7.09_J&A_N0010426DBM01_Redacted.pdf

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Attached to
1005 - This is a 2 year requirements contract for repairs of 38 NIINs for the MK38 Gun System. AMC/RMC 3R, WSC:BM4
Solicitation number
N00104-26-D-BM01
Issued by

About this file

This is a Justification for Other Than Full & Open Competition (J&A) filed by the Department of the Navy, NAVSUP WSS, for the acquisition of spares and repair/overhaul services for MK38 LTC components. The contracting activity is identified as Folder No. N0010424U0861, with Item Manager Megan Wineberg (Code N96112.31), Technician John Greene (Code N9652), and Buyer Derek Ford (Code N711.9). The acquisition covers spares and repair/overhaul services as specified in Attachment 1_MK38 LTC, with quantity, unit pricing, and other details referenced in that attachment.

The J&A justifies a single-source contract award to BAE SYSTEMS LAND & ARMAMENTS L.P. (CAGE: 064S4, 44114) under the statutory authority of 10 USC 3204(A)(1) and FAR 6.302-1, citing that only one responsible source can satisfy agency requirements. The rationale invokes A/RMC codes 3 (acquisition for second or subsequent time directly from the actual manufacturer) and B,R (part must be acquired from/repaired by specified source due to lack of available technical data, government data rights, or manufacturing knowledge). Market research conducted across ITIMP, FLIS, ERP, NSEDR, and LMS-21 databases identified BAE SYSTEMS as the sole known source capable of satisfying the requirement, as they maintain design and repair standards through proprietary design drawings, repair procedures, and quality assurance procedures. The proposed contract was synopsized on the government-wide point of entry on August 5, 2024. The J&A received full approvals, including requirements cognizance (Megan Wineberg, 05/16/2024), technical cognizance (John Greene, 06/26/2024), contracting officer certification (Jennifer Morrison, 02/19/2025), competition advocacy review (Adam Johnson, 02/25/2025), legal sufficiency review (Thomas Workman, 02/27/2025), and final FAR 6.304 approval (Adam Johnson, 03/03/2025).

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4. Statutory Authority Permitting Other Than Full & Open Competition

5. Rationale Justifying Use of Cited Authority

6. Description of Efforts Made To Solicit Offers From as Many Offerors as Practicable

Period of Performance: Expected Final Delivery Date

Line of Accounting

This J&A is based upon the authority of 10 USC 3204(A) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1

A/RMC 3

Acquire, for the second or subsequent time, directly from the actual manufacturer.

A/RMSC B,R

This part must be acquired from/repaired by a source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing/repair knowledge are not available to permit acquisition from/repair by other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, A/RMCs 3, 4, or 5 are valid. If at least two sources exist, A/RMCs 1 or 2 are valid.

The Government does not own the data or the rights to the data needed to purchase / contract repair of this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture/repair this item, A/RMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture/repair this item, A/RMCs 1 or 2 are valid.

This acquisition will be solicited to

Based on the market research performed by the technical advocate, it is concluded that the only source of supply/repair is BAE SYSTEMS LAND & ARMAMENTS L.P. (CAGE: 064S4) (CAGE: 44114) because they are currently the only source capable of satisfying this requirement. BAE SYSTEMS LAND & ARMAMENTS L.P.

(CAGE: 064S4) (CAGE: 44114) is the only known source that has/owns the data, and it has been deemed uneconomical to pursue the acquisition of the data because the data and its content are not available. There are no authorized substitutes of these items as these is the only items known to meet performance and compatibility requirements within the higher assemblies. Furthermore, there is no data to support an open and full competition. The source listed above, who is the OEM, maintains the design and repairs standards via design drawings, repairs procedures, and quality assurance procedures.

15 MAR 2019 Class Waiver of the Requirement to Post a Request for Information or Sources Sought Notice applies to this requirement

The proposed contract action was synopsized on the government-wide point of entry on 08/05/2024 and as a result

Market research was conducted in accordance with far part 10. The results of the market research conducted (or the reason(s) market research was not conducted) are as follows

A technical review, which consisted of searching several Government databases including ITIMP, FLIS and ERP, have been completed on these items. Search criteria included Part Number, Design Control Activity, Cage Code, NSN, Nomenclature, AMC/AMSC, AAC, Criticality Coding, recorded approved sources of supply, historical sources of supply and past contracts. Based on this market research the contracting officer has determined that the only known manufacturing/repair source is BAE SYSTEMS LAND & ARMAMENTS L.P. (CAGE: 064S4) (CAGE: 44114). If a company other than the one listed believes they have compatible products, they can submit the items to the Engineering Program Office, to include research and development, drawings and test specifications.

The program office will test and evaluate the items at the company’s expense. Upon qualification, the approved company will be able to participate in future solicitations. ITIMP- Reviewed award history and other potential sources of supply, AMC/AMSC code, part number, CAGE code. ERP- Search criteria included part number, design control activity, Cage code, NSN, Nomenclature, AMC/AMSC, AAC, Criticality Coding which all matched with ITIMP NSEDR- No drawings available. LMS 21- Reviewed CCF data, source of supply, part number, registered users and requirements. Market research did not reveal or identify any known distributors.

4/8/25, 11:12 AM WorkflowPro https://my.navsup.navy.mil/apps/ops$workflow_pro.j_and_a_edit?p_id=15802 2/4

7. Determination of Fair And Reasonable Cost

8. Actions to Remove Barriers to Future Competition

9. Any Other Facts Supporting Other Than Full & Open Competition

History

The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.

To promote competition, NAVSUP WSS will continue to encourage vendors with the expertise to manufacture/repair the subject item to submit a complete technical data package for review and source approval by the appropriate engineering source approval authority per the (WSS) guidelines. Also, future requirements will be advertised on the government-wide point of entry. For reasons set forth in Paragraph (5 & 6), NAVSUP WSS has no plans at this time to compete future contracts for the subject item covered by this document. If another potential manufacturing source emerges, NAVSUP WSS will assess whether competition for future requirements is feasible. Also, future requirements will be advertised on the government-wide point of entry.

Previous J&A Previous J&A Attached

N/A

Created By John Greene Work Function Reprocurement Technician

Created Date 05/16/2024

16-MAY-24

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Requirements Cognizance Signature

Megan Wineberg Work Function Planner Requirements Cognizance Signature Date

05/16/2024

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Technical Cognizance Signature

John Greene Work Function Reprocurement Technician

Technical Cognizance Signature Date

06/26/2024

As of this date, I confirm KO has reviewed the information contained in this J&A and determined sufficient for purposes of processing/ completing Small Business Coordination Record DD2579

KO Review for Small Business Concurrence

Jennifer Morrison Work Function Supervisor KO Review for Small Business Concurrence Date

07/01/2024

I certify that this J&A is accurate and complete to the best of my knowledge and belief

Contracting Officer Certification Signature

Jennifer Morrison Work Function Supervisor

Contracting Officer Certification Signature Date

02/19/2025

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Competition Advocacy Review

Adam Johnson J

Work Function Competit on Advocate

Competition Advocacy Review

02/25/2025 https://my.navsup.navy.mil/apps/ops$workflow_pro.j_and_a_edit?p_id=15802 3/4

And Concurrence Signature

And Concurrence Signature Date

I certify that this J&A is legally sufficient to the best of my knowledge and belief

Legal Sufficiency Review Signature

Thomas Workman Work Function Attorney Legal Sufficiency Review Signature Date

02/27/2025

I certify that this J&A is accurate and complete to the best of my knowledge and belief

Approval Required By Far 6.304 Signature

Adam Johnson Work Function Competition Advocate

Approval Required By Far 6.304 Signature Date

03/03/2025 https://my.navsup.navy.mil/apps/ops$workflow_pro.j_and_a_edit?p_id=15802 4/4

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