JOFOC89233120NNA000056.pdf

NATIONAL NUCLEAR SECURITY ADMINISTRATION

OFFICE OF SECURE TRANSPORTATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

40X46MM GRENADE LAUNCHER HK GLM “M320”

June 12, 2020

JOFOC Page 2

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

40X46MM GRENADE LAUNCHER HK GLM “M320”

MANUFACTURED BY

HECKLER & KOCH DEFENSE

I. AGENCY IDENTITY AND CONTRACTING OFFICE

The U.S. Department of Energy/National Nuclear Security Administration's (DOE/NNSA) Office of Secure Transportation (OST) plans to contract for the purchase of HECKLER & KOCH DEFENSE 40X46MM GRENADE LAUNCHER HK GLM “M320” by means of other than full and open competition. The contracting activity is the NNSA Non-M&O Contracting Operations Division, Specialty Acquisition Section, Supplies & IA Team (NA-

APM-123.2).

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This document sets forth the justification and approval of the use of one of the exceptions to full and open competition allowed under the Competition in Contracting Act (CICA) of 1984, Public Law 98-369. Specifically, OST intends to acquire the 40X46MM GRENADE LAUNCHER HK GLM “M320” via a sole-source to HECKLER & KOCH as follows:

HECKLER & KOCH DEFENSE

Address 19980 Highland Vista Drive, Suite # 190, Ashburn, VA, 20147 North American Industry Classification System (NAICS) Code

332994

Size Standard Less than 1000 Employees

JOFOC Page 3

III. DESCRIPTION OF SUPPLIES

OST National Security Mission

OST is responsible for the safe and secure transportation of nuclear weapons (NWs), special nuclear materials (SNMs), and nuclear weapons components (NWCs) and assemblies between production facilities and Department of Defense facilities using ground and air modes of transportation. The nuclear materials and components are entrusted to the custody of the OST Federal Agents (FAs) who are responsible for preventing the theft, sabotage or takeover of nuclear weapons/materials. In the event that the OST shipments come under attack and the nuclear materials and components have been compromised and taken over by adversaries and removed from a Security Protection Level shipment, OST Policy 5.06C “Fresh Pursuit in Emergency Operations” authorizes the FAs to use all necessary means for immediate recovery to include pursuit and the use of deadly force in accordance with National Security Presidential Directive (NSPD) 28. Because the FAs have an affirmative duty to recover the NWs, NWCs, and SNMs from unauthorized individuals, the FAs receive extensive initial and continuous specialized training which test and enhances the FAs’ firearms and tactical proficiency through realistic and extensive urban movement and defensive training scenarios, live fire range training, small unit infantry tactics, and close-quarter battle. The range of individual and team tactical training scenarios therefore maintains and enhances the FA’s knowledge, skills, and tactical leadership abilities to detect, mitigate, and/or eliminate all threats to the shipments within their protective custody.

The approximate cost of the 40X46MM GRENADE LAUNCHER HK GLM “M320” is below $500,000.00 including spare parts. This cost is inclusive of all hardware, accessories, and training associated with the 40X46MM GRENADE LAUNCHER HK GLM “M320”. A Firm- Fixed Price Indefinite Delivery Indefinite Quantity contract vehicle is being contemplated for additional Grenade launcher parts to be ordered over a five (5) year period with the majority of the costs anticipated in the initial base year.

IV. AUTHORITY

The statutory authority permitting other than full and open competition is 41 USC §3304(a)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 1(c)(1), which permits contracting on a brand name basis when the supply or service is only available from one manufacturer.

JOFOC Page 4

V. APPLICATION OF AUTHORITY

This brand name justification is to equip OST FA’s with a 40mm grenade launcher which has the capability of being used as a stand-alone weapon system with enhanced accuracy, the lightweight H&K 40MM M320 GLM grenade launcher fires a variety of ammunition including CS, HE, AP, Less Lethal, and flares out to 400 meters with accuracy not available from competing sources. The M320’s complete self-cocking firing mechanism is included in the receiver, allowing it to be operated as an independent weapon even when attached to a rifle/carbine. The receiver is made of high strength forged aluminum alloy, which offers it extreme ruggedness, yet keeps weight to a minimum. The barrel, which is also made of a high strength aluminum alloy, is a side-loading, rifled barrel which is spring actuated for quick loading and unloading.

At this time, Heckler & Koch is the only manufacturer of a grenade launcher that meets the OST’s requirements. The unique properties/features of the 40MM M320 GRENADE LAUNCHER are specified below:

• Commercial-off-the-shelf (COTS)

• Side-loading breach/ loading

• Ambidextrous barrel release lever

• Ambidextrous safety

• Double Action trigger

• Day/Night sight (DNS) compatible

• US Army and NATO-standard ammunition compatible

• Maximum range of 400 yards (area target)

• Effective range of up to 150 yards (point target)

• Removable adjusting buttstock

• Removable/Collapsible foregrip

• Fold down ladder sight

• Integrated MIL-STD picatinny rail

• Sling/Holster compatibility

• Weapon mounted compatibility

• Ease of manipulation with gloves on Day or Night without looking

• Ruggedized in order to withstand shock, vibration, extreme temperatures and environmental conditions e.g. sand, wind, dust, etc. expected in mission environments

JOFOC Page 5

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

In accordance with FAR §5.201, a Sources Sought Synopsis (SSS), “RFI 89233120NNA000056 40mm M320 Grenade Launcher” was published through the “beta.SAM.gov” site on February 6, 2020 requesting vendor’s Statement of Capabilities (SOCs) with a due date of February 21, 2020. In response to the SSS, NA-APM 123-2 received three (3) responses. As discussed in greater detail in Section VIII Market Research, based on the Government’s reviews of the SOCs, including additional information obtained through extensive market research, the Government does not anticipate additional sources other than Heckler & Koch will meet its requirements.

However, the Government will continue to identify additional sources as information becomes available.

VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

The Contracting Officer shall conduct a thorough review of recent contract awards for the 40X46MM GRENADE LAUNCHER HK GLM “M320” by the US Marine Corps and US Army. The CO will then make a determination of cost/price reasonableness utilizing various methods including a price analysis which incorporates a technical analysis and an Independent Government Cost Estimate, including any other relevant market research and other cost estimating methodologies. Accordingly, it is the determination of the CO that the anticipated costs will be fair and reasonable.

VIII. MARKET RESEARCH

Table 2 below reflects additional market research that was conducted in accordance with FAR §10.001(a) (2). An evaluation was conducted by OST of the three SOCs received in response to the SSS and the evaluation team’s notes are also captured in Table 2. OST subject matter experts (SMEs) reviewed the companies and determined whether their 40MM M320 GRENADE LAUNCHER system met OST’s requirements. At this time, the OST SMEs have determined that no other 40MM M320 GRENADE LAUNCHER meets the requirements.

JOFOC Page 6

Table 2 – Efforts to Identify Additional Sources

Company Findings

Web searches (i) https://taskandpurpose.com/analysis/m320-grenade-launcher-review

(ii) https://military.wikia.org/wiki/M320_Grenade_Launcher_Module

(iii) https://www.thefirearmblog.com/blog/2018/09/20/us-made-m320a1-40mm-grenade-launcher/

Trade/ Show conferences

(i) Shot Show conferences.

(ii) Warrior Expo conference.

Equipment vendors

(i) Heckler & Koch Defense.

(ii) RM Equipment.

(iii) LMT (Lewis Machine and Tool).

(iv) Milkor USA.

Contact with ex-military users

(i)US Army

(ii) US Marine Corp.

AirTronic USA, LLC

(i) Did not have a side-loading breach/ loading chamber.

(ii) Did not have a Double Action trigger. Single Action trigger only with a safety.

(iii) Did not have a Removable/ Collapsible foregrip. Conventional handguard only.

(iv) Sling/Holster compatibility. Was not holster compatible

Heckler & Koch Defense

(i) Met All requirements.

EMG (i) EMG partners with manufacturers of this weapon system and can only provide quotes.

(ii) EMG does not provide armor training for weapon system.

(iii) EMG does not provide customer service for weapon system repairs.

(iv) EMG does not provide spare parts needed to maintain weapon system.

https://taskandpurpose.com/analysis/m320-grenade-launcher-review https://taskandpurpose.com/analysis/m320-grenade-launcher-review https://military.wikia.org/wiki/M320_Grenade_Launcher_Module https://www.thefirearmblog.com/blog/2018/09/20/us-made-m320a1-40mm-grenade-launcher/ https://www.thefirearmblog.com/blog/2018/09/20/us-made-m320a1-40mm-grenade-launcher/

JOFOC Page 7

IX. OTHER FACTS

As discussed in Section VIII, a technical evaluation performed by OST’s SMEs revealed only one known responsible and available source that can meet the Government’s requirement. OST SMEs shall continue to conduct market research to determine the vendor capabilities in meeting OST’s requirements. However, at this time, Heckler & Koch is the only manufacturer who can meet all of OST’s requirements as discussed in Section V.

X. INTERESTED SOURCES

As discussed in Section VIII, additional sources not identified here may submit a Statement of Capability in response to this Justification for Other than Full and Open Competition. If so, OST will evaluate any submitted Statements of Capability and determine whether this sole source action can be supported. In the interim, OST continues to conduct market research to determine if there are other firms capable of meeting OST’s requirements.

XI. STEPS TO FOSTER COMPETITION

OST will continue to research additional sources of suppliers for their requirements.

XII. CERTIFICATIONS

Acquisition Initiator/Technical Representative:

The Technical Representative certified via an e-mail to the CO that the facts and representations under their cognizance, which were included in this justification and which formed a basis for this justification, were complete and accurate.

Program Manager:

Additionally, the Program Manager also affirmed via an e-mail to the CO that they had reviewed this justification and found it to be accurate and complete to the best of their knowledge and belief.

JOFOC Page 8

Contracting Officer:

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

_________________________________ 6-12-2020 David Clonts Date Non-M&O Contracting Officer

DOE/NNSA