23DJR83_JA_REDACTED.pdf

J&A Number: CR-20249 minimum need has been verified by technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1). One responsible source and no other supplies will satisfy the needs of the agency, as implemented by FAR 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority

The MK 13 Mod 0 Grenade and the MK 1 Mod 0 Fuze for the Flash Bang Trainer Practice Hand Grenade are explosive devices, and the MK 1 MOD 0 Body is an inert device, both designed by American Rheinmetall Inc.

The MK 13 Mod 0, MK 1 Mod 0 Fuze, and MK 1 Mod 0 Body have been awarded on a previous contract, (N0016418DJR58). The initial award was awarded as a Sole Source for the MK 13, the MK 1 Fuze, and the MK 1 Body. The MK 1 Mod 0 Fuze and MK 1 MOD 0 Body were required as a replacement to the MK 155 Training Fuze, which was causing safety hazard concerns from potential fragment projection. Additionally, the previous design used a lead primer, which was contaminating ranges, and there was a requirement for a lead free training device.

The MK 1 MOD 0 Fuze uses a lead free primer and has no fragment risk.

Rheinmetall’s design has been final type qualified through the Department of Navy Weapon Systems Explosives Safety Review Board (WSESRB) process in accordance with NAVSEAINST 8020.6E and then fielded by multiple services in SOCOM. Per NAVSEAINST 8020.5D, entitled “QUALIFICATION AND FINAL (TYPE)

QUALIFICATION PROCEDURES FOR NAVY EXPLOSIVES (HIGH

EXPLOSIVES, PROPELLANTS, AND PYROTECHNICS),” this qualification is granted when the qualified explosive has been assessed as part of the design of a specific munition and is predicted to be safe and suitable for military operational or training use. The MK 13 MOD 0 Grenade and the MK 1 MOD 0 Fuze are fully qualified and fielded items, having successfully completed: developmental testing, safety testing, insensitive munitions testing and board approval, hazard classification testing and board approval, fuze testing and board approval, post-test reporting, user evaluations, item manual updates, and user training. The MK 13 received Joint Weapons Safety Review Board approval in June 27, 2008. The MK 1 is in the final stages of WSESRB review, estimated to receive Joint Weapons Safety Review Board approval in Q2FY21. Inasmuch, this qualification does not constitute the MK 13’s, MK 1 Fuze’s or MK 1 Body’s, nor its producer’s inclusion on a Qualified Product List, Qualified Material List, or a Qualified Bidders List in accordance with FAR 9.2.

If the Mk 13 Mod 0, MK 1 Mod 0 Fuze and MK 1 Mod 0 Body were competed, any new device would also require the same qualification for fielding described in the paragraph above.

The post-award qualification for two new explosive devices would take a minimum of three years and approximately 3.8 million dollars to achieve based on historical data from Rheinmetall’s product qualification. This delay postpones the production of grenades for inventory. This three year timeframe and associated duplication of cost does not account for any issues found during the qualification testing that could result in further delays or the expense of repeating tests prior to placing production units into inventory. The Mk 13 Mod 0 has been fielded for 14 years, and the MK 1 Mod 0 Fuze and MK 1 Mod 0 Body are in the process of being fielded. User manuals show the current device for the user’s reference for the Mk 13 Mod 0, and will soon for the Mk 1 Mod 0 Fuze and Mk 1 Mod 0 Body.

Instructors in schoolhouses for the users have been trained to use the Mk 13 Mod 0, and will soon for the Mk 1 Mod 0 Fuze and Mk 1 Mod 0 Body. The schoolhouses have been training users for the current device. Explosive Ordnance Disposal (EOD) groups have been trained to handle the Mk 13 Mod 0, and will soon for the Mk 1 Mod 0 Fuze and Mk 1 Mod 0 Body. Multiple services under SOCOM and the Marine Corps have already procured the Mk 13 Mod 0, MK 1 MOD 0 Fuze, and MK 1 MOD 0 Body and will soon have it in inventory.

Qualifying a new device would not only cost 3.8 million dollars and take an additional three years, but it would also require a new manual to be written and distributed, schoolhouses to be retrained, users to be retrained, and EOD to be retrained.

Competing the item would require bid sample testing as part of the evaluation process as this item would be competed with a performance specification, which would require an additional four months. It would also result in having two separate devices in inventory that do the same task.

Since the start of the N0016418DJR58 contract, additional services (Marine Corps, Air Force, and Coast Guard) have out year requirements for the MK 1 MOD 0 Fuze and MK 1 MOD 0 Body. Due to the contract ceiling of the original contract being met, there is not enough room on the current contract to satisfy the requirements of the Marine Corps, as well as other services who have expressed interest in procurement. The requirements of the Marine Corps, in addition to other planned SOCOM requirements, do not allow for an additional three years required to qualify a new item, including eighteen months for developmental testing, followed by an additional eighteen months for safety testing and approvals once developmental testing has validated the item has met the performance requirements.

The total additional time required to do bid sample testing, developmental testing, and safety testing and approvals would be 40 additional months.

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

In an effort to broaden competitive resources, a Request for Information (RFI) sources sought was posted on the BETA SAM website on 01 June 2020 for the MK 13 Mod 0, Mk 1 MOD 0 Fuze, and MK 1 MOD 0 Body. The RFI described the Government’s intention to award a 5-year IDIQ contract. The RFI invited vendors to submit information on devices they have as well as express interest in proposing on the IDIQ.

No responses were received for this RFI.

The proposed contract action was synopsized on the BETA SAM website on 09 September 2020. To date, no responses have been received.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable. Quantities of this requirement have been purchased from this Offeror in a past procurement and cost/pricing information was received on that past procurement. This information should be sufficient to support the fair and reasonable cost determination of this procurement. In addition, the contracting office will perform cost analysis and utilize Defense Contract Management Agency (DCMA) and/or Defense Contract Audit Agency (DCAA) pricing assistance as needed.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC Crane has no plans at this time to compete future contracts for the types of supplies covered by this document. If another potential source emerges, NSWC Crane will assess whether competition for future requirements is feasible.