Sole Source to Maritime Arresting Technologies LLC for Boat-Stopper Performance Enhacing Package

The Naval Surface Warfare Center Panama City Division, FL (NSWC PCD) intends to award a sole

source, firm fixed price purchase order using simplified acquisition procedures to Maritime Arresting

Technologies, LLC, for the Boatstopper performance enhancing package which includes parts for

increased vessel stopping capability. This procurement is sole source for the following reason: Maritime

Arresting Technologies is the only US company that offers the vessel stopping system using drogues.

The enhancing components will be utilized during vessel stopping testing to determine the optimum

design for the developing MVSOT CDD requirement. If the enhancing package were not to be procured,

the development of another source would be required resulting in significant cost and schedule slip.

Delivery shall be no later than sixteen (16) weeks.

Identification of the agency and the contracting activity, and specificidentification oil the document as a "Limited  Source  Justification."

This is a sole source justification. Contracting activity is the Naval Sea Systems Command, Naval Surface Warfare Center, Panama City Division (NSWC PCD), 110 Vernon Avenue, Panama City, FL 32407-7001 (Contracts Department Code 02).

2.          Nature and/or description of the action being approved.

This action will award a firm fixed Price purchase order to Maritime Arresting Technologies LLC, 500 Anclote RD, Unit B, Tarpon Springs FL 34689 for Boatstopper performance enhancing package which includes parts for increased vessel stopping capability. These components will be included in planned drogue line testing at NSWC PCD for evaluation to meet Maritime Vessel Stopping Occlusion Technologies (MVSOT) Capability Development Document (CDD) requirements.

1. A description of the supplies or services required to meet the agency's needs (including the estimated value).

The contract effort is to acquire:

Description                                                                                         Part number                        Quantity

Boatstopper Performance Enhancing Package                   BSPEPl                                          1

The Boatstopper Performance Enhancing Package includes components that can be used to enhance the vessel stopping performance of the standard Boatstopper system offered by Maritime Arresting Technologies. These enhancing components will be utilized during vessel stopping testing to determine the optimum design for the developing technology. These components include alternate drogue size, reefing drogues, and drogues that change in shape

The Government's minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements. This acquisition will be conducted using simplified acquisition procedures with a total dollar Value above micro-purchase levels, but not exceeding the simplified acquisition threshold of

$250,000.00. All equipment will be delivered no later than after award of the order. The contract action will be funded with: FY20 Research, Development, Test, & Evaluation (RDT&E) reimbursable funds.

1. Identification of the justification rationale and, if applicable, a demonstration of the proposed contractor's unique qualifications to provide the required supply or service.

10 U.S.C. 2304(c) (1 - Only one responsible source and no other supplies or services will

satisfy agency requirements, FAR 6.302-1. The components being procured are in attempt to enhance the performance of an existing product in attempt to meet MVSOT CDD requirements. Maritime Arresting Technologies is the only US Company that offers the vessel stopping system using drogues. There is another vendor, but they are based out of the United Kingdom. Development of another source would be expensive in that the entire system would have to be engineered and produced. By purchasing the enhancing products from Maritime Arresting Technologies, the new products will be able to integrate completely with the existing Boatstopper system. Procuring this package allows NSWC PCD to utilize existing equipment, while allowing testing of a US based supplier.

1. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 13.106-1(b)

The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, reoccurring cost, administrative costs, engineering and redesign costs, etc.) to meet the Government's needs.

1. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted. Market research was performed when purchasing the original Boatstopper system from Maritime Arresting Technologies. There are currently only two companies that make the vessel stopping systems from drogues: Maritime Arresting Technologies and BCB International. BCB International is based out of the United Kingdom therefore the original Boatstopper system was purchased from Maritime Arresting Technologies. Since the development is focused on improving the performance of the existing system the additional components needs to be purchased from the same vendor to ensure the new components fully integrate within the existing system used in testing.

This requirement will be synopsized via posting on the Contract Opportunities Beta.SAM.gov website in accordance with FAR 5.2. No additional market research was conducted for the reasons specified in paragraph 4.

1. Any other facts supporting the justification. None
2. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

As stated in paragraph 4 above, Maritime Arresting Technologies is the only company that can meet the requirement.

F.O.B.

52.247-34 Destination

Section G  

252.232-7006 Wide Area Workflow Payment Instructions

52.232-12 Advance Payments

 

Section I – Contract Clauses

 

52.204-22 Alternative Line Item Proposal (Jan 2017)

52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015)

52.227-19 Commercial Computer Software License (Dec 2007)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

Preselected:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement (Jan 2017)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.233-3 Protest After Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.219-6, Notice of Total Small Business Aside (Nov 2011)

 

Required:

52.222-50 Combatting Trafficking in Persons (Mar 2015)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 

52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 

52.243-1 Changes Fixed-Price

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2015

252.213-7000 Notice to Prospective Suppliers on Use of PPIRS (JUN 2015)

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 

252.204-7003 Control of Government Work Product (Apr 1992) 

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016)

252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support (May 2016)

252.211-7003 Item Identification and Valuation

252.225-7048 Export Controlled Items (Jun 2013)

252.232-7010 Levies on Contract Payments (Dec 2006)

252.247-7023 Transportation of Supplies by Sea (Apr 2014)

252.246-7007Contractor Counterfeit Electronic Part Detection and Avoidance System

252.246-7008 Sources of Electronic Parts

Section K - Representations, certifications, and other statements of offerors or respondents

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction (Feb 2016)

Section L - Instructions Conditions and Notices to Bidders

52.204-7 System for Award Management (Jul 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.211-14 Notice of Priority Rating