REDACT_TAB A1_CJA 22-0072_FMU139DB_FINAL.pdf

CJ&A # 22-0072

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.

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(B) and FAR 6.302-1(a)(2)(iii)(B), award to any other source would result in unacceptable schedule delay.

NGC-DS has fully qualified the FMU-139D/B Fuze System, including the accessory parts to Government standards. The fuze system has gained flight clearance approval for the USN and USAF to support ongoing flight- testing in new weapons under development to be flown by the Navy, Marine Corps and Air Force aircraft.

Currently, NGC-DS is the only supplier capable of providing supplies and/or services to satisfy need of a fully qualified fuze to fulfill inventory requirements within the time required by the government. As the sole designer, developer, manufacturer, and integrator of the FMU-139D/B fuzes and its accessory parts, only NGC-DS has the knowledge, experience and access to the technical data necessary to fulfill the Government’s needs within the schedule requirements.

The current contract was competitively awarded 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 System. The current contract includes a Not Separately Priced (NSP) optional line item for the Technical Data Package (TDP), which was exercised on 11 April 2023 with an initial submittal of 12 June 2023. The Government will not have a TDP sufficient or suitable for a competitive follow-on contract solicitation until June 2024 due to requirements to update the submitted TDP drawings to Navy numbers, Navy Markings, and obtain Engineering Change Proposal approval. Without the aforementioned updates to the submitted TDP drawings, NAVAIR cannot ensure fuzes will meet the Government’s requirements. Based upon the 12 months required for NAVAIR TDP updates, 18 months for a new competition, followed by 12 months for a new contractor to qualify its fuzes, and 18 months for production, NAVAIR would not start receiving fuzes from a competitive procurement until May 2028; aligning with the final delivery for Full Rate Production covered under this CJ&A.

Such a delay is unacceptable as it would cause a lapse in fuze deliveries which would negatively impact USN and USAF inventory requirements. USN and USAF fuze inventories rely on annual procurements to maintain combat usable inventories in support of the government’s operational plans and proficiency training requirements.

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 (SS) was issued on SAM.gov on April 24, 2023. No responses were received. In accordance with FAR 5.201(b), NAVAIR synopsized the Fuze production effort on SAM.gov on May 10, 2023 and received no responses.

Any responses received before contract award will be evaluated to determine whether the

CJ&A # 22-0072

potential sources are technically acceptable to adequately satisfy the Government's requirements.

Additionally, any interested parties may be referred to NGC-DSs subcontracting managers for possible subcontracting opportunities. As required by FAR 5.201 a synopsis of each individual order placed under the BOA will be published to the SAM.gov website. Any inquires received as a result of the notice will be given full consideration prior to award.

7. Determination of Fair and Reasonable Cost.

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

8. Actions to Remove Barriers to Future Competition.

The Government will obtain a TDP that will support competition for future acquisitions of the same items. PMA-201 anticipates future acquisitions for the FMU- 139D/B Fuze System and associated support will be competed. The Government will not have a TDP sufficient or suitable for a competitive follow-on contract solicitation until June 2024 due to requirements to update the submitted TDP drawings to Navy numbers, Navy Markings, and obtain Engineering Change Proposal approval.

The procurement is a follow-on to supplies and services contract previously awarded on a non-competitive basis. In accordance with DFARS PGI 206.304(a)(i), the prior CJ&A 16-0375 was provided to the approval authority for review. Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).