Active

Contract Opportunity

This is not for competition this is Sole Source to NEWVAC

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Sole 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).

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

This action will award a firm fixed price purchase order, on a sole source basis, to NewVac LLC, 9330 De Soto Ave, Chatsworth, CA 91311-4926, for the acquisition of Armored Jumper Cable Assemblies.

1. A description of the supplies or services required to meet the agency’s needs.

The following items are being acquired:

Item Qty

Armored Jumper Cable Assembly 16

This acquisition will be conducted using simplified acquisition procedures. The Government's minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements.

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), 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).

Pursuant to Far 6.302-1, this procurement is sole source for the following reasons: Naval Surface Warfare Center, Panama City Division (NSWC PCD) A22 serves as the In-Service Engineering Agency (ISEA) for the AN/AQS-24 systems that are used by the fleet. The Armored Jumper Cable Assembly is an essential part of the system, without which this system cannot perform as intended. NewVac LLC (Cage 60118) has been the vendor of record for this item to the NAVSUP supply system for over 10 years. The only other CAGE of record, Northrop Grumman (Cage 31442) has continued to no-bid this item due to the low quantity needed. Moreover, due to the system’s scheduled taper and eventual shutdown in 2027, it is not advantageous for the government to attempt the search/qualifications of new vendors for this item. When purchasing direct from NewVac LLC, the lead time is 20 weeks. There are no assets available via the supply system and the procurement lead time via MILSTRIP/NAVSUP is 634.56 days. Due to these reasons, NewVac LLC is uniquely qualified to provide the Qty. 16 Armored Jumper Cable Assembly.

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, special features, administrative 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.

For the reasons specified in paragraph 4 above, NewVac LLC is the only source that can meet the Government’s needs. Additionally, this requirement will be synopsized on the SAM.gov website per FAR Part 5.2.

1. 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, NewVac LLC is the only source that can meet this requirement.

Section F - Deliveries or performance

F.O.B.

52.247-34 FOB Destination

52.247-29 Origin

Section G

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)

252.232-7006 Wide Area Workflow Payment Instructions

Section I – Contract Clauses

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.(Aug 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

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

52.204-22 Alternative Line Item Proposal (Jan 2017)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2020)

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)

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)

52.246-4 Inspection of Services

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 (Oct 2016)

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)

252.225-7048 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)

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

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

252.246-7008 Sources of Electronic Parts

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. (Jan 2018

52.252-1-Solicitation Provisions Incorporated by Reference (Feb 1998)

52.252-2-Clauses Incorporated by Reference (Feb 1998)

Section K – Representations

2.203-18 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)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.(Oct 2020)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

52.212-3 Alt 1 Offeror Representations and Certifications-Commercial Items (Mar 2020)

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

Section L - Instructions Conditions and Notices to Bidders

52.212-1 Instructions to Offerors—Commercial Items (Mar 2020)

52.204-7 System for Award Management (Jul 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.204-22 Alternative Line Item Proposal (Jan 2017)

52.211-14 Notice of Priority Rating

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (Mar 2018)

Attachments/Links