JA - WIN-T NG A-KITS_Redacted.pdf

CMO Control No: 2024-054

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 United States Code (U.S.C.) Section 3204(a)(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,” which 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 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.”

5. Reason for Authority Cited: The Government requires first delivery of the WIN-T NG POP and SNE A-kits with the MEP kits by March 2025 to meet the MEP kits fielding dates. Initially, the Government started receiving drawings from GDLS in August 2020 to compete the WIN-T NG POP and SNE A-kits. The complete WIN-T POP and SNE A-kit Technical Data Package (TDP) was not received by the Government until July 2023.

Throughout August 2020 – June 2023, this requirement could not be competed without a complete TDP. The TDP provides comprehensive instructions, specifications, and requirements necessary for proper fabrication, assembly, and quality assurance of the WIN-T NG POP and SNE A-kits. Consequently, soliciting an incomplete TDP that has not been verified poses higher likelihood of manufacturing errors, inconsistencies, compromised performance, and subjects Soldiers to potential safety risks if manufactured.

After delivery of each drawing, the package undergoes thorough review and approval processes to ensure accuracy, completeness, and compliance with standards and requirements. The Government consistently worked with GDLS to ensure prompt delivery of drawings to complete the TDP but had to ensure each drawing and its predecessor had the appropriate data rights distribution to compete. Currently, the Government is in possession of the WIN-T NG POP and SNE A-Kit’s complete TDP and is postured to compete for future requirements; however, competing the WIN-T NG POP and SNE A-kits for the current need would cause an unacceptable delay resulting in reduced warfighter readiness.

Unacceptable Delay: The total estimated time it would take to deliver this effort from another contractor on a competitive basis is 16 months as demonstrated in Table 2

After contract award, all vendors, other than GDLS, would need to pass a First Article Test (FAT) and a fit test to ensure the product meets all specified technical requirements and performs as intended. The FAT is a test on multiple subparts as indicated by the drawings to show a manufacturer’s capability and is completed at the vendor’s facility and witnessed by a qualified Government Quality Assurance Representative (QAR). The deliverable of the FAT is a First Article Test Report (FATR), which documents the test results. The WIN-T NG POP A-kit has around 30 drawings that each require a FAT while the WIN-T NG SNE A-kit has 26 drawings that require a FAT. The fit test is a separate requirement imposed, in addition to FAT, which requires the contractor to send one (1) sample of both parts, listed in

Table 1, to the Government to conduct the fit test on a vehicle. The additional requirement is to ensure accuracy in the measurements of the recently delivered TDP due to recent issues of parts not fitting correctly.

It takes a minimum of nine (9) months for the contractor to acquire its initial material to develop a FAT and create a sample of both parts, based on the lead times from the previous delivery order, W56HZV-19-F-0316. Once the material is received the item is built, this item is not the complete kit, it is only a portion of the kit, the entire kit cannot be built at once due to the number of parts and the testing needed on those parts. The contractor will conduct a FAT which includes inspection and test results keyed to each drawing/specification characteristic. Based on a quality expert’s estimate, this process would take one (1) month and the Government would take two (2) months to evaluate and approve the FATR from the contractor. If the FAT is disapproved, the contractor will repeat any or all first article test to be able to move on to the fit test. This could possibly delay the procurement longer, so the nine

(9) months listed is conservative.

Once FAT is approved, the contractor will take one (1) month to build the complete samples to send to the Government. Then, a fit test of the samples indicated in table 1 will be performed by the Government at the Government’s location. Based on a quality expert’s estimate, the Government would take three (3) months to evaluate and approve the fit test samples. The Government is inheriting a risk at this stage, if the fit test fails, that will indicate issues either with the contractor’s manufacturing process or the TDP and this could lead to further delays not being taken into consideration below.

Table 2: WIN-T NG A-KITS Unacceptable Delay

Effort Task Description Time (months)

Production Lead Time – for Material and Build

Gather all bill of material for the parts needing testing for the report, longest lead items typically being wire harness material gathering and build the items.

FAT

Ensure the product meets all specified technical requirements and performs as intended.

FAT Approval

The Government’s effort to evaluate, read, and approve the contractor reports on independently tested material

Building the Fit Test Samples

Contractor effort to build sample A-kits described in Table 1 to send to

Government

Fit Test Approval

The Government’s effort to coordinate vehicles and employee support to conduct Fit Test on samples and document issues

Total 16

Based on the information above, a competitive action would take until September 2025 to be able to place a production order. The competitive timeframe delays the

MEP Kit fielding date of March 2025. Missed fielding events impact operational readiness, as units would not have the requisite communication capabilities. The components are required to complete current, on-going training objectives and are required for Stryker vehicles deployed in a theater of operations. If the current fielding dates are not met, soldiers would not be able to perform minimum mission requirements, including extended radio range and reconnaissance and surveillance.

Loss of these capabilities subjects Soldiers to a greater risk of injury or death.

6. Efforts to Obtain Competition:

A. Effective Competition: The Government intends to solicit only GDLS for this acquisition based on the rationale provided in paragraph 5. This acquisition will be synopsized at the SAM website as required by FAR 5.201, which allows interested firms the opportunity to identify their interest and capability to respond to the requirement or submit proposals. Any information received from responsible sources will be considered.

B. Subcontracting Competition: To ensure the contractor competitively awards subcontracts to the maximum extent possible, the contract contains FAR Clauses 52.244-5 “Competition in Subcontracting,” 52.244-2 “Subcontracts,” and 52.219-8 “Utilization of Small Business Concerns.” This modification increases the total contract value but does not change GDLS’s requirement to submit subcontracting reports in accordance with the base contract and FAR Clause 52.219-9 “Small Business Subcontracting Plan.”

7. Actions to Increase Competition: Currently, there are no future requirements after this procurement, but the Government is in possession of a competitive TDP. In the event future requirements are determined, the Government is set to compete the items indicated in Table 1.

8. Market Research: FAR Subpart 10.002(b)(2)(iv) recommends querying the Government-wide database of contracts, which may be used by other agencies. Project Management Office Stryker Brigade Combat Team (PM SBCT) and ACC-DTA performed searches on 07 February 2024 on www.SAM.Gov, Fedlog, Haystack, and databases using National Stock Numbers (NSNs) and Part Numbers to see if there are any existing contracts or sources of supply which meet our requirements. No contracts or other sources of supply were found under any of the search criteria that included spare/repair parts or components other than the contract mentioned in paragraph 10a.

PM-SBCT and ACC-DTA issued a Sources Sought Notice on 12 February 2024 through SAM.gov, to solicit interest and assess the capabilities of qualified contractors. All responsible sources were encouraged to submit a capability statement for the Government to consider by 27 February 2024. The Government received two (2) responses to the notice, and they are summarized below:

a. DCS Corps is a large business located at 6525 Center Drive, Sterling Heights, MI 48312. DCS Corps has manufactured the WIN-T NG POP and SNE A-kits covering cable, electronic, and mechanical assemblies since 2013 for the Mine Resistant Ambush Protected (MRAP) All-Terrain Vehicle (MATV) and Maximum Protection (MaxxPro) Dash platforms. On 26 February 2024, PM SBCT conducted a technical analysis to determine if DCS Corps could meet the Government’s requirement. The Government found that DCS Corps can build the WIN-T NG POP and SNE A-kits although DCS Corps would still need to go through the FAT process and wouldn’t meet the delivery for the fielding date.

b. Phoenix Logistics LLC is a small business located at 1405 North Fiesta

Boulevard, Suite 130, Gilbert, AZ 85233. This vendor has a history of building electronics and wire harness assemblies and other precision machine-based components for air vehicle platforms in the United States Department of Defense.

On 27 February 2024, PM SBCT conducted a technical analysis to determine if Phoenix Logistics LLC could meet the Government’s requirement. After the firm’s response, the Government determined that Phoenix Logistics LLC can manufacture the WIN-T NG POP and SNE A-kits. However, Phoenix Logistics LLC would still need to go through the FAT process and wouldn’t meet the delivery for the fielding date.

9. Interested Sources: To date, besides the contractors outlined above, no other sources have written to express an interest or are believed to be capable of supplying the kits to suitable fit, form, and function.

10. Other Facts:

a. Procurement History:

(1) Contract Number: W56HZV-19-G-0001, Delivery Order: W56HZV19F0316, Award Date: 27 Sep 2019, Contractor: GDLS

(2) Competitive Status: Sole Source

(3) Authority Previously Cited: FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

(4) Justification Summary: There are no future requirements after this procurement to justify incurring the expense of reverse engineering and developing a competitive TDP. The TDP and all drawings are proprietary information owned by the sole source Original Equipment Manufacturer (OEM) GDLS.

(5) There are no prior contracts for this requirement that were accomplished using full and open competition.

(6) There are no unusual patterns that are revealed by history of this item.

(7) Justification Circumstances: The Government did not have pertinent access to the TDP for the WIN-T NG POP and SNE A-Kits because they were proprietary to the OEM, GDLS. This circumstance has changed since the award of the subject contract.

b. Other Facts: None

11. Technical 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.

Typed Name: Pat Foley Date: 20 March 2024 Title: Branch Chief, Engineering Development Signature: //Patrick Foley//

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.

Typed Name: Michael R. Fraley Date: 25 March 2024 Title: Branch Chief, ILS Planning and Development Signature: /////Signed///// MRF

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. A price and cost analysis will be performed to determine fair and reasonableness. The contractor will be required to submit certified cost and pricing data in accordance with FAR 15.403- 4(a)(1).

Typed Name: Marta Furman Date: 22 March 2024 Title: Contracting Officer Signature: //s// Marta Furman

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

Typed Name: Marta Furman Date: 22 March 2024 Title: Contracting Officer Signature: /s// Marta Furman