24DJR91_JA_REDACTED.pdf

Controlled Unclassified Information

Controlled By: Department of the Navy Controlled By: NSWC Crane Code 02 CUI Category: PROCURE Distribution/Dissemination Control: FED ONLY POC: NSWC-CR 0232 Branch Head

NCH 53.6-2 (23 Mar 2021 Update)

IN REPLY REFER TO:

J&A Number: CR-22103 Code: 0232

P.R. Number: N0016422RJR91

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command Naval Surface Warfare Center, Crane Division (NSWC-CR), Expeditionary Contracts Division, 0232.

2. Description of the Action Being Approved

Award of a firm-fixed-price five (5) year Indefinite Delivery Indefinite Quantity (IDIQ), Supply type contract on a Sole Source basis for the procurement of MK 165 and MK 166 Dual Non- Electric Detonators and the MK 165-169 Delay Detonators in support of requirements, to Ensign Bickford Aerospace and Defense.

3. Description of Supplies/Services

The supplies consist of the Detonator, Non-Electric, Dual, 50 FT MK 165 MOD 0; Detonator, Non-Electric, Dual, 100 FT MK 166 MOD 0; Detonator, 3.8 Second Delay, With Integral Firing Device, MK 167 MOD 0; Detonator, 6.4 Second Delay, With Integral Firing Device, MK 169 MOD 0; Detonator, 9.6 Second Delay, With Integral Firing Device, MK 168 MOD 0, all components. Requirement also consists of First Article Tests, Lot Acceptance Tests and associated Test Data Reports. The anticipated minimum award amount is $300,000 and the maximum is $25,000,000. The table below identifies the estimated dollar values and appropriation type anticipated to be used for projected quantity.

NCH 53.6-2

Estimated Dollar Value FY24 FY25 FY26 FY27 FY28 Totals

PDA 25,000,000

The estimates are based on historical pricing (based on the last contractual price of the item). The ordering period is five (5) years after contract award. The Government’s minimum need has been verified by technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1). One responsible source and no other supplies or services will satisfy the agency requirements, as implemented by FAR 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority

The MK 165 and MK 166 Dual Non-Electric Detonators and the MK 165-169 Delay Detonators are explosive devices designed by Ensign Bickford Aerospace and Defense.

MK 165 and MK 166 Dual Non-Electric Detonators and the MK 165-169 Delay Detonators have been awarded on previous contracts N0016414DJR02 and N0016418DJR63. Each requirement was competed and only one vendor, Ensign Bickford Aerospace and Defense, provided a proposal. The sole proposal provided by Ensign Bickford Aerospace and Defense for each requirement was subsequently found to be technically acceptable in acccordance with the Performance Specification. The MK 165 and MK 166 Dual Non-Electric Detonators and the MK 165-169 Delay Detonators were developed for the community, which had a requirement for detonating devices that integrate the firing pin assembly, pyrotechnic lead and delay detonator into a single device, allowing the devices to be easily used and transported, providing more rapid deployment than other similar demolition devices available.

The MK 165 and MK 166 Dual Non Electric Detonators are also used by the

Requisition Number DJF-18-2200-PR-0003198 was issued to procure the devices on a sole source basis from Ensign Bickford Aerospace and Defense utilizing a Justification For Other Than Full and Open Competition in accordance with USC 253(c)(1) describing the devices as tools very specific for the Counter-IED mission and Ensign Bickford Aerospace and Defense the only known manufacturer capable of producing the devices. Market research conducted for that effort, as well as by the Navy on three separate occasions IAW FAR 6.303-2(b)(8) yielded only one response.

The MK 165 and MK 166 Dual Non-Electric Detonators and the MK 165-169 Delay Detonators are final type qualified items, fielded by multiple services including

Per NAVSEAINST 8020.5D, entitled “QUALIFICATION AND FINAL (TYPE)

QUALIFICATION PROCEDURES FOR NAVY EXPLOSIVES (HIGH

EXPLOSIVES, PROPELLANTS, AND PYROTECHNICS),” this qualification is granted when the qualification explosive has been assessed as part of the design of a specific munition for operational or training use.

The MK 165 and MK 166 Dual Non-Electric Detonators and the MK 165-169 Delay Detonators have successfully completed developmental testing, safety testing, insensitive munitions testing and board approval, hazard classification testing and board approval, fuze testing and board approval, post-test reporting, joint safety board approvals, user evaluations, item manual updates, and user training. This qualification does not constitute the devices or its producer’s inclusion on a Qualified Product List, Qualified Material List, or a Qualified Bidders List in accordance with FAR 9.2.

If the MK 165 and MK 166 Dual Non-Electric Detonators and the MK 165-169 Delay Detonators were competed, new devices would require the same qualification for the fielding process described in the paragraph above. The post-award qualification would take a minimum of three (3) years and approximately $1.9 million dollars to achieve based on historical data from prior product qualification. This three-year timeframe and associated duplication of cost does not account for issues found during the qualification testing that could result in further delays or the expense of repeating tests prior to placing production units into inventory.

MK 165-169 Delay Detonators are approved for service use and are fielded. User manuals illustrate the current devices for the user’s reference. Instructors at Special Operations school houses have been trained to use the current devices and are presently training new users. Multiple services within have already procured each of the devices and have each of the devices in inventory as well as in field use. Awarding a contract to a different vendor would result in a second design that would need to be Safety qualified.

Competing the item would require bid sample testing as part of the evaluation process as the items would be competed to a performance specification. Bid sample testing would not be part of the three (3) year qualification. Depending on what testing is determined to be required, cost is and would add approximately to perform. It would also result in having multiple devices in inventory used for the same purpose. Multiple devices in inventory used for the same purpose could cause confusion with end users who would have to be trained on each individual device and the intricacies unique to each one.

MK 165-169 Delay Detonators are procured from Ensign Bickford Aerospace and Defense under the current contract N00164-D-JR63 for users at and demand for the items remains strong. Projected buys for the devices were acquired from the Program Office and reflect an urgent and sustained need by the for product acquisition. The requirements of the various services do not allow for an additional three years required to qualify new items.

The qualification cost, and schedule as well, were derived from the actual costs and time associated with the qualification and contract awards of the MK 165 and MK 166 Dual Non-Electric Detonators and the MK 165-169 Delay Detonators.

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

Offerors as Practicable

In an effort to broaden competitive resources, a Request for

Information (RFI) sources sought was posted on the Government Point of Entry, Beta.SAM website on 23 August 2021 for the MK 165 Mod 0 and MK 166 Mod 0 Dual Non-Electric Detonators and the MK 167 Mod 0, MK 168 Mod 0, and MK 169

Mod 0 Delay Detonators. The RFI closed on 13 September 2021 with no responses received.

The proposed contract was synopsized on the Government Point of Entry, Beta.SAM website, 30 November 2021. In effort to promote competition the Contract Specialist reached out to two potential sources, did not respond. The synopsis closed on 16 December 2021 with one response received.

responded to the synopsis via email, dated 15

December 2021. stated it did not have the capacity for manufacturing, storing, and delivering the synopsized items at this time.

Additionally, contracts N0016414DJR02 and N0016418DJR63 were awarded on a competitive basis, with only one offer received, to Ensign Bickford Aerospace and Defense. In an effort to promote competition for these contracts, the requirements were synopsized on the Government Point of Entry, FEDBIZOPS website in 2013 and 2017 and no other potential sources expressed an interest in the requirements.

Representatives of the and applicable have each conducted market research on separate occasions beginning in 2013. To date, no other companies have expressed interest in the requirement.

7. Determination of Fair and Reasonable Costs

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. DCMA pricing assistance and/or DCAA audit of contractor’s proposal will be requested along with offeror’s certificate of current cost and pricing to support the fair and reasonable cost determination.

Significant quantities of this requirement have been purchased from this offeror in the past and cost/pricing information was received on those past procurements. This information should be sufficient to support the fair and reasonable cost determination of this procurement. In addition, the contracting office will perform cost analysis and utilize DCMA pricing assistance as needed.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC Crane, has no plans at this time to compete future contracts for the types of supplies covered by this document. If another potential source emerges, NSWC Crane will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including

, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Phone No. Date

REQUIREMENTS COGNIZANCE:

Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90)

I have determined this justification is legally sufficient.

Phone No. Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

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

Phone No. Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Senior Executive of the Science and Technology Reinvention Laboratory (STRL), 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. 2304(c)(1).

Date