SBIR Phase III Topic N06-125 L-Band Solid-State High Power Amplifier for Airborne Platforms

SMALL BUSINESS INNOVATION RESEARCH (SBIR) PHASE III JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Activity. Naval Air Warfare Center Aircraft Division (NAWC-AD) Lakehurst, NJ 2. Nature/Description of the Action Being Approved. This is a justification to award a Small Business Innovation Research (SBIR) Phase III contract to North Star Scientific (NSS) Corporation, Kapolei, HI. NSS Corporation was awarded SBIR Phase I contract number N68335-07-C-0080 on 02 November 2006, resulting from Solicitation 06.2. Topic N06-125 was titled "L-Band Solid-State High Power Amplifier for Airborne Platforms." NSS was subsequently awarded SBIR Phase II contract number N68335-08-C-0018 on 17 June 2008. NSS was awarded SBIR Phase II contract number N00039-17-C-0007 on 24 January 2017. NSS was awarded SBIR Phase III Basic Ordering Agreement N68335-12-G-0058 on 13 September 2012, and three subsequent orders have been issued. Topic N06-125 sought the development of a lightweight and small volume L-band solid-state power amplifier for aircraft platforms. The ultimate objective was the development and procurement of replacement for the Joint Tactical Information Distribution System (JTIDS) High Power Amplifier (HPA). 3. Description of Supplies/Services. This Phase III effort derives from the Phase I, II, and III efforts described in paragraph 2, and is to continue the development effort that will replace the current E-2D JTIDS HPA with a new Link-16 HPA that can integrate into E-2D and is interoperable with the Multi-Information Distribution System-JTRS family of terminals. Efforts under this Phase III include completing a Link-16 HPA design and performing a Critical Design Review, Test Readiness Review, and Production Readiness Review. The deliverables of this project are ten complete production representative units to support laboratory and flight testing; two prototype smart shock and vibration engine mounts; and data deliverables. This effort will be N68335-18-C-0021. 4. Statutory Authority Permitting Other Than Full and Open Competition. 10 U.S.C. 2304(c)(5), as implemented by FAR 6.302-5: Authorized or Required by Statute. 15 U.S.C. 638(r)(1) states: "In the case of a small business concern that is awarded a funding agreement for Phase II of an SBIR or STTR program, a Federal agency may enter into a Phase III agreement with that business concern for additional work to be performed during or after the Phase II period." Furthermore, 15 U.S.C. 638(r)(4) states: "To the greatest extent practicable, Federal agencies and Federal prime contractors shall issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology." 5. Demonstration that Proposed Contractor's Unique Qualifications or Nature of Acquisition Requires Use of Authority Cited. The nature of the acquisition requires the use of the authority cited. The SBIR/STTR Programs are structured in three phases. Phase I (project feasibility) determines the scientific, technical and commercial merit and feasibility of the ideas submitted. Phase II (project development to prototype) is the major research and development effort, funding the prototyping and demonstration of the most promising Phase I projects. Phase III (commercialization) is the ultimate goal of the SBIR/STTR Programs. Because the Phase III work derives from, extends, or completes efforts performed under Phase I, II, and III, use of the authority cited is required. 6. Description of Efforts Made to Ensure Offerors Were Solicited From as Many Potential Sources as Practicable/Public Notification through Government Point of Entry (GPE). The topic for this effort was included in the Department of Defense Program Competitive Solicitation issued under the SBIR Program. As described above, only NSS is being considered for Phase III award due to the nature of the acquisition. In accordance with FAR 5.202(a)(7), this proposed contract action does not require public notification to the GPE. 7. Determination of Fair and Reasonable Cost. The Contracting Officer will determine prior to award that the negotiated price of the contract executed under this justification is fair and reasonable pursuant to FAR Subpart 15.4. This determination will be documented in a Business Clearance Memorandum, which will be included in the contract file. 8. Description of Market Research or Statement of the Reason Market Research was not Conducted. FAR 10.001(a)(2) indicates that market research appropriate to the circumstances must be conducted. SBIR Phase III procurements are such that traditional market research to identify alternative sources is generally unnecessary. As described above, the Phase III work derives from, extends, or completes efforts performed under Phase I and Phase II. 9. Any Other Supporting Facts. Not Applicable. 10. Listing of Interested Sources. Not Applicable. 11. Actions Taken to Remove Barriers to Future Competition: The Contracting Officer anticipates that competitors will enter the market once the product is commercialized. It is likely that future acquisitions will be competed using full and open competition and commercial item acquisition procedures. The Contracting Officer is not aware of any specific actions that would further remove barriers to competition. 12. Period of Performance. Base: 36 months Option(s): None 13. Total Estimated Dollar Value of the Acquisition Covered by this Justification, with Funding Specified by Year and Appropriation: 14. Actions Attempted to Make Immediate Acquisition Competitive and Cost/Benefit Analysis. No actions were attempted to make the immediate acquisition competitive; no cost/benefit analysis was performed. As described above, only NSS is being considered for Phase III award due to the nature of the acquisition.