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                            NMCARS
                            ANNEX 1 - JUSTIFICATION AND         APPROVAL
        
                  NMCARS
NMCARS
Change Number: NMCARS Change 18-22 Effective Date: 07/11/2022
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ANNEX 1 - JUSTIFICATION AND APPROVALANNEX 1 - JUSTIFICATION AND         APPROVAL       **[Letter Head]**          J&A No. xxxxxxxx          (CLASS) JUSTIFICATION AND             APPROVAL          FOR USE OF OTHER THAN FULL AND             OPEN COMPETITION          1. Contracting             Activity.          _____________________________________________________________________________          _____________________________________________________________________________          **[Provide the minimum information needed to identify the                contracting activity. The contracting activity                generally should be the lowest-level organization with a Commanding Officer of which                the contracting office is a part. In some cases, where the contracting office is                physically located at a different facility/base, it may be appropriate to identify                the activity more specifically.]**          *Examples:(i) Naval Surface Warfare Center, Crane                Division*          *(ii) Naval Air Warfare Center Training Systems                Division*          *(iii) Naval Inventory Control Point, Philadelphia*          *(iv) Space & Naval Warfare Systems Command*          2. Description of the                Action Being Approved.          _____________________________________________________________________________          _____________________________________________________________________________          **[Describe the authority being sought in general terms. For                a Class J&A identify the date on which authority to act under the J&A ends                (i.e., the last day an award is authorized, not the period of performance; the                J&A "expiration date").]**                    *Example*             *: Award of a contract on a sole source basis for logistics                services in support of EA-XX aircraft from DEF Corporation, Integrated Solutions                Division.*          *If a class J&A, add “Authority to act under this class                justification expires on DD-MMM-YY.”*          3. Description of                Supplies/Services.          _____________________________________________________________________________          _____________________________________________________________________________                    **[Identify the supplies and services to be acquired, the estimated value (rounded                   to the nearest $1M), and the appropriation and funding amounts planned for the                   acquisition. Major items and associated quantities should be identified. Summarize                   long lists of items. Other items may be identified generically by logical                   groupings, such as “ancillary repair services” or “intermediate-level test                   equipment.” Option quantities should be separately identified. Briefly address the                   period of performance or completion date.]**          **[Funding amounts should represent the estimated dollar value of the procurement                   and should be summed and identified by fiscal year range and appropriation. If                   several different types or years of funds are planned, consider providing the                   information in a chart format, such as the one below. Round all estimates to the                   nearest $1M. ]**          **Estimated Dollar Value**          FYXX – XY                            TotalRDT&EOPNO&MNTotal                    4. Statutory Authority                Permitting Other Than Full and Open Competition.          _____________________________________________________________________________          _____________________________________________________________________________          **[Use one of the following:**          ***1***             ***0 U.S.C. 2304(c)(1), Only one responsible source and no                   other supplies or services will satisfy agency requirements.***          ***10 U.S.C. 2304(c)(2), Unusual and compelling                   urgency.***          ***10 U.S.C. 2304(c)(3), Industrial mobilization;                   engineering, developmental, or research capability; or expert services.***          ***10 U.S.C. 2304(c)(5), Authorized or required by                   statute.***          ***10 U.S.C. 2304(c)(6), National Security.***             ***]***          5. Rationale Justifying Use                of Cited Statutory Authority.          _____________________________________________________________________________          _____________________________________________________________________________          _____________________________________________________________________________          **[Explain in detail why                the statutory authority permitting other than full and open competition applies to                the proposed procurement. Provide your strongest argument. Avoid duplicative                information. Be short, precise, and to the point.]**          **[If the explanation is based (whether fully or partially)                on the lack of a performance specification, technical data package, specifications,                engineering descriptions, a statement of work, or a purchase description suitable for                full and open competition, explain why such a document has not been developed or is                not available.]**          **[When the basis of the sole source justification is due to                being a follow-on acquisition as implemented in FAR 6.302-1(a)(2)(**             **ii)(**             **supplies) or (iii)(services), provide:**          **A statement as to whether or                      not the original contract award was competed.**                                                   **An estimate of the cost to the                      Government that would be duplicated and an explanation of how the estimate was                      derived. The estimated cost can be based on the initial set-up costs, past                      actuals or estimates. The intent is not a detailed analysis but a trackable                      basis for drawing the conclusion that the estimated cost is so high that it                      will not be recouped through competition.**                                An estimate of the length of the delay and an explanation of                   how the estimate was derived and why a delay of this length is unacceptable. The                   intent is to indicate if the time frame is prohibitive and would not support the                   program requirements. As indicated in FAR 6.301(c), this rationale does not apply                   when there is a lack of advance planning by the requiring activity.]          **[When the use of other than full and open competition is                necessitated by an unusual or compelling urgency under the authority of 10 U.S.C.                2304(c)(2) as implemented in FAR 6.302-2, provide the estimated cost, data or other                rationale to demonstrate the extent and nature of the harm the Government will                suffer, or would have suffered, if the contracting activity could not limit                competition.]**          **[Address any other facts supporting the use of other than                full and open competition.]**          6. Description of Efforts                Made to Solicit Offers from as Many Offerors as Practicable.          _____________________________________________________________________________          _____________________________________________________________________________          **[At a minimum, address:**          **Any other sources that have                      expressed interest. If these included any respondent that is not identified in                      the J&A as a potential source, explain on what basis the activity concluded                      that the respondent would be unable to satisfy the requirements of the proposed                      contract.**                                                   **If a synopsis of the proposed                      procurement was not published in SAM, explain why not, including the applicable                      FAR 5.202 regulatory exception.**                                                   **If the synopsis did not state                      that the proposed contract action is for supplies or services for which the                      Government intends to solicit and negotiate with only one source under the                      authority of FAR 6.302, explain why not.**                                If market research was conducted in accordance with FAR Part                   10, describe how the market research was conducted and what the results were. If                   no market research was conducted, explain why not.                                   **If using the authority at FAR                      6.302-1, identify when the request for information or a sources sought notice                      was posted and include the results of the responses.]**          *Examples : (i) The proposed                contract was synopsized on the SAM website on July 6, 2005 and only EFG Corporation                expressed an interest in this requirement. No additional market research was                conducted because it is not practicable, for the reasons discussed in paragraph 5                above, for any company other than EFG to provide the required supplies and                services.*          *(ii)                The proposed contract was synopsized on the SAM website on July 6, 2005. In addition                to EFG Corporation, responses were received from BBCC Company and from AGW Ltd.                Representatives of the Program Office and the contracting officer held discussions                with BBCC and AGW. Subsequently, both companies, based on a better understanding of                the Navy's requirements, indicated in writing they were no longer interested in                pursuing a prime contract. No additional market research was conducted because it is                not practicable, for the reasons discussed in paragraph 5 above, for any company                other than EFG to provide the required supplies and services.*          *(iii) The proposed contract was synopsized on the SAM                website on July 6, 2005 and no other potential sources expressed an interest in this                requirement. In an effort to identify competitive interest, the Naval ABC Command,                Industrial Sources Division, as part of their market research, provides more than 850                commercial entities, on an annual basis, a listing of items for which it is seeking                competitive sources, as well as instructions for obtaining source approval                information. Additionally, the availability of the listing is periodically publicized                in SAM and feedback is requested regarding market capabilities.To date, no other                companies have expressed interest in becoming qualified to compete for the items to                be acquired under the proposed contract.*          *(iv)                NAVCOM's ABC Division, the Navy's Center of Excellence for XYZ systems, maintains                in-depth knowledge of XYZ technology developments and the XYZ industrial base. This                includes insight into technologies that individual companies are focused on and their                technical and production capabilities. ABC Division representatives maintain this                knowledge through routine review of industry journals and attendance at industry                symposia and conferences. They also periodically visit industry facilities for                briefings on companies' IR&D efforts. Based on its knowledge and expertise, ABC                Division has determined that no companies other than RST Corporation have the                knowledge and technical capability required to provide the XYZ-24 systems. The lack                of any responses to a synopsis of the planned contract published on the SAM website                on June 5, 2005 validates ABC Division's determination.*          *(v) Members of activity's technical, logistics and                contracting community outside the contiguous United States conduct market research on                a continual basis. Annually they visit each site where system maintenance and                component repairs are performed. During these visits, they meet with local                contractors and on-site government representatives to review current capabilities and                potential changes in system maintenance/repair requirements. Based on information                gathered during their most recent visits, the activity outside the contiguous United                States has determined that only the current contractors are capable of meeting the                Navy's requirements.A synopsis of these planned contracts has not been published. In                accordance with FAR 5.202(a)(12), a synopsis is not required when the contract action                is by a Defense agency and the proposed contract action will be made and performed                outside the United States and its outlying areas, and only local sources will be                solicited.*          7. Determination of Fair                and Reasonable Cost. The Contracting Officer has determined the anticipated cost             to the Government of the supplies/services covered by this J&A will be fair and             reasonable.          _____________________________________________________________________________          _____________________________________________________________________________          **[Once this determination is made, paragraph 7 need only                contain the above statement. No additional information is required.]**          8. Actions to Remove                Barriers to Future Competition.          _____________________________________________________________________________          _____________________________________________________________________________          **[If there is currently no reasonable likelihood of future                competition, use the following or similar language:**          *For the reasons set forth in Paragraph 5, NAVSYSCOM has no                plans at this time to compete future contracts for the types of supplies/services                covered by this document. If another potential source emerges, NAVSYSCOM will assess                whether competition for future requirements is feasible.]*          **[Where                applicable to a follow-on non-competitive procurement, include the following                language, along with a copy of the previous J&A in accordance with DFARS PGI                206.304(a)(S-70)):**          *“As                this is a follow-on for supplies and services previously awarded on a non-competitive                basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A was                provided to the approval authority for review. Approval of this J&A signifies the                approval authority has made the determination required by DFARS PGI                206.304(a)(S-70)(ii).”]*          **[Discuss any actions the activity plans to take to change                conditions that would preclude the use of full and open competition for acquiring the                same or similar supplies or services in the future. In addition to acquiring a                validated technical data package, such actions might include, for example,                development of a performance specification, use of reverse engineering to develop a                second source or, after justifying noncompetitive procurement of emergency                supplies/services on the basis of unusual and compelling urgency, using competition                to award contract vehicles for requirements at quantities greater than the emergent                need, or for similar items if needed to meet future emergency situations.]**          **[If future competition is planned, provide the estimated                date of the first competitive acquisition. If this is a one-time buy or a final                buyout, so state.]**          **[If the Government anticipates acquiring a technical data                package or developing a performance specification that will support competition, use                the following or similar language:**          *The Government (or Program Office) expects to obtain a                technical data package or develop a performance specification that will support                competition for future acquisitions of the same or similar items.]*          **[New page]**          J&A No. xxxxxxxx          CERTIFICATIONS AND APPROVAL          TECHNICAL/REQUIREMENTS             CERTIFICATION          I certify that the facts and representations under my             cognizance which are included in this Justification and its supporting acquisition             planning documents, except as noted herein are complete and accurate to the best of my             knowledge and belief.          Technical Cognizance:          _____________________ __________________ ___________ __________          Signature Name (Printed) Phone No. Date          Requirements Cognizance:          _____________________ __________________ ___________ __________          Signature Name (Printed) Phone No. Date          **[Note that this page includes certification that the                acquisition planning documents are complete and accurate. If a single individual has                cognizance over both technical and requirements information included in the J&A,                use of only one signature line is encouraged and "Technical Cognizance:" and                Requirements Cognizance:" above the signature lines may also be deleted.]**          LEGAL SUFFICIENCY REVIEW          I have determined this Justification is legally             sufficient.          _____________________ __________________ ___________ __________          Signature Name (Printed) Phone No. Date          CONTRACTING OFFICER CERTIFICATION          I certify that this Justification is accurate and             complete to the best of my knowledge and belief.          _____________________ __________________ ___________ __________          Signature Name (Printed) Phone No. Date          [Insert title of Approving Official. If Senior             Procurement Executive of the Navy is the Approving Official, insert, “SENIOR PROCUREMENT             EXECUTIVE”] APPROVAL          Upon the basis of the above justification, I hereby             approve, as [insert title of the Approving Official], 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)(x)(provide appropriate citation).          ______________________________ _______________          [Print Name of Approving Official] Date          **Action memos are only required when requested. Format is                provided below.**          **[LETTER HEAD]**          ACTION MEMO          **[Date]**          FOR: ASSISTANT SECRETARY OF THE NAVY             (RDA)          VIA: DEPUTY ASSISTANT SECRETARY OF             THE NAVY (P)          FROM: (             *Name, Title, Activity -- Named individual signs above                   typed info)*          *SUBJECT*             ***: [ACTIVITY NAME]***             *JUSTIFICATION AND APPROVAL*             ***[NUMBER]***          *FOR*             ***[TOP-LEVEL DESCRIPTION OF SUPPLIES/SERVICES***          ***COVERED BY THE J&A]***          Example: NAVAL SEA SYSTEMS COMMAND             JUSTIFICATION AND APPROVAL          (J&A) 22567 FOR LEAD YARD             SERVICES FOR VIRGINIA CLASS SUBMARINES          ASN(RDA) approval is required for             the J&A **[or state CJ&A, if applicable]** at Tab             A.          **[Briefly describe what the J&A covers, in terms of the                type of contract action(s) involved, the identity of the planned contractor[s], the                supplies or services to be acquired including quantities by fiscal year for major                items, the total estimated value of the contract, with funding summary, and                identification of the planning document (e.g., the Streamlined Acquisition Plan                (STRAP)/Strategy) that supports the procurement. If none, explain why not.]**          *Example: This J&A covers award of a contract to ABC                Aircraft Company, a fully owned subsidiary of DEF Company, for the SDD phase of the                XYZ Program. This effort will include the design and development of an air vehicle,                including two Ground Test Vehicles and five Engineering Development models, testing,                engineering studies and related supplies and services. The estimated total value of                the contract is $X,XB and will be funded with FY06 through FY11 RDT&E funds. The                planned contract is supported by NAVAIR Acquisition Strategy 050-03-01, approved by                USD(AT&L) on SEP 5, 2005.*          *Example: This J&A covers award of a contract to LGI                Corporation for performance-based logistics support of the EFG system. The contract                will include a three-year base period and four one-year options. Total estimated                value of the contract is $123M and will be funded with Navy Working Capital Funds                (NWCF). The J&A is consistent with NAVICP STRAP Plan No. 12345, approved July 8,                2005 by PEO(ABC).*          **[In a few sentences, summarize the rationale set forth in                Paragraph 5 of the J&A for using other than full and open competition. Address                other information necessary to provide a context for the procurement and facilitate                understanding of the proposed business approach. Additional information might                explain, for example, that:**          **the planned contract is a final                      buyout of the requirement,**                                                   **the sole source was determined                      through a prior competitive down-selection, under a prior contract the program                      experienced significant cost savings when it broke out the requirements covered                      by the planned contract from a larger system integration contract,]**          *Example: PRP is the sole designer, developer and                manufacturer of the XX-46 series radar system and is the only contractor with the                requisite knowledge, experience and technical data that can meet the Government’s                requirements on a timely basis.*          *Example: MN*             *Corporation is the sole designer, developer and                manufacturer of the F-XX-416 series engines and is the only contractor with the                requisite knowledge, experience and technical data that can provide the required                performance-based logistics support for these engines. Until 2001, MN supported these                engines as a subcontractor to the prime contractor for the entire F-112 aircraft                support contract. Breaking out this portion of the total system effort resulted in a                22% reduction in F-XX-416 engine support costs.*          *Example: The J&A cites 10 U.S.C. 2304(c)(3) as the                statutory exception justifying use of other than full and open competition. This                exception applies when it is necessary to award the contract to a particular source                in order to establish or maintain an essential engineering, research, or development                capability to be provided by an educational or other nonprofit institution or a                federally funded research and development center (FFRDC). As a FFRDC, CNA is uniquely                qualified to provide these services because of its unquestioned objectivity and lack                of potential conflicts of interest, its confidentiality in protecting very sensitive                military and intelligence information, its familiarity with the needs of the Navy and                Marine Corps, and its establishment of a continuing research agenda for the Navy and                Marine Corps.*          [**Briefly explain any                differences between information included in the J&A and information in the                supporting Acquisition Strategy/Plan and explain the rationale for these differences.                Pay particular attention to differences in quantities and funding levels. Also, note                any significant congressional or other programmatic issues. These may include, for                example:**          **pending legislation that could                      impact the procurement,**                                                   **known congressional concerns                      with the acquisition strategy, or**                                                   **recent test results that might                      delay the program.]**          *Example:*             *Last month, the PEO/PM met with Senator Smith's staff to                discuss the feasibility of using the XYZ system to meet our requirements in lieu of                the ABC system. Although the PM provided a detailed explanation of why this would not                be feasible, it's possible that Senator Smith will contact you directly to discuss                this subject further. The PM is prepared to provide you with a briefing, as                necessary.*          **[Identify point of contact information for the PEO, PM,                and PCO including name, phone number and email address.]**          RECOMMENDATION: Approve J&A **[or CJ&A, if applicable]** at Tab A.          COORDINATION: At Tab B. **[This is a placeholder for DASN(P)staff use.]**
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