JA 26-0041- FMU139DB.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFETT BUILDING

47123 BUSE ROAD, BLDG 2272

J&A #26-0041

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action Being Approved.

This Justification and Approval (J&A) 26-0041 authorizes and approves the issuance of a Firm

Fixed Price (FFP) contract modification in support of the PMA-201 Fuze Munition Unit (FMU)-

139D/B program to Northrop Grumman Systems Corporation Defense Systems (NGSC-DS) on contract N00019-24-D-0104.

3. Description of Supplies/Services.

The supplies covered under this J&A represent the production requirements necessary to maintain the FMU-139D/B program and execute the final contractual order period under contract

N00019-24-D-0104. The N00019-24-D-0104 IDIQ contract is for the FMU-139D/B Fuze

System, Accessory Kits, Trainer Fuzes, Power Cables, Closure Rings, ancillary hardware requirements, and Fuzing Units (FZUs) in support of the United States Navy (USN), United

States Air Force (USAF) and Foreign Military Sales (FMS) Customer procurements.

This J&A will add ceiling to Contract N00019-24-D-0104 to account for Fiscal Year (FY) 2027

FMU-139 D/B requirements in the final ordering period. The original estimated contract costs were based on historical ordering data from U.S. Air Force (USAF), U.S. Navy (USN), and

Foreign Military Sales (FMS) customers under the predecessor FMU-139D/B contract, N00019-

15-D-0030. Significant world events in Ukraine, Israel, and other areas have resulted in increased demand for the FMU-139D/B beyond the initial approved estimated dollar value awarded in contract N00019-24-D-0104. Currently, the Government anticipates needing authority for an additional $97M to cover unanticipated requirements for the USN, USAF, and

FMS customers in FY 2027 as described above.

The total budget for the acquisitions covered by this J&A is $97M.

Estimated Dollar Value in Millions

$(M) FY27

PANMC $ 26

USAF $ 69

FMS $ 2

Total $ 97

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 Federal Acquisition Regulation (FAR) 6.103-

1(c)(2)(ii).

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with FAR 6.103-1(c)(2)(ii) award to any other source would result in unacceptable schedule delay in fulfilling the agency’s requirement.

NGC-DS is currently the only vendor that has a fully qualified FMU-139D/B Fuze System, including the accessory parts, to meet Government standards. As the only qualified designer, developer, manufacturer, and integrator of the FMU-139D/B Fuze System and its accessory parts, NGC-DS is the only vendor that has the knowledge, experience and access to the technical data necessary to fulfill the Government’s requirements without an unacceptable delay.

IDIQ Contract N00019-15-D-0030 was competitively awarded utilizing an approved specification to NGC-DS (formerly Alliant Techsystems (ATK) or Orbital ATK (OATK)) on 17

September 2015 for the development of the FMU-139D/B and the production of the FMU-

139D/B Fuze System. Contract N00019-15-D-0030 included an optional Contract Line-Item

Number (CLIN) for a not-separately-priced TDP, which was exercised on 11 April 2023 with an expectation of a fully compliant TDP to be delivered 12 June 2023. Part one of the initial submittal of the TDP from NGC-DS was received 17 July 2023 as part of the data deliverable requirements under Contract N00019-15-D-0030 but was found non-compliant. Expected final delivery from the vendor of the complete corrected TDP is not expected to occur until 28

September 2026. A fully transitioned Government TDP which enables the capability for competitive follow-on contract solicitation is not anticipated to be available until 2030.

Therefore, the Government does not expect to have a completely transitioned and approved

Government TDP necessary for a competitive follow-on contract solicitation until 1st Quarter

2030, which would not meet the required timeline for current USN and USAF needs, which will need to make a fuze order in the 3rd quarter of FY 2027.

Forecasted USN, USAF and FMS customer Fuze inventories rely on annual procurements to maintain combat usable inventories in support of operational plans and proficient training requirements. Based on the current acquisition schedule, the follow-on IDIQ to N00019-24-

D0104 is not expected to be awarded until FY 2028. Therefore, if the final order period is not executed on the current contract, the Government does not anticipate receiving fuzes until

December 2030, which would introduce a two-year delivery gap from what is currently on order.

This production gap would impact USN, USAF and FMS munition and bomb requirements as the fleet would face resource shortages. Therefore, NGSC-DS is the only source capable of providing supplies and/or services to satisfy the Government’s need and award to any other source would result in unacceptable schedule delay in fulfilling the agency’s requirement.

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

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI) 206.302-1, a Sources Sought Notice (SSN) was published on

SAM.gov on 10 December 2025 and no responses were received. In accordance with FAR

5.201(B), NAVAIR will synopsize the modification on SAM.gov and review any responses received before awarding or soliciting a contract.

Additionally, any interested parties may be referred to NGC-DSs subcontracting managers for possible subcontracting opportunities.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer determined the cost to the Government for the supplies of the final order period, covered by this J&A, as fair and reasonable prior to award of contract N00019-24-D-

0104.

8. Actions to Remove Barriers to Future Competition.

Competing the requirements related to the FMU-139D/B fuze system is not a viable option without the Government providing potential offerors with a TDP for the FMU-139D/B. Final approval of the TDP is estimated to be completed in the 1st quarter of FY 2030. A competition using a TDP, if awarded to a new vendor, will require a minimum of 2 years before the first Fuze is produced and delivered. Within 2 years it is anticipated that the vendor will be required to set up the production line, order materials, establish and qualify suppliers, perform First Article

Testing on all of the products from the suppliers, and develop and implement internal manufacturing processes and procedures. The vendor and the Government will then prepare for the pre-production efforts and delta qualification process to finalize the Fuze for full-rate production. The TDP, once finalized, will be utilized for a future fuze contract anticipated to be awarded in 2032.

As this is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS 206.104-71, the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS 206.104-72.