w52h0910c0021.pdf

CONTROL No. ACB100013

Program/Item: Heavy Equipment Transporter/

Front Spring and Wheel Upgrade Kit

Est. Dollar Value: $350,000

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

CONCURRENCE SHEET

Program/Equipment: Heavy Equipment Transporter / Front Spring and Wheel Upgrade Kit

Authority: 10 USC 2304(c)(2) Amount: $350,000

Prepared by: Typed Name: Belinda Reaves DSN: 793-3496

Title: Contract Specialist Date: 16 Nov 2009

PCO: Typed Name: Ryan McMillan DSN: 793-8627

Title: Contracting Officer Date: 3 Dec 2009

Technical: Typed Name: Thomas Eick DSN: 786-4252

Title: APM, Development, PM HTV Date: 24 Nov 2009

Requirements: Typed Name: Thomas Eick DSN: 786-4252

Title: APM, Development, PM HTV Date: 24 Nov 2009

COORDINATION:

AMSTA-LR //s// Russell W. Bottom 1 December 2009

(concur) (signature) (date)

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U.S. Army TACOM Contracting Center, Rock Island, IL 61299-7630.

2. Description of Action: This action will result in a firm fixed price contract with Oshkosh’s

Corporation Defense Division, located in Oshkosh, WI. Award is projected for the 1 st qtr FY

2010, and 2008 Army Procurement Appropriations Funds will be used. An acquisition plan, in accordance with DFARS 207.103, is not required because this action does not meet the dollar threshold for an acquisition plan.

3. Description of Supplies/Services: The requirement is for 50 M1070 Heavy Equipment

Transporter (HET) Front Spring and Wheel Upgrade Kits, Oshkosh Part Number 3867742. This is to support initial fielding of the HET Explosively Formed Penetrator Armor Project (HEAP)

Kits. The proposed contract will not include an option provison. The Front Spring and Wheel

Upgrade Kit is comprised of higher-rated leaf springs, additional hardware to address Central

Tire Inflation (CTI) requirements, and higher capacity wheels and tires. The Front Spring and

Wheel Upgrade Kit, designed by Oshkosh, improves the support for the weight of the HEAP Kit.

The HET Front Spring and Wheel Upgrade Kit is a supplement to the HEAP Kit. The estimated price per Front Spring and Wheel Upgrade Kit is $7,000. The estimated total value for 50 Kits is

$350,000.

4. Authority Cited: 10 USC 2304(c)(2), Unusual and Compelling Urgency, as authorized by

FAR 6.302-2.

5. Reason for Authority Cited:

a. As authorized by FAR 6.302-2, procurement by other than full and open competition is necessary because Oshkosh is the only original equipment manufacturer (OEM) source supplier with the design knowledge of the HET Front Spring and Wheel Upgrade Kit, and the only contractor who can meet the Government’s aggressive schedule for these Kits. The Front Spring and Wheel Upgrade Kit is an integral part of the HEAP Kit. Oshkosh has capabilities in place to support the equipment, material, and skilled labor to produce the required quantity of upgrade

Kits in a minimum amount of time.

b. Oshkosh has the capability to begin shipping the Front Spring and Wheel Upgrade Kits in about three to four weeks after contract award. PM HTV requires HEAP Kit fielding starting as soon as late December 2009, with the final quantity to be delivered and installed in theater no later than April 2010.

c. The estimated cost to research and develop a technical data package of the Front

Spring and Wheel Upgrade Kit is estimated to cost at least $750,000 and take four months to develop a competitive technical data package (TDP). Additionally, there are no known requirements for the Front Spring and Wheel Upgrade Kit beyond this procurement’s quantity of

50 Kits. Although a HEAP Kit prototype currently exists, the Front Spring and Wheel Upgrade

Kit is the last item that requires testing before officially qualifying the HEAP Kit for production.

d. A need to correct the unforeseen weight issue for the front suspension was first known to exist around the first week of September 2009 when discussions were held with the

Government, PM HTV, and Oshkosh regarding the validation/verification testing results.

Oshkosh is the OEM producer of the HET, and has been involved to ensure the HEAP fits and functions properly on the HET. Oshkosh finished development of the Front Spring and Wheel

Upgrade Kit, in November.

e. Oshkosh developed the baseline technical data for the Front Spring and Wheel

Upgrade Kit and obtained Government approval for its use on the HET with HEAP Kit. The

Government did not fund Oshkosh to fully develop a detailed TDP for future competition.

Oshkosh retains and controls all technical rights to this system, including all of the components that are included in the Front Spring and Wheel Upgrade Kit.

6. Efforts to Obtain Competition: The proposed contract action will be synopsized to alert interested subcontractors.

7. Actions to Increase Competition: The process to obtain additional approved suppliers for this specific requirement is not on-going beyond this procurement due to the high development resources and the fact that there are no known requirements beyond the current quantity of 50

Front Spring and Wheel Upgrade Kits. There is insufficient time and demand to justify the expense of acquiring TDP from Oshkosh or using Government resources to develop a competitive TDP for this item.

8. Market Research: Due to the short suspense and the urgency of these Front Spring and Wheel

Upgrade Kits, there is not enough time to conduct market research, analyze results, and procure accordingly. Additionally, the Front Spring and Wheel Upgrade Kit is an enhancement of the

HEAP Kit. Even if a competitive TDP was available, another contractor will need to have their

Front Spring and Wheel Upgrade Kit qualified, and there is no time to do so with Kits required to begin shipping late December 2009.

9. Interested Sources: To date, no other sources have expressed a written interest in developing a Front Spring and Wheel Upgrade Kit. The notices required by FAR 5.201 will be published.

10. Other Factors:

Procurement History: None

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

Name: XXXX Date: 24 Nov 2009

Title: APM, Development, PM HTV Signature: //s//

12. Requirement Certification: I certify that the supporting data under my cognizance, which are included in the J&A, are accurate and complete to the best of my knowledge and belief.

Name: XXXX Date: 24 Nov 2009

Title: APM, Development, PM HTV Signature: //s//

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable based on performing a cost analysis conducted by the TACOM Contracting Center – Rock Island Pricing Team and engineering personnel using other than cost or pricing data, per FAR 15.403-3 and any other documentation requested by

Oshkosh to determine prices fair and reasonable. Certified cost or pricing data will not be required per FAR 15.403-4(a)(1) due to not meeting the dollar threshold.

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

Name: Ryan McMillan Date: 3 Dec 2009

Title: Contracting Officer Signature: //signed//