Mk 152 Plastic Parts JA -final_REDACTED.pdf

and on the ground. They must meet specific Insensitive Munitions (IM) requirements vital to the function of the warhead. Patrick Industries is the only qualified source which can produce these parts. They successfully qualified the injected molded polycarbonate process for Mk 152 warheads about a decade ago and effectively produced the thermoplastics adapters without any failure or defects reported for the function of the base adapter and fuze adapters. If the adapters are not made to the proper qualifications, there would be an untenable risk to personnel in contravention of Navy safety standards which cannot be compromised.

NSWC IHD is in the process of defining test requirements to qualify alternative mold designs; however, these specifications are not yet complete. The process is expected to take more than 12 months and this would cause unacceptable delays in meeting the Government�s timeline requirements. An unqualified mold design would pose unacceptable risk to system safety. Any deviations in these parts introduced by changes to the fabrication process would introduce weakness into the parts, which could result in safety issues. In order for a competing manufacturer to produce these parts, they would need to conduct extensive material and manufacturing design and qualification testing. Until NSWC IHD can produce material and testing specifications for these parts that manufacturers could use to produce and qualify them, Patrick Industries remains the only acceptable manufacturer for these parts.

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

To further broaden market research and to satisfy the requirements of DFARS PGI 206.301-1(d), a Sources Sought notice was posted on SAM.gov website on 05/02/2023. The posting yielded two capability statements. Lesko Enterprises and Decatur Mold both submitted capability statements that were reviewed by the technical team. The technical team stated that due to the proprietary process that Patrick Industries possesses, this requirement could not be fulfilled by Lesko or Decatur.

Patrick Industries was contacted to inquire of their willingness to sell the Government the proprietary design and process with sufficient technical data rights to enable competition. Patrick Industries responded by stating, �Patrick Industries has designed and built the injection molds as well as developed the manufacturing process. Our motivation to sell the IP is very small, since we would like to keep making parts for the government.� This response has demonstrated they are currently unwilling to propose or negotiate for the design and process with sufficient data rights for the Government to compete this requirement.

As required by FAR 5.203, a pre-solicitation noticed was publicized on the beta.SAM.gov website on 08/07/2023. 0 responses were received in response to the synopsis.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

NSWC IHD is pursuing efforts to define the test requirements to qualify competing mod designs and will continue efforts to request Patrick Industries sell the proprietary design and process with sufficient technical data rights for use in future competitive actions. Until these efforts are successful, as stated in paragraph 5, Patrick Industries remains the only capable source for these requirements.

As this is a follow-on for supplies previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), 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 PGI 206.304(a)(S-70)(ii).

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION