N00174_FY20_JAN22_21_FBO_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD EXPLOSIVE ORDNANCE DISPOSAL TECHNOLOGY DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

J&A Number: FY20-JAN22-21 Code: 026A

Contracts Department - Form 13 (Rev 5/18)

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Surface Warefare Center, Indian Head Explosive Ordnance Disposal Technology Division (NSWC IHEODTD) Contracts Office Code 02.

2. Description of the Action Being Approved

Award of a firm fixed price contract on a sole source basis to American Pacific Corporation (AMPAC) for the manufacture of Ammonium Perchlorate.

American Pacific Corporation 3883 Howard Hughes Prk Ste 700 Las Vegas, NV 89169

3. Description of Supplies/Services

The Explosives & Energetic Division, (M2), of the Energetics Manufacturing Department at NSWC IHEODTD requires 47,500-lb of Ammonium Perchlorate (AP)

J&A Number: FY20-JAN22-21

“SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104”

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

Estimated Dollar Value

FY20 Totals

Total 1,000,000.00 1,000,000.00

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition

Regulation (FAR) 6.302-1(a): Only One Responsible Source and

No Other Supplies or Services Will Satisfy Agency

Requirements.

5. Rationale Justifying Use of Cited Statutory Authority

AMPAC is the only qualified manufacturer of Ammonium

Perchlorate (AP) capable of providing the material per the requirements of the Detail Specification

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

Offerors as Practicable

A Sources Sought notice was posted on (Announcement # N00174-

19-SN-0150) September 12, 2019 to the Federal Business

Opportunities (FedBizOps) website to satisfy the requirement of Defense Federal Acquisition Regulation Supplement (DFARS)

206.302-1(d). American Pacific Corporation was the only company that responded.

As required by Subpart 5.2, a pre-solicitation notice was publicized on the Federal Business Opportunities

(FedBizOpps) website on 12 February 2020. The notice allowed a 30-day response time and closed on 13 March 2020. No responses were received.

7. Determination of Fair and Reasonable Costs

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

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC IHEODTD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWC IHEODTD 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 Acquisition Plan No. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Kay V. Proctor Contracting Officer, 301-744-6680 3/18/202

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity 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).

Competition Advocate for the Procuring Activity

Signature Name (Print) Date Elizabeth Hoover 03/18/2020