Justification Approval - M4 M4A1 Carbines FMS Follow-On_Redacted.pdf
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- M4/M4A1 Carbine FMS
- Solicitation number
- W15QKN26DA008
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Justification and Approval for M4/M4A1 Carbine Sole Source Procurement
This document is a Justification and Approval (J&A) for Other Than Full and Open Competition under FAR Part 6, authorizing a sole source acquisition with Colt's Manufacturing Company LLC for M4 and M4A1 Carbine production in support of Foreign Military Sales (FMS) requirements. The U.S. Army Contracting Command - New Jersey (ACC-NJ) seeks approval to award a new five-year, Indefinite Delivery-Indefinite Quantity (IDIQ) contract with Firm Fixed Price (FFP) delivery orders. The contractor is Colt's Manufacturing Company LLC, located at 545 New Park Ave, West Hartford, CT 06110-1336. The estimated contract value is redacted, with an anticipated award date in the fourth quarter of Fiscal Year 2025. The acquisition covers M4 Carbine (Part Number 9390000, NSN 1005-01-231-0973) and M4A1 Carbine (Part Number 12972700, NSN 1005-01-382-0953). FMS funding will be utilized for all delivery orders under this contract.
The justification for sole source authority relies on Title 10 U.S.C. Section 3204(a)(1), citing that only Colt can satisfy FMS requirements due to proprietary technical data package (TDP) ownership and license agreement restrictions. The M4/M4A1 TDP is exclusively owned by Colt, with the U.S. Government holding a limited Government Purpose Rights license for FMS use. The license stipulates Colt retains right of first refusal for all FMS awards, precluding competition for FMS production. Estimated FMS requirements span Fiscal Years 2025-2029 and include First Article Testing, weapons production (both M4 and M4A1 variants), and multiple spare part contract line items. The document indicates a Sources Sought Notice (W15QKN-24-R-M4A1) was posted to SAM.gov on March 1, 2024, with closure on April 1, 2024, generating six submittals from industry. Assessment determined only Colt is "Highly Capable" of producing the M4/M4A1 to the proprietary TDP specifications. For non-FMS requirements, the Government previously awarded a competitive FFP IDIQ contract to FN America, LLC (W15QKN-20-D-0006) on February 13, 2020, and anticipates a follow-on non-FMS competitive action in Fiscal Year 2025. The acquisition was approved by the Senior Contracting Official on January 7, 2025.
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CUI
CUI
competition for this action is not currently feasible. To increase future competition, the USG continuously conducts market research for each pending delivery order, when applicable, to determine how the industry has changed. Market research includes various exchanges with industry to discuss available capabilities. The results of ongoing market research will be used to determine the best approach for any follow-on contract actions.
Previous J&A, CAO-24-0096, was signed 27 February 2024, which included approval for a ceiling increase of the previous FMS contract, W15QKN-19-D- 0116. This approach was justified based upon the aforementioned license agreement, which has not changed.
For non-FMS requirements, the USG has pursued competition to the maximum extent practicable while adhering to the restrictions of the license agreement. A separate FFP IDIQ contract, W15QKN-20-D-0006, was competitively awarded to FN America, LLC on 13 February 2020, using the Government’s limited rights to the M4/M4A1 TDP, subject to the restriction for the use of the licensed technology within the U.S. and its territories, island possessions and protectorates. In accordance with FAR 9.104-2(a), a special standard of responsibility clause was included in the contract to ensure compliance with the restrictions. The Government anticipates awarding a follow-on contract to the above non-FMS competitive action in FY25 for same requirements.
8. Market Research: In accordance with DFARS 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information 206.302-1(d), Sources Sought Notice, W15QKN-24-R-M4A1 was posted to SAM.gov on 1 March 2024, with a closing date of 1 April 2024.
The Sources Sought Notice was issued to gauge competition for a follow-on production contract for the M4/M4A1 Carbine. Responses were assessed based on the following Capability criteria:
Highly Capable – The company’s responses were thorough and factually supported, included past performance, and confirmed the company is highly capable and responsible. This is corroborated by the company’s proclaimed manufacturing capabilities and experience and proven by the fact that said company is a current Government contract holder for the production of M4/M4A1 weapons and/or other small arm weapons produced in accordance with a USG TDP.
Likely Capable – The company’s responses were thorough and factually supported, reasonably suggesting that it maintains a high degree of capability and experience needed to meet requirements. The company may hold a current or had a previous Government contract for the production of weapon spare parts and/or ancillary small arm weapon hardware, which could include production of non-M4/M4A1 weapons if those non-M4/M4A1 weapons were built to USG TDP & USG Quality Assurance provisions, which is a good indicator of manufacturing capability.
Somewhat Capable – The company’s responses provided general statements and did not address or meet all requirements, which indicates that the company may meet the
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