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The Naval Surface Warfare Center Panama City Division, Panama City, Florida intends to award a sole source firm fixed price purchase order using simplified acquisition procedures to Florida Atlantic U... The Naval Surface Warfare Center Panama City Division, Panama City, Florida intends to award a sole source firm fixed price purchase order using simplified acquisition procedures to Florida Atlantic University, 777 Glades Road, Boca Raton, FL 33431-0991 for research, testing and characterization regarding diver thermal protection materials. This requirement is not suitable for full and open competition for the following reason. Florida Atlantic University has a joint patent with NSWC PCD on the material technologies that will be explored in this effort. Their intellectual property rights make them the sole contractor to work with for continued development of this particular material. All work is expected to be completed by 30 September 2021. Delivery will be F.O.B. Destination to the Naval Support Activity - Panama City, Receiving Office, Building 100, 101 Vernon Avenue, Panama City, FL 32407-7018. NAICS Code 541330 applies. Small Business Size Standard is $15M. PSC is AD94. MEMORANDUM Subj: SOLE SOURCE JUSTIFICATION FOR DEVELOPMENT FROM FLORIDA ATLANTIC UNIVERSITY 1. Identification of the agency and the contracting activity, and specific identification of 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 Florida Atlantic University, 777 Glades Road Boca Raton, FL 33431 (DUNS: 004147534 CAGE Code: 7B713) for the development of . 3. A description of the supplies or services required to meet the agency’s needs (including the estimated value). The requirement is to advance the development of an enhanced material for better protection, produce samples of potential materials and test their performance. Specifically, design elements to provide enhanced protection at depth by preventing material . These materials will be developed, tested and analyzed, and the results will be reported. Test samples will be supplied to the NSWC PCD for further evaluation. 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. The estimate is $197,801.23. The purchase action will be funded with funds provided by the Naval Innovative Science & Engineering program. 4. 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. Enhanced protection at depth is an extremely important asset for and current lose much of their capability . The NSWC PCD is developing an enhanced material that retains its properties which is also wearable, flexible and durable. Florida Atlantic University (FAU) has a joint patent with the NSWC PCD on one of the material technologies NSWC PCD intends to explore in this effort. FAU intellectual property rights make them the sole contractor to work with for continued development of this particular material. FAU has also worked with the NSWC PCD in the past to develop, produce and test some of the other technologies NSWC PCD will be exploring. FAU’s extensive past development and testing of these composite materials gives them unique knowledge and capability to continue maturing it. It is the intent of this effort to leverage the FAU/NSWC PCD patent and FAU’s composite knowledge to develop an enhanced material for Navy use. Although other material designs exist, there are no existing technologies that can provide similar properties as those that FAU has worked to develop without undergoing duplicative development and testing. Therefore, it is in the Government's best interest to purchase this continued technology development from Florida Atlantic University. 5. 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. This requirement will be synopsized on FEDBIZOPPS per FAR 5.2. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 4 above to substitute any other product. 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. As stated in paragraph 4 above, FAU is the only source with the knowledge and capability to produce and optimize the enhanced materials. In order for other organizations to produce a similar material that is equally optimized for this application, they would need to conduct costly and extensive optimization efforts and testing to demonstrate their success. And in that case, there is still no guarantee that another organization would be able to produce the same material property results that FAU has demonstrated. Furthermore, FAU shares a patent on one of these materials with NSWC PCD. Section C – Specifications Minimum Requirements for Access to Controlled Unclassified Information (CUI): Prior to access contractor personnel requiring access to DON controlled unclassified information (CUI) or "user level access to DON or DoD networks and information systems system security and network defense systems or to system resources providing visual access and/or ability to input delete or otherwise manipulate sensitive information without controls to identify and deny sensitive information" contractors must have clearance eligibility or submit an Electronic Questionnaire for Investigation Processing (SF 86) to NSWC PCD Security for processing and subsequent adjudication by the DOD Consolidated Adjudications Facility. Minimum Protection Requirements for Controlled Unclassified Information: Security classification guides (OPNAVINST 5513 series) and unclassified limited documents (e.g. FOUO Distribution Statement Controlled) are not authorized for public release and therefore cannot be posted on a publicly accessible webserver or transmitted over the Internet unless appropriately encrypted. Controlled Unclassified Information (CUI): Controlled unclassified information (CUI) is official information that requires the application of controls and protective measures for a variety of reasons and has not been approved for public release to include technical information proprietary data information requiring protection under the Privacy Act of 1974 and Government-developed privileged information involving the award of contracts. CUI is a categorical designation that refers to unclassified information that does not meet the standards for National Security Classification under Executive Order 13526 but is (a) pertinent to the national interest of the United States or to the important interests of entities outside the Federal Government and (b) under law or policy requires protection from unauthorized disclosure special handling safeguards or prescribed limits on exchange or dissemination. For Official use Only (FOUO) is a document designation not a classification. This designation is used by Department of Defense (DoD) and a number of other federal agencies to identify information or material which although unclassified disclosure to the public of the information would reasonably be expected to cause a foreseeable harm to an interest protected by one or more provisions of the FOIA. This includes information that qualifies for protection pursuant to the provisions of the Privacy Act of 1974 as amended. FOUO must be marked controlled and safeguarded in accordance with DoD 5200.01 Vol. 4 DoD Information Security Program: Controlled Unclassified Information (CUI) February 24 2012 Security of Unclassified DoD Information on Non-DoD Information Systems (DoD 8582.01) DoD policy: adequate security be provided for all unclassified DoD information on non-DoD information systems. Appropriate requirements shall be incorporated into all contracts grants and other legal agreements with non-DoD entities. Information Safeguards are applicable to unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems to the extent provided by the applicable contract grant or other legal agreement with the DoD. Information Safeguards Unclassified DoD information that has not been cleared for public release may be disseminated by the contractor grantee or awardee to the extent required to further the contract grant or agreement objectives provided that the information is disseminated within the scope of assigned duties and with a clear expectation that confidentiality will be preserved. Examples include: a. Non-public information provided to a contractor (e.g. with a request for proposal) b. Information developed during the course of a contract grant or other legal agreement (e.g. draft documents reports or briefings and deliverables) c. Privileged information contained in transactions (e.g. privileged contract information program schedules contract-related event tracking) It is recognized that adequate security will vary depending on the nature and sensitivity of the information on any given non-DoD information system. However all unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems shall minimally be safeguarded as follows: a. Do not process unclassified DoD information on publically available computers (e.g. those available for use by the general public in kiosks or hotel business centers) b. Protect unclassified DoD information by at least one physical or electronic barrier (e.g. locked container or room logical authentication or logon procedure) when not under direct individual control of an authorized user. c. At a minimum overwrite media that have been used to process unclassified DoD information before external release or disposal. d. Encrypt all information that has been identified as CUI when it is stored on mobile computing devices such as laptops and personal digital assistants compact disks or authorized removable storage media such as thumb drives and compact disks using the best encryption technology available to the contractor or teaming partner. e. Limit transfer of unclassified DoD information to subcontractors or teaming partners with a need to know and obtain a commitment from them to protect the information they receive to at least the same level of protection as that specified in the contract or other written agreement. f. Transmit e-mail text messages and similar communications containing unclassified DoD information using technology and processes that provide the best level of privacy available given facilities conditions and environment. Examples of recommended technologies or processes include closed networks virtual private networks public key-enabled encryption and transport layer security (TLS) g. Encrypt organizational wireless connections and use encrypted wireless connections where available when traveling. If encrypted wireless is not available encrypt document files (e.g. spreadsheet and word processing files) using at least application-provided password protected level encryption. h. Transmit voice and fax transmissions only when there is a reasonable assurance that access is limited to authorized recipients. i. Do not post unclassified DoD information to website pages that are publicly available or have access limited only by domain or Internet protocol restriction. Such information may be posted to website pages that control access by user identification and password user certificates or other technical means and provide protection via use of TLS or other equivalent technologies during transmission. Access control may be provided by the intranet (vice the website itself or the application it hosts) j. Provide protection against computer network intrusions and data exfiltration minimally including: (1) Current and regularly updated malware protection services e.g. anti-virus anti-spyware. (2) Monitoring and control of both inbound and outbound network traffic (e.g. at the external boundary sub-networks individual hosts) including blocking unauthorized ingress egress and exfiltration through technologies such as firewalls and router policies intrusion prevention or detection services and host-based security services. (3) Prompt application of security-relevant software patches service packs and hot fixes. k. Comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g. medical proprietary critical program information (CPI) personally identifiable information export controlled) as specified in contracts grants and other legal agreements. l. Report loss or unauthorized disclosure of unclassified DoD information in accordance with contract grant or other legal agreement requirements and mechanisms. m. Do not use external IT services (e.g. e-mail content hosting database document processing) unless they provide at least the same level of protection as that specified in the contract or other written agreement. Operations Security Operations Security (OPSEC) is concerned with the protection of critical information: facts about intentions capabilities operations or activities that are needed by adversaries or competitors to bring about failure or unacceptable consequences of mission accomplishment. Critical information includes information regarding: - Operations missions and exercises test schedules or locations; - Location/movement of sensitive information equipment or facilities; - Force structure and readiness (e.g. recall rosters); - Capabilities vulnerabilities limitations security weaknesses; - Intrusions/attacks of DoD networks or information systems; - Network (and system) user IDs and passwords; - Movements of key personnel or visitors (itineraries agendas etc.); and - Security classification of equipment systems operations etc. The contractor subcontractors and their personnel shall employ the following countermeasures to mitigate the susceptibility of critical information to exploitation when applicable: - Practice OPSEC and facilitate OPSEC awareness; - Immediately retrieve documents from printers assessable by the public; - Shred sensitive and Controlled Unclassified Information (CUI) documents when no longer needed; - Protect information from personnel without a need-to-know; - When promulgating information limit details to that essential for legitimacy; - During testing and evaluation practice OPSEC methodologies of staging out of sight desensitization or speed of execution whenever possible. Section F - Deliveries or performance F.O.B. 52.247-34 FOB Destination Section G 252.232-7003 WAWF 252.232-7006 Wide Area Workflow Payment Instructions 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 JUL 2013 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) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.243-1 Changes Fixed-Price with Alternate V (Apr1984). 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 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) 252.213-7000 Notice to Prospective Suppliers on Use of SPRS (Sep 2019) 252.225-7048 Export Controlled Items (Jun 2013) 252.227-7013 Rights in Technical Data--Noncommercial Items. (FEB 2014) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.247-7023 Transportation of Supplies by Sea (Apr 2014) 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) 52.209-11 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 52.204-7 System for Award Management (Jul 2013) 52.211-14 Notice of Priority Rating