for this contract is from 1 May 2014 through 30 April 2017. Each task order will specify a delivery date for items ordered under this agreement.

Estimated Dollar Value

Type FY14 FY15 FY16 FY17 Total

RDT&E $1M $2.1M $2.1M $1.1M $6.3M

TOTAL $1M $2.1M $2.1M $1.1M $6.3M

4. Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 U.S. C. Section 2304 (c)(1), as implemented by the Federal

Acquisition Regulation (FAR) 6.302-1(a)(2)(iii), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Authority. NRL Chemistry Division and Tactical Electronic Warfare

Division awarded contract N00173-10-D-2004 to Oceaneering International, Inc. (OII) on 8 September 2010 for engineering and development of the Sea Robin platform. This contract was awarded on other than full and open competition basis, under the authority of FAR 6.302-1, Only One Responsible Source and No

Other Supplies or Services Will Satisfy Agency Requirements. Under this contract, OII developed and demonstrated the ability to launch an extremely sophisticated unmanned aerial vehicle from undersea positions dependent upon the mechanized launch canister developed under the Sea Robin program. However, the Government failed to require OII to deliver a technical data package with sufficient information suitable for full and open competition.

The time it would take for a Contractor other than OII to reverse engineer the current Sea Robin system, including the specialized containers, stabilizers, elevators, tanks, and controllers which enable the storage, delivery and launch of the system would require approximately 21 man years at a cost of $7.5M.

This delay time and cost impacts the Government’s ability to meet its mission requirements because until the current design environment is fully understood, the Contractor would not be able to move forward into the next phase of development.

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

The proposed contract was synopsized on the FEDBIZOPS website on 29 November 2013 and only OII expressed an interest in this requirement. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than OII to provide the required supplies and services.

7. Determination of Fair and Reasonable Cost. The Contracting Officer will determine fair and reasonableness of supplies and services covered by this J&A based on historical cost and price data and rate verifications by DCMA and/or DCAA, as applicable.

8. Actions to Remove Barriers to Future Competition. The NRL Chemistry and Tactical Electronic

Warfare Divisions expect to obtain a technical data package that will support competition for future development of the Sea Robin System.