JA W56HZV-19-R-0127_Redacted.pdf

OPSEC

OPSEC: Equipment Capabilities, Limitations and Vulnerabilities

OPSEC Equipment Capabilities

OPSEC: Equipment Capabilities, Limitations, and Vulnerabilities

T-9 Medium Dozer Type I

25 15 11 51

T-9 Medium Dozer Type II

2 0 0 2

Crew Protection Kit

(CPK)

11 11 11 33

Special Tools and Test Equipment (STTE)

8 0 0 8

Logistical Data Product Updates for EoH Technical Insert (includes testing)

1 Lot 0 0 1 Lot

FSR Services 1 Lot 0 0 1 Lot

Total

4. Authority Cited: The statutory authority permitting other than full and open competition is 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.” Specifically, FAR 6.302-1(a)(2)(ii)(A) and (iii)(A), states, “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 component thereof, when it is likely that award to any other source would result in – (A) substantial duplication of cost to the Government that is not expected to be recovered through competition” and “For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result - (A) substantial duplication of cost to the Government that is not expected to be recovered through competition”.

5. Reason for Authority Cited:

i. Background: Caterpillar, Inc. is the Original Equipment Manufacturer (OEM) of the current Army T-9 Medium Dozer and owns both the Technical Data Package (TDP) and computer software package. The Government does not own rights to the T-9 Medium Dozer TDP. On 05 April 2019, the Government asked Caterpillar, Inc. about purchasing the TDP, and in an email response on 05 April 2019, Caterpillar, Inc. stated: “Caterpillar is not willing to sell the Technical Data Package for the T-9 Dozer or its components”.

ii. The Army did not achieve its Army Acquisition Objective (AAO) of 804 units for the T- 9 Type I Medium Dozer. Due to for the T-9 Medium Dozer, additional machines are required to fill previously Unfunded Requirements (UFR). The proposed follow-on contract award will provide an estimated total 51 additional T-9 Medium Type I Dozers that will T-9 Type I Medium Dozers to 43 T-9 Type I Medium Dozers.

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Mission readiness

OPSEC: Mission readiness

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OPSEC budget data

OPSEC: Mission readiness

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OPSEC: budget data the Sources Sought Notice ACC-WRN also notified potential medium Dozer manufacturers, John Deere, Case, Liebherr and Dresser, informing them about the notice. The notice closed on 22 August with only one response from Case Construction, who indicated the firm is unwilling to participate.

Based on the market research, the previous procurement and program knowledge, the Government is aware there are other vendors capable of manufacturing medium size Dozers with the potential of meeting the requirement. However, based on the circumstances described in section five, a competitive effort would result in substantial duplication of cost.

9. Interested Sources: To date, no other sources other than Caterpillar, Inc., as described in paragraph 8 above, have written to express an interest in this effort.

10. Other Facts:

i. Procurement History:

a. The previous Contract W56HZV-08-D-0169 was awarded on 06 June 2008 to Caterpillar, Inc. This effort was for five one-year ordering periods and five one-year ordering option periods. The contract expired on 08 June 2018. The Army procured 1,244 each to include test assets, T-9 Type I and Type II Medium Dozers and 74 each, T-9 Dozer armor CPK under that contract.

b. Contract W56HZV-08-D-0169 was awarded through full and open competition.

c. Full and open competition was used for the previous procurement.

d. A J&A was not required for the prior procurement.

e. The previous contract was awarded based on full and open competition.

However, based on the circumstances described in paragraph 5 above, the proposed action is to be established based on FAR 6.302-1(a)(2).

f. There are no unusual patterns revealed by the procurement history.

g. A justification was not required for the prior procurement. Circumstances justifying the procurement and whether there has been any significant changes does not apply.

ii. Other Facts: N/A

11/12. Technical Certification/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.

Signature: //-signed-// DATE: 16SEP2019

SHANE M. SULLIVAN

Project Manager, Force Projection

13. Fair and Reasonable Cost/Price Determination: The negotiated price will be determined fair and reasonable through a price analysis to ensure that the price agreement is consistent with the IGE. ACC-WRN has a dedicated Pricing Division with trained Price Analysts who will assist the Contracting Officer by performing the Price analysis. PdM CE/MHE will also support this analysis with a technical review. The Contracting Officer will request that engineers or similar personnel familiar with the hardware and services ensure that what is proposed is fair and reasonable. The ACC- WRN Price Analyst will use the recommendations contained in the PdM CE/MHE engineering technical report to develop a recommended negotiating position. Certified Cost or Pricing Data will not be required however, data other than Certified Cost or Pricing Data will be requested from the contractor to the extent necessary to determine a fair and reasonable price. ACC-WRN will document the results of negotiations, and the detailed Price Fair and Reasonable determination from the Contracting Officer, in a Price Negotiation Memorandum (PNM) that ACC-WRN senior Contracting personnel within the Pricing Division will review and concur upon.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on cost analysis and negotiations.

Signature: //SCS// DATE: 17 SEP 19

SHANE C STREHLER

Contracting Officer, Army Contracting Command - Warren

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

Signature: //SCS// DATE: 17 SEP 19

SHANE C. STREHLER

Contracting Officer, Army Contracting Command - Warren