JA Mossberg Redacted.pdf

CUI//SP-PROCURE

Control Number:

Justification Review Document For Other than Full and Open Competition – FAR PART 6

Program/Equipment: Mossberg shotgun weapon systems (M500 and the M590/M590A1) and Concurrent Spare Parts (CSP) kits comprised of repair/replacement parts for above listed models identified on an order-by-order basis.

Authority: Title 10 United State Code (U.S.C.) Section 3204(a)(1) as implemented in Federal Acquisition Regulation (FAR) 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount:

Prepared by:

Contract Specialist Date: 1 July 2024 E-mail:

Contracting Officer:

E-Mail: Date: 17 July 2024

Technical Representative:

Date: 23 AUG 2024

Requirements Representative:

Date: 23 AUG 2024

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Project Manager

Signature:

Date: _23AUG24__

Legal Counsel

Typed Name:

27AUG24

Signature: __ ________ Date: ____________

Justification and Approval for Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: U.S. Army Contracting Command - New Jersey

2. Description of Action: ACC-NJ, on behalf of the Office of the Project Manager Soldier Lethality, requests approval of this justification for a new Indefinite Delivery/Indefinite Quantity (IDIQ) contract will be used.

3. Description of Supplies/Services: The requirements are for the M500 Modular Combat Shotgun (MCS) 12 Gauge Shotgun, Riot Type, in a 18.5” barrel configurations and a limited number of spare parts kits. The estimated quantity of this effort is approximately 500 units and 10 spare parts kits. The shotguns’ configurations are as follows:

SKU 50470 50476 50673 50697 50765

Model 590 500 Flex 500

Tactical 590 Cruiser 590A1

NSN 1005-01-

371-4462

1005-01- 295-1832

Barrel length, inches

18.5 18.5 18.5 18.5 18.5

Overall length, inches

40 40 28.12 28.12 39.5

Barrel wall thickness

Heavy Standard Standard Standard Heavy

Stand-off device

No No Yes Yes No

Finish Blued Blued Blued Blued Parkerized Sights White dot front White dot front

White dot front

White dot front

Ghost Ring

Takedown system

Cleanout tube

Takedown screw

Takedown screw

Cleanout tube

Cleanout tube

Mag Capacity +

6+1 6+1 5+1 5+1 6+1

Length-of- Pull

Reduced Reduced Pistol grip Pistol grip Fixed, 13.87"

Receiver mount interface

Standard Standard Tool-less FLEX system

Standard Standard

Forestock interface

Standard Standard Tool-less FLEX system

Standard Standard, M-Lok Forend

Trigger guard & safety

Aluminum Aluminum Aluminum

Heat shield None None None None None Bayonet lug None None None None Yes Sling Included Included

Contractor Spare Parts Kit CSP

• Mossberg 500/590/590A1 Spare Parts Kit MOS-104733

QTY/CSP DESCRIPTION Mossberg

PART #

1 One (1) Pin, Trigger HSG Parkerized (Trigger pin)

7343P

1 One (1) Ejector Parkerized (Ejector) 1538P 1 One (1) Ejector Screw Parkerized (Ejector screw) - # 1539P

1 One (1) Screw Safety Button Parkerized (Safety screw) - #

11125P

1 One (1) Pin, Firing 590.500 Parkerized (Firing pin) - #

11793P /

11793BL

1 One (1) Safety Button Parkerized (Safety Button) - #

13049P

1 One (1) Cartridge Interrupter 12GA Parkerized (Cartridge interrupter) - #

7607P / 7607BL

1 One (1) M500Ac Cartridge Stop, Studded Park (Cartridge stop) - #

101694P /

101694BL

1 One (1) Spring Detent (Oil) (Spring detent)

11761 / 7301

1 One (1) Safety Detent Plate Parkerized (Detent plate) - #

16897P / 6297P

1 One (1) 590/935/930 Ball, Detent (Ball detent) - #

1 One (1) Extractor LH MIM Parkerized (LH extractor) - #

12762P

1 One (1) Extractor, RH Parkerized MIM (RH extractor) - #

12761P

1 One (1) Spring, Extractor For MIL W/Oil (Extractor spring) - #

7330 / 1585

1 One (1) Collar, Firing Pin Parkerized (Firing pin collar) - #

7429P / 7429

1 One (1) Spring, Firing Pin Military (Oil) (Firing pin spring) - #

14629MIL /

14629

1 One (1) Retaining Pin, Parkerized (RH extractor/firing pin retaining pin) - #

1544P / 1544

1 One (1) Pin, Extractor LH Parkerized (LH extractor retaining pin) - #

1599P / 1599

1 One (1) Bolt Lock 12GA Parkerized (Bolt lock) - #

16106P

1 One (1) Pin, Bolt Lock Parkerized (Bolt lock pin) - #

1531P / 1531BL

The period of performance will be for five years from date of contract award. The procurement is for an estimated total of 500 shotguns and 10 spare parts kits. The total contract ceiling for the five year IDIQ is $ .

4. Authority Cited: Title 10 United States Code (U.S.C.) 3204(a)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited: As described in FAR 6.302-1(a) (2), when the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 6.302- 1(c)(1), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited and shall be justified and approved in accordance with 6.303 and 6.304.

The proposed source for this action is O.F. Mossberg & Sons, incorporated, 7 Grasso Ave., North Haven, CT 06473-3237 (Mossberg).

The M500 MCSs are essential to the US Army and the FMS community to ensure continuity of training and tactics. The M500 MCSs are the 12 gauge shotguns currently in the field for the Government and its foreign allies and there is an established weapon training and logistical support systems in place to sustain these shotguns in the field. Procuring a different weapon system would entail creating new weapon training procedures and developing and implementing new logistical support systems which would have to be in place before the new weapon is fielded resulting in a 12-15 month delay in fielding the new weapon system. For logistics, new drawing packages would have to be made, which include renderings and descriptive characteristics for the system, its assemblies, and spare parts, which would support assignment of new stock numbers. The training effort would include development of a new technical manual, and tactical and support training packages.

A delay in fielding a different weapon system would impact the combat capability of the Service Members.

Through its utilization, the US Army and foreign armed forces personnel have become very familiar with the M500 MCS use and performance abilities and as such, these specific products are requested by brand name and Original Equipment Manufacturer.

Introduction of a new 12 gauge shotgun would add substantial logistical burden to duplicate the maintenance infrastructure, operational and maintenance training programs and adversely affect suitability to the mission.

Purchasing a different shotgun would result in a mix of fielded systems, increasing operational risk. Grave bodily injury to users or bystanders could result as a consequence of improper use of an unfamiliar system or ineffective use of such a system.

From a logistical standpoint, another system from another manufacturer would be logistically inefficient as separate stockpiles of parts would need to be maintained. In addition, maintenance personnel would be required to be trained on multiple systems.

Specifically, new training and maintenance procedures would have to be developed in addition to the re-procurement costs associated with replacing the current supply of M500 shotguns, resulting in degraded mission performance for foreign allies and the DA.

6. Efforts to obtain Competition

a. Effective Competition: Because this is a sole source action, effective competition is not anticipated. The notices required by FAR 5.201 shall be published and any proposals received will be considered.

b. Subcontracting Competition: A Subcontracting Plan is not required since the proposed source, Mossberg is a small business.

7. Actions to Increase Competition: Unless future requirements change for another 12 gauge shotgun for the DA and FMS BPC, competition is not feasible at this time. Technical design, development, and data knowledge are not available to foster competition.

The M500 MCS is a proprietary system developed and patented by Mossberg. The purchase cost of shotguns is low compared to training and support costs and the Government's training and support is oriented towards the M500 MCS, making it the lowest-cost option for fielding additional shotguns.

Market Research will be conducted periodically by the government to determine if other sources exist that may be able to provide an acceptable product to the Government at a reasonable price.

8. Market Research:

A Sources Sought Notice Number W15QKN-24-X-0YN0 posted from Nov 20, 2023 – Dec 12, 2023 on beta.SAM.gov received Four (4) respondents.

The respondents were required to identify their capability to manufacture a Combat

Shotgun compliant with MIL-S-3443G, Military Specification Shotgun 12 Gauge, Riot- Type.

Based on the information received in response to this notice by the four identified respondents and the price and delivery conditions in Contract W15QKN-20-D-0048 (with similar terms expected in the next IDIQ, with price increases for the reasons previously indicated), there is not likely to be effective competition within the meaning of the FAR. Of the respondents, In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a request for sources sought was posted to beta.SAM.gov on Nov 20, 2023, with 4 responses.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History

(1) Contract Number: W15QKN-20-D-0048 awarded to Mossberg on 25 September 2020

(2) Competitive Status: Other than Full and Open Competition

(3) Authority previously cited: FAR 6.302-1 (a)(2)(ii) (A), Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

(4) Summary of the contents of paragraph 7: Unless future requirements change for another 12 gauge shotgun for the

(5) No prior contracts for this requirement have been accomplished using full and open competition.

(6) No unusual patterns have appeared based on the procurements.

(7) Significant Changes: There have been no significant changes to the requirement to justify a non-competitive requirement.

b. Other Facts: Contract 00164-05-D-4835 for M500 shotguns was awarded 13 April 2005, by Crane Division, Naval Surface Warfare Center. The competitive status was Sole Source to Mossberg. ACC-NJ does not have access to the J&A that supported that procurement.

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: Date: _23AUG24________

Title: Product Director Crew Served Weapons Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: Date: _23AUG24_______

Title: Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. A price analysis will be used to determine reasonableness when the items are of a commercial nature. The price analysis will consist of a comparison of proposed prices to historical prices paid for the similar like items; and also be compared against the Independent Government Estimates. Other than certified cost or pricing data will be requested to include history of sales to non-governmental and governmental entities and cost data, on sales of these items to help with the price analysis.

As a part of this basis, certified cost or pricing data will not be required and the following exception applies FAR 15.403(b) (3): A commercial item is being acquired.

Typed Name: Date: _27 AUG 2024_

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Date: _27 AUG 2024_

Approval

Based on the foregoing justification, I hereby approve the procurement of M500 Modular Combat Shotgun (MCS) 12 Gauge Shotgun, Riot Type, in a 18.5” barrel configurations and a limited number of spare parts kits. The estimated quantity of this effort is approximately 500 shotguns and 10 spare parts kits. The total contract ceiling for the five year IDIQ is $406,813.21 on an other than full and open competition basis pursuant to the authority of 10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302- 1(a)(2)(iii)(A), only one responsible source and no other suppliers or services will satisfy agency requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.

Date: 27 AUG 2024