REDACTED J_A for XM914.pdf

Control No.:

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: 30mmx113mm Auto Cannon Gun System (ACGS).

Authority: Title 10 United States Code (U.S.C.) Section 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared by:

Contracting Officer:

Technical Representative:

Requirements Representative:

jacalyn.dyda Highlight

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

DSN:

Signature: //signed// Date: 4/4/19

Legal Counsel:

Typed Name: DSN:

Signature: //signed// Date: 4/5/19

Division Chief:

Signature: //signed// Date: 4/8/19

Associate Director:

Signature: //signed// Date: 4/15/19

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command - New Jersey

2. Description of Action: Program Manager Soldier Weapons (PM-SW) requests approval for a new Firm Fixed Price contract. Fiscal year 2019 funds from the procurement funds will be used.

3. Description of Supplies/Services: This requirement is for 30mmx113mm Auto Cannon Gun System (ACGS) weapon system, spare parts and contractor logistics support (CLS). The 30mmx113mm ACGS has the following specifications: single feed, capable of firing 200 rounds per minute of linked, electrically primed and Army qualified 30mmx113mm ammunition (M789 High-Explosive, Dual-Purpose (HEDP) and M788 Target Practice (TP)) rounds. The weapon will be powered with 28 Volt Direct Current (VDC), incorporate a 1 horse power (HP) motor and includes hang-fire protection. The system should also include, associated ancillary equipment, (gun control unit, gun drive cable, and basic issue items). The spare parts and CLS will be covered under a two year period of performance to assess the fielded guns beginning fourth quarter fiscal year 20 . CLS items may include, but not be limited to, training, technical manuals and weapon maintenance that cannot be performed by the operator. The total estimated value of this requirement is . The period of performance will be 24 months from date of contract award.

4. Authority Cited: Title 10 United States Code (U.S.C.) Section 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(B), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason Authority Cited: As described in FAR 6.302-1(a)(2), when the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 6.302- 1(a)(2)(ii)(B), supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements. The Government intends to award the proposed contract to Alliant Techsystems Operations LLC/Northrop Grumman Corp. 3309 N. Reseda Circle, Mesa, AZ 85215.

The Department of the Navy, Headquarters USMC, issued a memo

The memo indicates there exists an unusual and compelling need for a capability for deployed Marines operating within the Central Command Area of Responsibility. The Marine Air Defense Integrated System (MADIS) Family of System Overview states the need to capabilities with a direct fire weapon capable of

The 30mmx113mm ACGS weapon system produced solely by Alliant Techsystems LLC/Northrop Grumman Corp. was identified as the weapon with features that meet the requirements based on a joint effort with the Army as stated in the

PM Crew Served Weapons is the item manager for this system. In addition, under Tank and Automotive Command contract W56HZV-15-C-0095, PM JLTV funded contractor , to identify feasible options for the medium caliber weapon system with sight and control to be integrated onto a The study completed 17 February 2017, included a comparison of medium caliber weapon options (20mm-50mm). The study determined based on specific criteria that of the weapon systems the Orbital Alliant Techsystems M230 Link Fed 30mm x 113mm chain gun was the only weapon that met the characteristics evaluated. Northrop Grumman purchased Orbital ATK in 2018, naming the company Alliant Techsystems LLC/Northrup Grumman Corp. and currently produces the 30mmx113mm ACGS. The recoil force of 1,650 lb. (7,339 N) was less than the 2,000 lb.

(8,896 N) target and within current capability of the crew capsule roof and roof reinforcement structure. The total weapon weight of 160 lb. (72.6 kg) was also less than the 200 lb. (90.7 kg) target and the weapon is currently manufactured in the United States.

Further revisions were made to the 30mm weapon system under Army Other Transactions DoD Ordnance Technology Consortium (DOTC) 15-01-INIT046 and

DOTC 18-01-INIT0159.

An alternative would be for the Government to develop a new system to meet the 30mmx113mm ACGS weapon system and obtain Government purpose rights for full and open competition. To accomplish this a technology development contract would need to be awarded for development a 30mm auto cannon and sub-assemblies. Once awarded, months would be required for the contractor to develop and conduct component and sub-assembly development testing leading to a proposed prototype system level design at a preliminary design review. Subsequent to this process, the contractor would need to produce system level test prototypes. Another months would be required to build the early prototype weapon for contractor system level engineering testing. Contractor system level development testing would require another months leading to critical design review. Upon completion of the critical design review the contractor would require another months to build an auto cannon to support Government qualification testing as well as initial operational test and logistics demonstration. Government qualification testing of the auto cannon would require another months. Assuming total overlap of procurement acquisition lead time and allowing some overlap of the above efforts, years would be required for a new auto cannon and sub-assemblies to be at the same level of maturity as the 30mmx113mm ACGS weapon system if successful, and would not be battle tested as the M230 has been for over 30 years. The Oshkosh study determined that the 30mmx113mm Auto Cannon fits the needs of the requirement. Consequently, a full and open competition will be an unacceptable delay in fulfilling agency requirements. Procuring the item via “Other than Full and Open” competition will allow the Government to purchase the ACGS weapon systems and meet the fielding / Urgent Materiel Release (UMR) schedule of FY while supplying the item that meets the required features.

Alliant Techsystems LLC/Northrup Grumman developed the M230 Chain Gun for the Army’s AH-64 Apache helicopter and also designed, developed and produced both the M788 TP round and the M789 HEDP tactical round for the Apache. Alliant Techsystems LLC/Northrop Grumman’s 30mmx113mm ACGS is a derivative of the Army Qualified M230 chain gun with 70% parts commonality. Modifications include a longer and heavier barrel to reduce recoil forces, lower firing rate, 28VDC 1 HP motor for ground vehicle applications and hang-fire safety protection. Alliant Techsystems LLC/Northrop Grumman is the only producer for this brand of weapon system and owns all rights to their technical data package (TDP). The Government has requested to purchase the TDP many times under the M230 program from Alliant Techsystems LLC/Northrop Grumman (formerly Orbital ATK), which they have declined to sell. The 30mmx113mm ACGS weapon cannot be procured competitively since the TDP is fully owned by Northrup Grumman and the Government does not have any licensing rights to compete this requirement. As the designer and developer of this system they are the only source capable of supplying these items to fulfill the Marine’s needs. This 30mmx113mm ACGS weapon provides a unique capability, a five year delay would put the delivery of an essential item to a critical program at risk with the potential of harming the U.S.

Warfigher.

The delay in awarding this contract will prevent the testing scheduled for this year and fielding of the weapon system in The MADIS will transition to a Program of Record with an initial operational capability in FY The delay in this weapon system capabilities and the continued emerging threats could lead to mission failure or cause unnecessary loss of life and/or loss of critical assets to military forces.

6. Efforts to Obtain Competition:

a) Effective competition is not applicable as this is a sole source requirement The notice required by FAR 5.201 shall be published, any proposals received will be considered.

b) Subcontracting Competition: Subcontracting competition will be achieved by the prime contractor by publicizing subcontracting opportunities, as appropriate, in accordance with FAR 5.206. Competition at the subcontractor level will be encouraged through publication of the synopsis required by FAR 5.201 and the contract will include FAR clause 52.244-5 “Competition in Subcontracting” and FAR 52.219-9 “Small Business Subcontracting Plan.

7. Actions to Increase Competition:

Continuous market research will need to be conducted by the Army to determine if other companies are producing a comparable weapon system to the 30mmx113mm ACGS, currently the weapon of choice. The current weapon system specifications meet the immediate need resulting in limited competition. Alliant Techsystems LLC/Northrop Grumman holds all data rights and has not put forth a cost to the Government to purchase the data rights to the 30mmx113mm ACGS weapon system.

As such, the Government believes the costs associated with any effort by the to re-engineer the weapon to obtain a Government TDP is cost prohibitive and would not be recovered in future purchases of such items.

8. Market Research:

A formal Sources Sought notice (number W15QKN-19-X-057T) for the 30mmx113mm ACGS weapon under NAICS 332994 was posted to Federal Business Opportunities (FedBizOpps) on 5 February 2019, closing 25 February 2019

In addition, Government representatives have attended various product demonstrations for weapon systems and calibers which exhibit enhanced lethality over existing solutions (i.e. the M2 .50 caliber machine gun). The 30mmx113mm ACGS weapon system is the only system that fits the immediate need and timeframe of Based on the to the sources sought notice, and the

Alliant Techsystems LLC/Northrop Grumman is the only source that can meet the performance and delivery requirements of the . All of the prescribed 30mmx113mm ammunition is type classified and available within the US military inventory.

In summary, based on the above information, and the fact that Alliant Techsystems LLC/Northrop Grumman owns the TDP for the 30mmx113mm ACGS it is determined that they are the only source that can fulfill the Government’s current requirements at this time.

9. Interested Sources: To date no other sources have written to express interest in the acquisition.

10. Other Factors:

a. Procurement History

(1) Contract Number: DOTC 15-01-INIT046 awarded on 11 August 2016 amongst other consortium members under contract W15QKN-14-9-1001.

(2) Full and Open Competition

(3) N/A

(4) N/A

(5) No prior contracts issued for the stated initiative.

(6) No unusual patterns have been identified.

(7) Significant Changes: There are no significant changes.

(1) Contract Number: DOTC 18-01-INIT0159 awarded on 13 November 2018 amongst other consortium members under contract W15QKN-14-9-1001.

(2) Full and Open Competition

(3) N/A

(4) N/A

(5) No prior contracts issued for the stated initiative.

(6) No unusual patterns have been identified.

(7) Significant Changes: There are no significant changes.

b. Other Facts: Based on the above stated facts the contract will be a follow-on FAR based production contract. A follow-on production contract is not feasible under the DOTC program as stated under 10 U.S.C. §2371b(f).

11. Technical Certification: I certify that the supporting data under my cognizance, with are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name:

Signature: //signed//

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The determination will be made using a price analysis. Certified cost or pricing data will be requested. The resulting proposal will be subject to technical evaluation, cost/price analysis and independent government estimates will be used to determine the anticipated costs are fair and reasonable.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I hereby approve the procurement of the 30mmx113mm Auto Cannon Gun System (ACGS) on an other than full and open competition basis pursuant to the authority of Title 10 United States Code (U.S.C).

Section 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The total value of this action is . The approval is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: 2019 Advocate for Competition Army Contracting Command-New Jersey