24Q0059_24PJ046_JA_REDACTED.pdf

N REPLY REFER TO:

J&A Number: CR-24010

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 firm-fixed price (FFP) contract, on a sole source basis for .50 Caliber Ball, MK 322 Mod 0 Reduced Range Ammunition (RRA) DODIC AB64 (hereby referred to as AB64 ammunition) in support of Naval Special Warfare (NSW) to General Dynamics Produits De Defense Systems Tactiques-Canada Inc (General Dynamics) 5 Montee Des Arsenaux, Repentigy. QC, CT.

J5Z 2P4 Canada via the Canadian Commercial Corporation, 350 Albert St. Suite 700, Ottawa ON K1A 0S6 Canada. NSW will procure as much AB64 ammunition as possible subject to the to the total cost estimate of this justification. 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 AB64 ammunition in accordance with Specification HS-JXNN-C09-163.0. The AB64 ammunition cartridge is designed to operate in areas with range surface danger zone limitations for training. NSW requires .50 Cal RRA for tactical ground mobility training and combatant craft training utilizing Common Remotely Operated Weapon System or standard .50 Cal mounts. NSW needs to train mounted to support current operations and to be prepared to train partner forces.

The certifying technical and requirements personnel have verified the Government’s minimum needs. The total cost of this J&A is $4,600,000.00 as outlined in the below table.

Year Account Total

FY23 PROC $4,600,000.00

The above estimated costs are derived from historical procurements of the required ammunition. 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)(ii)(B).

5. Rationale Justifying Use of Cited Statutory Authority.

Pursuant to 10 U.S.C. §3204(a) (1), General Dynamics is the only source that can meet the Government’s requirements without unacceptable delays. The AB64 ammunition configuration manufactured by General Dynamics, has been extensively tested and evaluated for performance, reliability, and safety by the US Government. AB64 ammunition cartridges have been thoroughly reviewed by the Weapon System Explosives Safety Review Board (WSESRB), and have obtained concurrence for initial operating capability.

The Government currently has a competitive solicitation (N0016422RJN03) for AC14/AC15 .50 Caliber RRA that is currently in the evaluation stages. The Government has incurred several delays on this procurement, which has had a negative impact on the current NSW timelines for training. NSW currently utilizes the ammunition for CONUS training in ranges with limited surface danger zones, where standard .50 caliber ammunition cannot be utilized. NSW currently utilizes the AB64 ammunition for this training and plans to replace the AB64 ammunition with the AC14/AC15 .50 Caliber RRA once it is approved via the WSESRB process. The problem is that there is no AC14/AC15 .50 Caliber RRA that is WSESRB approved. The successor to the AB64 ammunition is the 50 Caliber Ball, MK 322 Mod 1 RRA. This first of this ammunition was competitively awarded to OCR Global, Inc. on 4 June 2018 via Contract N0016418DJN41. NSW procured $600,000.00 of Mod 1 RRA. This contract expired 3 June 2022. However, WSERSB approval has not been granted for this ammunition, thus, the NSW procured ammunition cannot be utilized for training at this time. The only ammunition that can be used for training is the AB64 ammunition. In order to avoid an interruption to training, it is necessary to procure additional.50 Caliber RRA ammunition that is WSESRB approved.

The delay in WESERB has an adverse mission impact on NSW’s AB64 ammunition stock, which is diminishing and will be exhausted within one year or less. This will result in an extensive gap in training if additional AB64 ammunition is not procured via this action.

Once the awardee of the current competitive action (N0016422RJN03) is selected (pending no further delays), the vendor will have to undergo First Article Testing (FAT) and WSESRB approval as well as production lead time. The solicitation and resulting award will require a three-month FAT approval, coupled with an overall seven month (210 day) production lead time. WSESRB approval has historically taken between 1.5 to two years to receive authorization. This presents a total of 19 to 31 months for fully approved ammunition to be utilized for training. This timeline will not satisfy the current requirements of NSW to continue training with diminishing rounds they currently have.

At the offset of the competitive action, NSW had sufficient stock to carry the original contract timeline. This stock was not sufficient to incur the aforementioned delays and thus are now facing the inability to provide rounds for training. This effort is solely to

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 Phone No. Date

Requirements Cognizance:

Phone No. Date Signature

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature 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

10/19/2FICKLIN.ANDREW.BRENT.1288918500 Digitally signed by FICKLIN.ANDREW.BRENT.1288918500 Date: 2023.10.19 14:23:33 -04'00'

11/17/23GOOD.LISA.ANN.1079794216 Digitally signed by GOOD.LISA.ANN.1079794216 Date: 2023.11.17 08:39:38 -05'00'