M4 and M4A1 Carbines JA (REDACTED FINAL).pdf

CUI

Justification Review Document for Other Than Full and Open Competition - FAR Part 6

Program/Equipment: M4/M4A 1 Carbines

Authority: Title 1 O United States Code Section 3204(a)(1 ), as implemented by Federal Acquisition Regulation 6.302-1 (a)(2)(ii)(B), Only One Responsible Source and No Other

Supplies or Services Will Satisfy Agency Requirements.

Amount:

planning and development of a new requirements package, and to competitively solicit and award a new production contract (based on Procurement Administrative Lead Time estimates). This is in addition to approximately lead time for Low Rate Initial Production, prior to ramping up to Full Rate Production at a rate sufficient to meet delivery schedule requirements. In summary, procurement of a new weapon system would result in a total unacceptable delay of approximately . This delay is unacceptable due to the multiple current and pending FMS case requirements referenced above, which must be awarded in order to meet FMS partner needs.

Notwithstanding the above, FMS requirements are specifically for the existing M4/M4A1 Carbines. A new weapon system will not meet the FMS requirements and FMS funding does not support the timeline for a new M4/M4A1 program. This acquisition is essential to the Government’s requirements for Colt M4/M4A1s, thereby precluding consideration of a product manufactured by any other company.

6. Efforts to Obtain Competition:

a. Effective Competition: Because this is a sole source action, effective competition is not applicable. In accordance with FAR 5.202(a)(3), this action will not be synopsized.

b. Subcontracting Competition: Subcontracting opportunities exist primarily for material, components, and service suppliers. Subcontract competition will be maximized to the fullest extent possible as required by FAR 52.244-5, “Competition in Subcontracting,” FAR 52.219-9, “Small Business Subcontracting Plan,” and DFARS 252.219-7003 “Small Business Subcontracting Plan (DoD Contracts) – Basic,” which are included in the base contract. The contractor’s Small Business Subcontracting Plan for component purchases will be reviewed to ensure adequate competition and use of small business concerns.

7. Actions to Increase Competition: Due to the license agreement between Colt and the Government for the M4/M4A1, , therefore, competition for this action is not feasible at this time. In order to increase future competition, the Government 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.

A previous J&A, Control Number CAO-19-0182 was signed on 26 March 2019, which included approval for the current 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 Government has pursued competition to the maximum extent practicable while adhering to the restrictions of the license agreement. A