Mk 70 Push Mixer - JA-final_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

J&A No. FY24-NOV28-24 Code: 026

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The Naval Sea Systems Command, Naval Surface Warfare Center Indian Head Division (NSWC IHD), Contracts Code 026.

2. Description of the Action Being Approved.

Award of a Firm Fixed Price (FFP) contract on a sole source basis for Dual Asymmetric Centrifuge14000-20000 VAC Twin SpeedMixer, in support of the MK 70 PUSH Program to:

FlackTek, Inc.

1708 Highway 11 Bldg G Landrum, SC 29356

3. Description of Supplies/Services.

The requirements in this document contain the information necessary for the purchase of a DAC 14000-20000 VAC Twin SpeedMixer for use in energetic deliverables at Naval Surface Warfare Center Indian Head Division (NSWC IHD).

The Contractor shall deliver a DAC 14000-20000 VAC Twin SpeedMixer. Deliverables shall be packaged and ready for use.

The Government's minimum needs have been verified by the certifying technical and requirements personnel.

The total estimated cost of the proposed contract action is $350K. Research, Development, Test, Evaluation, (RDT&E) appropriation will be utilized for this procurement.

Estimated Dollar Value

FY23

J&A No. FY24-NOV28-24 Code: 026

4. Statutory Authority Permitting Other Than Full and Open Competition.

This acquisition is conducted under the authority of 10 USC 3204(a)(1) as implemented by FAR 6.302-1(a)(2)(ii)(b) - Only One Responsible Source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

FlackTek developed speed mixing technology in conjunction with US patent #US20070002681A1 and US6099160A. Other speed mixers on the market only try to replicate this patent, but are unable to achieve the same level of quality. Key features of Flacktek mixers are: remote operation with an interlock system, they do not need counterbalancing when mixing, they have cost effective mixing containers, they have been built to contain all energy in event of machine failure, and they outperform similar mixers with higher mixing speeds. All of these features provide extra layers of protection to the operators of the mixer which are critical for energetic operate.

Prior work with academic laboratories provided experience with the alternative to the FlackTek mixer, Thinky mixers.

These mixers are unable to be used remotely, require counter balancing, have a larger footprint, and require more expensive / proprietary mixing containers. Thinky mixers are unable to replicate the same mixer design due to the patent that FlackTek has, resulting in a lack of safety features and reliability. Other companies that sell similar systems, such as: MEDSICA, UNIX, and MTI, resemble Thinky mixers. Upon further research it is clear that the FlackTek outperforms all other mixers of similar design on the market, while maintaining a similar price point.

Given contract and manufacturing lead times, there is insufficient time to qualify a new source. Any delays in contracting or production will negatively impact the fleet.

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 206.302-1(d), a Sources Sought notice was posted on SAM.gov website on 09/06/2023. The posting yielded zero (0) results.

As required by FAR 5.203, a pre-solicitation notice was publicized on the SAM.gov website on 9/19/2023. Zero (0) responses were received.

7. Determination of Fair and Reasonable Cost.

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

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NSWC IHD Contracts Department has no plans at this time to compete future contracts for the type of service covered by this document.

For future efforts, in order to change conditions that preclude the use of full and open competition, the procuring activity intends to perform additional market research. If through market research, it is deemed that one or more potential candidates have the technical capabilities, then a qualification contract will be competed to develop a second source.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents except as noted herein are complete and accurate to the best of my knowledge and belief.

Combined Technical/Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

APPROVAL

Upon the basis of the above justification, I hereby approve, as Contracting Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1)).

Jamie L. Brown Date Contracting Officer

1/2/2024