23Q0197_JA_Redacted_NON-COMP.pdf

N REPLY REFER TO:

J&A Number: CR-23249

Code: 0234

P.R. TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The Naval Sea Systems Command (NAVSEA) Naval Surface Warfare Center, Crane Division (NSWC Crane), Expeditionary Simplified Acquisition Contracting Branch (0234)

2. Description of the Action Being Approved.

The use of other than full and open competition to award of a two year firm-fixed price (FFP), indefinite delivery, indefinite quantity on a sole source basis for AA17 5.56mm MK 255 Mod 1 Reduced Ricochet Limited Penetration (RRLP) Ammunition in support of the United States Coast Guard (USCG), United States Marine Corps (USMC) and Naval Special Warfare (NSW) to Black Hills Ammunition Inc., 1699 Sedivy Lane, Rapid City, South Dakota 57703. In accordance with 41 USC 1901, this action will utilize Federal Acquisition Regulation subpart 13.5 for the use of Simplified Procedures for certain commercial items.

3. Description of Supplies/Services.

The Government’s minimum requirement is to procure MK 255 Mod 1 5.56mm RRLP in accordance with Specification DTL-JXNN-F17-0020_AA17 REV A. The MK 255 Mod 1 5.56mm RRLP cartridge is designed for use in weapon systems chambered to fire the standard NATO 5.56mm cartridge. No modification is necessary to the weapon systems to function the MK 255 Mod 1 5.56mm RRLP cartridge. The primary operational use of the MK 255 Mod 1 5.56mm RRLP cartridge will be in close quarters combat scenarios such as military operations in urban terrain, maritime interdiction operations and non-combatant evacuation operations. The certifying technical and requirements personnel have verified the Government’s minimum needs. The total cost of this J&A is $2,500,000.00 as outlined in the below table.

Year Account Total

FY23-25 PROC $2,500,000.00

The above estimated costs are derived from historical procurements of the required ammunition and recent budgetary estimates. The estimated quantities are derived from training and mission schedules.

DEPARTMENT OF THE NAVY

CRANE DIVISION

NAVAL SURFACE WARFARE CENTER

300 HIGHWAY 361

CRANE INDIANA 47522-5001

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(1) Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR 6.302-1(a)(2)(iii)(B).

5. Rationale Justifying Use of Cited Statutory Authority.

Pursuant to 10 U.S.C. §3204(a) (1), Black Hills Ammunition, Inc. is the only source that can meet the Government’s requirements without unacceptable delays. The MK 255 Mod 1 5.56mm RRLP configuration manufactured by Black Hills Ammunition, Inc., has been extensively tested and evaluated for performance, reliability, and safety by the US Government. MK 255 Mod 1 5.56mm RRLP cartridges have been thoroughly reviewed by the Weapon System Explosives Safety Review Board, and have obtained concurrence for initial operating capability. Previous MK 255 Mod 1 5.56mm RRLP procurement contracts have expired, and currently the Government has no contract to procure MK 255 Mod 1 5.56mm RRLP cartridges. To meet military training and mission requirements, the Government plans to award a sole source two-year IDIQ contract to Black Hills Ammunition, Inc. to procure MK 255 Mod 1 5.56mm RRLP ammunition while a competitive contract is simultaneously being developed.

Approximately two (2) years are required to develop and award a competitive procurement contract for MK 255 Mod 1 5.56mm RRLP ammunition however, an additional six (6) months may be required for safety qualification (this is in addition to the required safety testing that takes six (6)) of the ammunition dependent on initial test results. The planned acquisition schedule is presented in the below table.

Develop Source Selection Plan and Solicitation 3 months Issue draft Solicitation 1 month Issue Solicitation 1 month Receive Technical Proposals and Product Samples 1 month Conduct Go/No-Go Testing 3 months Review Technical Proposals and prepare initial Source Selection Report 1 month Establish Competitive Range 1 month Conduct Product Sample Tests 3 months Review test data and develop Source Selection Evaluation Report 1 month Review and approve Source Selection Evaluation Report 2 months Award Contract 1 months Safety Approvals 6-12 months TOTAL TIME 24-30 Months

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 Matthew Ritter Phone No. Date

Requirements Cognizance:

Phone No. Date Signature

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Michael Stultz Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

Signature Andrew Ficklin Phone No. Date

APPROVAL

Upon the basis of the above justification, I hereby approve, as the Competition Advocate, 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. 3204(a)(1).

Lisa A. Good Date

8/7/23FICKLIN.ANDREW.BRENT.1288918500 Digitally signed by FICKLIN.ANDREW.BRENT.1288918500 Date: 2023.08.07 10:42:50 -04'00'

8/24/23GOOD.LISA.ANN.1079794216 Digitally signed by GOOD.LISA.ANN.1079794216 Date: 2023.08.24 14:35:57 -04'00'