N00164_CR24523_SAM_Redacted.pdf

J&A No. CR-24523 Code:

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The Naval Sea Systems Command, Naval Surface Warfare Center, Crane Division (NSWC Crane), Expeditionary Weapons Contracts Branch (Code ).

2. Description of the Action Being Approved.

Award a supply firm-fixed-price, indefinite-delivery, indefinite-quantity, supply contract with a five (5) year ordering period on a sole source basis to Ensign Bickford Aerospace & Defense Company, 640 Hopmeadow Street, Simsbury, CT 06070-2420, Commercial and Government Entity (CAGE) Code 96336.

3. Description of Supplies/Services.

This procurement is for purchase of Low Hazard Flexible Linear Shaped Charges (LHFLSC) with an anticipated maximum quantity of feet. The LHFLSC are designed to produce a linear cutting action in various applications where remote, fast and reliable cutting of obstacles or other targets is desired. The charges are produced in various sizes.

The ordering period for this procurement will be up to five (5) years after contract award, which is anticipated to be during FY25. The approximate lead time for the supply is 365 days.

The estimated total value of this acquisition is in the amount of $19,250,000 all of which is anticipated to be Procurement of Ammo funding.

The Government’s minimum needs have been verified by the certifying Technical and Requirements Personnel.

Estimated Dollar Value

FY25 – 29

Total

Procurement of Ammo $19,250,000

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.

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

CRANE DIVISION

300 HIGHWAY 361

CRANE INDIANA 47522-5001

IN REPLY REFER TO:

5. Rationale Justifying Use of Cited Statutory Authority.

The manufacturer of the flexible explosive for the LHFLSC shall be approved by the Army Qualification Authority. Approval by the Army Qualification Authority requires demonstration that the energetic material meets the requirements of AOP-7 and STANAG 4170 for MIL-PRF-46676C. At this time, one producer has demonstrated their energetic material meets the requirements of AOP-7 and STANAG 4170 for MIL-PRF-46676C and has been approved by the Army Qualification Authority: Ensign-Bickford Aerospace & Defense Company, CAGE Code 96336.

For context, the initial quantities of the LHFLSC were produced by North American Explosives, in Graham, KY. This facility became part of Ensign-Bickford Aerospace & Defense Company, which produced Low Hazard Flexible Linear Shaped Charges for the Government from 2001 to 2007. In 2008, Donovan Commercial Industries, Inc. was awarded contract N00164-08-D-JM11 to produce LHFLSC. On 31 August 2016, a new contract award was split between Donovan Commercial Industries, Inc. (N00164-13-D-JR24) and Ensign Bickford Aerospace & Defense Company (N00164-14-D-JR10). On , Donovan Commercial Industries, Inc. notified the Government that Donovan Commercial Industries, Inc. would be subcontracting production of contract N00164-13-D-JR24 to Ensign-Bickford Aerospace & Defense Company and would no longer manufacture LHFLSC.

Donovan Commercial Industries, Inc. is no longer approved by the Army Qualification Authority.

On 28 September 2020, Ensign-Bickford Aerospace & Defense was awarded sole source contract N00164-20-D-JR75 to produce LHFLSC. During the solicitation of N00164-20-D-JR75, showed interest, but ultimately stated that was experiencing development delays for the family of LHFLSC and was not properly postured to compete. Upon exercising Option Year 1 and 2 of N00164-20-D-JR75, the Requiring Technical Activity (RTA) and Procuring Contracting Officer (PCO) reassessed qualification status with for LHFLSC energetic material. does not have extruded explosive material capability.

Ensign-Bickford Aerospace & Defense Company is the only source currently that has received approval from the Army Qualification Authority by demonstrating their energetic material meets the requirements of AOP-7 and STANAG 4170 for MIL-PRF-46676C. In order to receive an award for the LHFLSC, any new supplier would need to receive approval from the Army Qualification Authority per MIL-PRF-46676C requirements.

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

A request for information (RFI) for this procurement was posted on the SAM.gov website on June 6, 2023, in accordance with (IAW) FAR Part 10 and only expressed an initial interest in this requirement. However, formally indicated that would not be providing an RFI response due to continued delays in developing the program. In an effort to further market research and gauge future interest, was contacted on , and , via . On , and , respectively, responded stating that is still several years away from developing an acceptable Low Hazard Flexible Linear Shaped Charge product due to major technical, infrastructure and priority issues. has not yet initiated the qualification effort with the Army Qualification Authority for flexible explosive formulation per MIL-PRF- 46676C.

On April 11, 2024, a synopsis was posted on the SAM.gov website stating the sole source basis and no responses nor sole source challenges have been received.

The absence of responses from industry vendors IAW FAR Part 10 supports the determination that there are no other sources reasonably capable of satisfying the requirements for this procurement.

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 J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

As this is a follow-on for supplies and services 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).