Wavemaker Justification and Approval Final Signed1_Redacted.pdf

J&A Number: N00167-24-SIMACQ-CD-89-0011 support services for the installation of the new software and firmware, commissioning support, and wavemaker tuning.

Appropriation by Fiscal Year (FY) FY25 Totals Capital Improvement Plan (CIP)

Total

Below is the Original Equipment Manufacturer (OEM) for the requisite software and firmware:

Edinburgh Designs, Ltd.

3 Edgefield Road Ind Est Loanhead, EH20 9TB United Kingdom

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C. §3204(a)(5). The head of an agency may use procedures other than competitive procedures only when – the agency’s need is for a brand-name commercial product for authorized resale. (FAR 13.106-1(b)(2)).

5. Rationale Justifying Use of Cited Statutory Authority

The supplies and services contemplated with this procurement consists of software and firmware, along with installation, commissioning, configuration, and tuning services to modernize the MASK Wavemaker, located in Building 18 at NSWCCD’s West Bethesda worksite.

Edinburgh Designs, LTD (ED), the OEM for both the Njord Wave Generation software and G8 Control Card firmware, also designed and installed the current MASK Wavemaker in 2013. Further, both the Njord Generation software and G8 Control Card firmware are the only software and firm with the requisite compatibility to operate the functionality of the MASK Wavemaker.

The Njord Wave Generation software and G8 Control Card firmware are proprietary to ED, and any necessary upgrades to the MASK Wavemaker will require access to the proprietary source code or information available from the OEM of the software and firmware. The software and firmware allows the operator of the MASK Wavemaker to define the wave that is required, and to control the movement of the paddles of the Wavemaker. Without this specific software and firmware, the MASK Wavemaker would be inoperable and NSWCCD would be unable to deliver any necessary upgrades to the MASK Wavemaker.

Although it is possible for NSWCCD to replace the current MASK Wavemaker through the procurement and install of a completely new wavemaker from a different vendor, the costs for such an effort are approximately $30M. The procurement of a completely new wavemaker will require two years of design and fabrication, as well as require the entire MASK Basin to shut down for approximately one year, to allow for the removal of the existing wavemaker, and to install the new wavemaker, to include any installation of associated hardware, software, and firmware. The procurement of a completely new wavemaker will result in unacceptable delays to ongoing projects of the Warfare Center that require the use of the MASK Carriage, MASK Basin, and MASK Wavemaker.

An upgrade and modernization of the existing MASK Wavemaker software and firmware is estimated to cost NSWCCD approximately and may only require the MASK Wavemaker to shut down for six weeks. Further, performing an upgrade to the existing software and firmware currently in use with the MASK Wavemaker is in the best interests of NSWCCD.

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

Offerors as Practicable

NSWCCD intends to issue a combined synopsis/solicitation, pursuant to FAR 12.603, and the notice will be posted to the SAM.gov website. The Government also conducted market research through an informal internet search and identified one authorized reseller of the specific brand name of software and firmware contemplated with this Brand Name Justification. The Government does note that other vendors offer the capability of providing Wavemakers.

Pursuant to FAR 13.501(a)(1)(iii), the Government will make this Justification available on the Government point of entry (SAM.gov), the Government will ensure that the contract file will be documented as to any responses received from making the Justification available.

7. Determination of Fair and Reasonable Costs

In accordance with FAR 13.106-3(a) the Procuring Contracting Officer (PCO) shall ensure that all supplies and services provided under the anticipated contract are procured at a fair and reasonable price. The Government will require the contractor to submit a formal price proposal and sufficient information to support the accuracy and reliability of the estimate. The PCO shall determine that the proposed order represents the best value (as defined in FAR 2.101) to meet the Government’s needs. The PCO will also rely on experienced technical experts, as well as information from prior procurements conducted by the Navy where the same (or comparable) devices were procured, when conducting the price analysis. This information will form the basis for a fair and reasonable price.

8. Actions to Remove Barriers to Competition

NSWCCD will continue to canvass the associated industries for wavemaker technology and wave generation software (via symposiums, conferences) for advancements with this type of product. If the capability of wavemaker technology changes, NSWCCD will reexamine its future needs for the MASK Wavemaker. NSWCCD intends to maintain open communications with the associated industries for wavemaker technology and wave generation software, as the needs of the Government evolve with technological advances.

If future requirements involving the MASK Wavemaker develop, the PCO will assess whether the circumstances surrounding the need to obtain the required supplies/services without full and open competition have changed in a manner to allow for competition in meeting those future requirements.

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 data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL AND REQUIREMENTS COGNIZANCE:

Signature Attorney, (Code) 00L Phone No. Date

CONTRACTING OFFICER CERTIFICATION (FAR 13.501(a)(2)(i))

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

Signature Sydney Mcdonald-Johnson, PCO 0233 757-773-0329 Date

APPROVAL BLOCK (FAR 13.501(a)(2)(ii) for a proposed contract exceeding $750,000, the Advocate for Competition approval)

MCDONALD-

JOHNSON.SYDNEY.MELVINA.140

8165845

Digitally signed by MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Date: 2024.08.28 10:25:45 -04'00'

Upon the basis of the above justification, I hereby approve, as 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).