20MM Searanger - JA Redaction 10.12.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

J&A Number:FY21-Nov18-9 Code:022MA

Contracts Department - Form 13 (Rev 5/18)

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Surface Warfare Center, Indian Head Division (NSWC IHD) Contracts Office Code 022.

2. Description of the Action Being Approved

Award of a Firm Fixed Price (FFP)sole source contract to American Rheinmetall Systems, LLC, 15 Mornin Street, Biddeford, ME 04005 to purchase Rheinmetall-Oerlikon Searanger 20 millimeter Gun Systems (Qty.12). The items have been requested and approved for acquisition under Foreign Military Sales (FMS) case EG-P-LGM.

3. Description of Supplies/Services

This action is for the purchase of twelve (12) Rheinmetall- Oerlikon Searanger 20 millimeter Gun Systems, spare parts, special tools and equipment needed to maintain and operate the system in port or at sea and all cabling and connectors required to interface the Searanger with external equipment as defined by the shipyard .

The items have been requested and approved for acquisition under FMS case EG-P-LGM.

The Searanger 20 Gun System is a remotely controlled, fully stabilized, autonomous and automatic gun system. The system uses a cannon that is capable of firing 850 to 1050 rounds per minute. Together with the 20mm x 128mm ammunition, the system is highly effective against small, high-speed boat threats.

The Government’s minimum needs have been verified by the

J&A Number: FY21-Nov18-9 Code:022MA

“SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104” certifying technical and requirements personnel.

Total estimated cost is $20,585,070, shipping included. The first shipment is expected to be delivered within 548 days after receipt of order (ARO) and the remaining gun mounts within 900 days ARO. The order will use FMS case funds.

Estimated Dollar Value FY21 FY22 FY23 Total

EG-P-LGM $6,861,690 $6,861,690 $6,861,690 $20,585,070

TOTALS $6,861,690 $6,861,690 $6,861,690 $20,585,070

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C.2304(c)(4), as implemented by FAR 6.302-4, “International Agreement.”

5. Rationale Justifying Use of Cited Statutory Authority

Per Note 7 of FMS case EG-P-LGM, the Egyptian Navy specifically requested in a letter dated 20 October 2018 that American Rheinmetall Systems, LLC be designated as prime contractor for the Oerlikon Searanger 20mm gun weapon system and all associated equipment and services.

Ordering a similar item from a different vendor will not meet the requirements set forth by the Egyptian Navy. The same equipment is necessary to be consistent with other systems in use by the country.

The Oerlikon division of Rheinmetall is the only company that manufactures, sells and provides support the requested Searanger 20 and supporting equipment.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

Oerlikon is the sole manufacturer, distributor and provider of the Searanger 20 gun mount equipment and services.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the supplies/services covered by the J&A will be fair and reasonable in accordance with FAR 15.4

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC IHD has no plans to compete future contracts for the type of supplies required. NSWC IHD will continue to conduct market research in an effort to identify new potential sources.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

______________________Eric L. Waggoner, Code G33, 502-364-5239, 15 July 2020 Signature Name (Print) and Title (Code) Phone No. Date

REQUIREMENTS COGNIZANCE:

APM (PMS325) 202-907-6521 22 Sep 2020

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90))

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Designee of the Head of the Contracting Activity, 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)(_4_).