Spectrometer-JA-final-redacted.pdf

J&A Number: FY21-FEB18-15

“SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104”

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

J&A Number: FY21-FEB18-15 Code: 026R

Contracts Department - Form 13 (Rev 5/18)

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center Indian Head Division (NSWC IHD), Contracts Division, Code 026.

2. Description of the Action Being Approved

Award of a Cost Plus Fixed Fee Completion type contract on a sole source basis for servicing of an existing spectrometer owned by the US Government (proprietary technology of Block MEMS, LLC) to be ruggedized for field-use purposes, with additional technological upgrades to meet program demands.

3. Description of Supplies/Services

The NSWC IHD requires highly specialized engineering and technical expertise related to custom built instruments to evaluate deficiencies, engineer solutions, and demonstrate acceptable performance of these systems.

NSWC IHD requires system modifications to be made to an existing Government owned high performance spectrometer (HPS) to include size and weight reduction, spectral band expansion, system ruggedization, algorithm development, and implementation of a new detector cooler system.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

The total estimated cost of the proposed contract action is $3,794,000. The base period is 12-Months with two (2) option periods of 12-Months each to follow. Research Development Test& Evaluation (RDT&E) funding will be utilized for this procurement.

Estimated Dollar Value1 Fiscal Year

Fiscal Year

Fiscal Year

Totals

RDT&E $900,000 $1,774,000 $1,120,000 $3,794,000

Total $900,000 $1,774,000 $1,120,000 $3,794,000

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

This is a new requirement and is unsuitable for full and open competition for the following reasons:

This contract supports the advancement of the HPS through the teaming of NSWC IHD with Block MEMS, LLC. Block MEMS, LLC. is the only vendor capable of executing this work based upon their proprietary technology and expertise. As part of its ongoing research efforts, NSWC IHD’s Research Department maintains in-depth knowledge of the hyperspectral imaging (HSI) industry. This includes insight into the current state of the art spectrometers and companies that supply these systems. This knowledge is maintained through close ties with the industry, other DoD and government agencies performing similar research, and through routine reviews of relevant journals and attendance at symposiums and conferences.

Block MEMS, LLC provides laser-based infrared (IR) spectroscopy technology and has designed, developed and maintains a unique government-owned high performance

1 IAW NMCARS 5206.304(a) If the dollar value of the contract is negotiated at a level that exceeds the dollar threshold of the original justification approval authority, a new justification approval shall be obtained from the appropriate approval authority prior to award.

spectrometer (HPS), which contains custom designed quantum cascade laser (QCL) laser tuners and custom designed cameras. This approach provides superior detection performance. The HPS will be further modified and upgraded using Block’s technology. NSWC IHD will rely on Block MEMS, LLC to provide the newly advanced HPS as a final deliverable in support of current and future Science and Technology (S&T) efforts across the Navy, Department of Defense (DoD) and United States Government (USG). The HPS prototype was developed under the sponsorship of various organizations from the Intelligence Community (IC), United States Government (USG) and the Department of Defense (DoD).

Open competition or redesign will present tremendous risk to the capability of the Spectrometer, with a likely potential to degrade the development of the HPS prototype. The technology Block MEMs developed exists with no other company, it is proprietary to Block. HPS is now being transferred in place to the Navy, but since the technology is proprietary to Block, only Block can perform this work.

Given it’s sophistication, if the government were to re-solicit to other contractor’s it would take 3-4 years at $5,000,000. The estimated cost is to build a system such as the HPS, which does not include startup costs. This cost was based on the previous government contract IARPA held with Block MEMS, LLC. where the existing HPS prototype was built from the ground up, as well as NSWC’s regular interactions with the optical sensors community. NSWC has been working with spectrometers for two decades and is very familiar with these costs.

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

To further broaden market research and to satisfy the requirements of DFARS PGI 206.302-1(d), a Sources Sought notice was posted on beta.SAM.gov on December 15, 2020. The posting yielded no results.

As required by FAR 5.203, a pre-solicitation notice was publicized on the beta.SAM.gov website on January 26, 2021.

No responses were received.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the services covered by the J&A will be fair and reasonable.

The action to be taken to determine that the offeror’s proposed cost/price is fair and reasonable is the use of DCMA pricing assistance and/or DCAA audit of contractor’s proposal will be requested along with offeror’s certificate of current cost and pricing to support the fair and reasonable cost determination.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC IHD, Contract Code 026, has no plans at this time to compete future contracts for the type of service covered by this document.

If another potential source emerges, NSWC IHD will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL/REQUIREMENTS COGNIZANCE:

James Lightstone, R12JL, 301-885-6408, 04/08/2021 Signature Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90))

I have determined this justification is legally sufficient.

Signature Name (Print) and Title (Code) Phone No. Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

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

Signature Name (Print) and Title (Code) Phone No. Date

LIGHTSTONE.JAME

S.MICHAEL.136453

Digitally signed by

LIGHTSTONE.JAMES.MICHAEL.136

4539270 Date: 2021.06.16 10:22:26 -04'00'

JOHNSON.KARISSA.A.1551512157 Digitally signed by JOHNSON.KARISSA.A.1551512157 Date: 2021.06.17 18:19:37 -04'00'

BROWN.JAMIE.LOUISE.12634918

Digitally signed by

BROWN.JAMIE.LOUISE.1263491811

Date: 2021.06.21 12:01:03 -04'00'

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

(Competition Advocate for the Procuring Activity)

Signature Name (Print) Date

BROWN.RENEE.M.1229319147 Digitally signed by BROWN.RENEE.M.1229319147 Date: 2021.06.21 12:31:39 -04'00'