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22 August 2022 MEMORANDUM Subj: LIMITED COMPETITION JUSTIFICATION TO ACQUIRE LCAC 100 PROTOTYPE SKIRT SPRAY SUPPRESSOR SYSTEM FOR LCAC 100 (ERP Requisition 1301______) 1. Identification of the agency ... 22 August 2022 MEMORANDUM Subj: LIMITED COMPETITION JUSTIFICATION TO ACQUIRE LCAC 100 PROTOTYPE SKIRT SPRAY SUPPRESSOR SYSTEM FOR LCAC 100 (ERP Requisition 1301______) 1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification.” This is a limited sources 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, on a limited competition basis, to acquire a prototype skirt spray suppressor system for the LCAC 100 Ship to Shore Connector. Competition will be limited to Avon Engineered Fabrications (AEF), 113 Street A, Picayune, MS 39466-5467 and SMR Technologies, 93 Nettie Fenwick Rd, Fenwick, WV 26202, two small business concerns. Recent LCAC 100 class operations have shown elevated levels of skirt spray. Contractor support is required to fabricate skirt spray suppressor assemblies. 3. A description of the supplies or services required to meet the agency’s needs (including the estimated value). The following item is being acquired: Item Part Number Qty Date Due Tube & Pillow Spray Suppressor Assembly 8677945-200 1 100 DAC* Side Inner Stability Finger Assembly 48967-001 48 100 DAC Tube & Pillow Spray Suppressor Assembly 8677945-200 1 60 DAEO** Side Inner Stability Finger Assembly 48967-001 48 60 DAEO *DAC means “Days After Award of Contract **DAEO means “Days After Exercising Option” The estimated value of this effort is approximately $249,000. 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 procurement will be funded by 2022 Shipbuilding and Conversion, Navy (SCN) funds. 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), 10 U.S.C. 2304(d)(1)(B). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements FAR 6.302-1(a)(2)(iii)(B). This requirement is unsuitable for full and open competition for the following reasons. Naval Sea Systems Command (NAVSEA) Weapon System Support Office tasked NSWC PCD to procure SSC Skirt Systems and provide to the SSC shipbuilder for the FY 2020 Continued Craft Construction Contract and spares for Government use during SSC Post Delivery Test and Trials (PDT&T). The qualifications to build the skirts were incorporated into the Amphibious Craft, Air Cushion Project Peculiar Document No. 802-6336529G, Skirt Material Characteristics and Requirements dated 8 June 2020 and Landing Craft, Air Cushion Project Peculiar Document NO. 802-6336530D, Skirt Fabrication Procedures dated 8 Aug 2013. The manufacturing of the SSC skirt systems is governed by two LCAC Project Peculiar Documents (PPDs) because of the unique material and fabrication requirements. PPD No. 802-6336529G governs the skirt system material characteristics and requirements. PPD No. 802-6336530D governs the skirt system fabrication and assembly procedures. SMR and Avon are the only contractors that meet the proper materials and processes delineated in PPD No. 802-6336529G and PPD No. 802-6336530D. In summary Avon and SMR are the only companies with the capabilities and in-house resident knowledge of the LCAC 100 skirts that can properly fabricate and integrate a Skirt Suppressor System onto the LCAC 100. 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, special features, administrative costs, etc.) to meet the Government’s needs. 6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted. As stated in paragraph 4 above, because of the highly specialized tooling and knowledge base resident with the two aforementioned approved vendors, no other vendors are capable to fulfil this requirement in a reasonable timeframe. A synopsis of this procurement in shall be posted to the Government point of entry SAM.gov. 7. Any other facts supporting the justification. None 8. 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. The proposed contracts will provide competition per the quantity of SSC skirt systems required for the SSC shipbuilder to conduct the FY 2021 Continued Craft Construction phase. Because of the highly specialized tooling and knowledge base resident with the two aforementioned approve vendors, there are currently no means to remove the barrier to full and open competition. Signature Page Follows. Supporting documents available on request to qualified vendors. Submit cage code, capabilities statement and past performance for similar work. Section F - Deliveries or performance F.O.B. 52.247-34 FOB Destination Section G 252.232-7003 WAWF Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 Wide Area Workflow Payment Instructions (Dec 2018) Section I – Contract Clauses 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (Oct 2019) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52-233-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.243-1 Changes Fixed-Price 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 52.246-26 Reporting Nonconforming Items (Jun 2020) 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) 252.204-7009 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 DEC 2015 252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support (May 2016) 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.211-7003 Item Unique Identification and Valuation (Mar 2016) 252.213-7000 Notice to Prospective Suppliers on Use of SPRS (Sep 2019) 252.225-7048 Export Controlled Items (Jun 2013) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.232-7017 Accelerating Payments To Small Business Subcontractors—Prohibition On Fees And Consideration (APR 2020) 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System 252.246-7008 Sources of Electronic Parts 252.227-7003 Data rights /Copyright Termination 252.247-7023 Transportation of Supplies by Sea (Apr 2014) 252.227-7037 Validation of Restrictive Markings on Technical Data 52.209-4 First article Approval-Government Testing 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) Section K Representations 52.204-8 Annual Representations and Certifications FEB 2016 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction (Feb 2016) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) Section L - Instructions Conditions and Notices to Bidders 52.217-5 Evaluation of Options (July 1990) 52.204-7 System for Award Management (Jul 2013) 52.211-14 Notice of Priority Rating Section M Evaluation based on Best Value- SPRS ratings, price and delivery terms. G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE (NAVSEA) (JUN 2018) This entire contract is firm fixed price. G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA) (OCT 2018) (a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time. (b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel - that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract. (c) The points of contact are as follows: (i) The Procuring Contracting Officer (PCO) is: See page 1, Block 24 (ii) The Contract Specialist is: Name: Vincent Tomasi E-mail: Vincent.j.tomasi@navy.mil Phone: 850-819-7308 The Administrative Contracting Officer (ACO) is: Not Applicable (d) The Contracting Officer’s Representative (COR) is the contracting officer’s appointed representative for technical matters. The COR is not a contracting officer and does not have the authority to direct the accomplishment of effort which is beyond the scope of the contract or to otherwise change any contract requirements. An informational copy of the COR appointment letter, which provides a delineation of COR authority and responsibilities, will be provided upon award of this contract. The Contracting Officer’s Representative (COR) is: Not Applicable (e) The Alternate Contracting Officer’s Representative (ACOR) is responsible for COR responsibilities and functions in the event that the COR is unavailable due to leave, illness, or other official business. The ACOR is appointed by the contracting officer; a copy of the ACOR appointment will be provided upon award of this contract. The Alternate Contracting Officer’s Representative (ACOR) is: Not Applicable (f) The Technical Point of Contact (TPOC) is the contracting officer’s representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables. The Technical Point of Contact (TPOC) is: Name: Email: (g) The Alternate Technical Point of Contact (ATPOC) is responsible for TPOC responsibilities and functions in the event that the TPOC is unavailable due to leave, illness, or other official business. The Alternate Technical Point of Contact (ATPOC) is: Not Applicable (h) The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The Ombudsman is: Not Applicable (i) The Authorized Ordering Person(s) for Per-Call Maintenance is responsible for issuing and maintaining records for any per-call orders for remedial maintenance placed under this contract. No per-call order shall be placed outside the scope of this contract and the cumulative total of all orders shall not be in excess of any not-to-exceed amount specified in the contract. Per-call orders shall not, in any way, modify any terms and conditions of the contract. (j) The Authorized Ordering Person(s) for Per-Call Maintenance is: Person(s) listed in (f) with approval from persons listed in ( c ) (i) and (ii). (k) The Contractor's point of contact for performance under this contract is: Name: E-mail: Address: See Block 9 Phone (End of Text) G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (JUL 2021) (a) The policy of this activity is to schedule periods of reduced operations or shutdown during holiday periods. Deliveries will not be accepted on Saturdays, Sundays or Holidays except as specifically requested by the [insert activity name]. All goods or services attempted to be delivered on a Saturday, Sunday or Holiday without specific instructions from the Contracting Officer or his duly appointed representative will be returned to the contractor at the contractor’s expense with no cost or liability to the U.S. Government. (b) The federal Government observes public Holidays that have been established under 5 U.S.C. 6103. The actual date of observance for each of the holidays, for a specific calendar year, may be obtained from the OPM website at OPM.GOV or by using the following direct link: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/. (c) Delayed Opening, Early Dismissal and Closure of Government Facilities. When a Government facility has a delayed opening, is closed or Federal employees are dismissed early (due to severe weather, security threat, security exercise, or a facility related problem) that prevents personnel from working, onsite contractor personnel regularly assigned to work at that facility shall follow the same reporting and/or departure directions given to Government personnel. The contractor shall not direct charge to the contract for such time off, but shall follow parent company policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal, delayed opening, or during periods of inclement weather, onsite contractors should monitor the OPM website as well as radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis. (d) When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site contractors shall continue working established work hours or take leave in accordance with parent company policy. Those contractor employees who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, or closings in accordance with the FAR, applicable cost accounting standards, and the company’s established policy and procedures. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary. The Contracting Officer will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy and procedures. (e) If you intend to visit the Contracts Office, it is advised that you call for an appointment at least 24 hours in advance. (f) The hours of operation are as follows: AREA FROM TO NSWC-PCD and/or NEDU 0700 1600* (g) All deliveries to the Receiving Officer, (See Delivery Schedule, Section F), shall be made Monday through Friday from 0700 to 1600 local time, unless otherwise specified. Deliveries will not be accepted after 1600. No deliveries will be accepted on federal government holidays. ***Note*** Trucks must gain access to the base prior to 1430. (End of text) G-242-W001 CONTRACT ADMINISTRATION FUNCTIONS (NAVSEA) (OCT 2018) (a) In accordance with FAR 42.302(a) all functions listed are delegated to the ACO except the following items to be retained by the PCO: ALL functions listed will be retained by the PCO. (b) In accordance with FAR 42.302(b), the following additional functions are delegated to the ACO: None (End of Text) L-204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (APR 2019) (a) NAVSEA may use a contractor to manage official contract files hereinafter referred to as "the support contractor", including the official file supporting this procurement. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein. (b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file management services are acquired will contain a requirement that (1) The support contractor not disclose any information; (2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files; (3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and, (4) In addition to any other rights the offeror may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed Protected Information, for the unauthorized duplication, release, or disclosure of such Protected Information. (c) Submission of a proposal will be considered as consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file management support contractor for the limited purpose of executing its file support contract responsibilities. (d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Offerors are free to enter into separate non-disclosure agreements with the file support contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the files or otherwise encumber the government. (End of Provision)