JA_SPRDL1-18-R-0445_Redacted.pdf

Previous J&A SPRDL1-09-R-0133 is available.

J&A SPRDL1-18-R-0445

the Government’s authorization of the Transfer Transmission for use on the HET.

The Government does not own technical data rights to this item. No technical data exists that would define production specifications for the Transfer Transmission and since the item was developed and tested at private expense of Oshkosh Defense, LLC such data are considered proprietary to the supplier.

The non-availability of technical data requires that this item be procured on a non-competitive basis from the Oshkosh Defense, LLC for the replenishment of spare parts.

The acquisition data and technical data for 2520-01-338-2570 is owned and controlled by the Oshkosh Defense, LLC.

The Government does not own the patent rights or any other proprietary rights to the technical data that would be required to produce a competitive TDP. Oshkosh Defense, LLC designed and manufactures this system. Oshkosh Defense, LLC passed the requirements of the Government qualification tests, to include performance, reliability and durability tests. Oshkosh Defense, LLC is owner of the TDP for the Transfer Transmission.

Oshkosh Defense, LLC has the unique and proven qualities and capabilities, facilities, resources, and manufacturing and development experience, to produce and procure the item identified.

The Government did not buy the proprietary rights to produce a competitive TDP. No vendors other than Oshkosh Defense, LLC can meet the required performance standards. The supplier has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item. The authorized source tested the items in the vehicle to the vehicle specifications.

Oshkosh Defense, LLC is the only known sources for the Transfer Transmission Assembly, NSN: 2520-01-338-2570 used on HET trucks to have the proper form, fit, and function for this application.

The Oshkosh Defense, LLC has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item. Without performing qualification testing, the government risks premature failure of this item, which could result in serious consequences.

6. Efforts to Obtain Competition: There are no known funding efforts in progress at this time to qualify other suppliers of this item nor will there be prior to the contract award due to funding constraints – no funds are available to qualify additional sources given the cost and time involved. At this time, there has not been any expressed interest by any known vendor to become qualified source to produce this item. Interested contractors can seek qualification through the Source Approval Program with the Competition Management Office. To date, there has not been any expressed interest by any other known vendors to become qualified to produce this item.

7. Actions to Increase Competition: There are no known funding efforts in progress at this time to acquire the commercially controlled data needed to make NSN:

2520-01-338-2570 fully competitive for the following reasons:

Using estimates, the time to procure the proprietary data from the authorized source, develop and test a prototype to make sure the TDP is complete and accurate, and then compete on a full and open basis, is 12 months. The estimated cost of such effort would be at least $1,000,000. This estimation was based on similar projects. Reverse engineering such part would cost $1,200,000 and be at least 16 months. Funds are not available to develop model technical data due to low demand and high cost.

Using these cost and delay model estimates, the Government likely could not recover in following competition, the costs for the procurement to become competitive and the 16 month delay is unacceptable to meet Government requirements.

The fundamental amount of material engineering, time and fabrication, are required to develop, test, certify, and release a reverse engineered competitive design.

Qualification Testing to include material test, form, fit, function test, performance test and durability test would require 6 months and $100,000. This expense could not be recouped through following competition. Funds are not available for qualification testing of a new source. To neglect qualification testing would cause a serious risk as premature failures of the frame, structural, vehicular could harm the mission. The delay associated with these efforts is unacceptable in fulfilling TACOM requirements and would have a significant impact on TACOM’s ability to support the soldier in the field.

8. Market Research: Given that no technical data is available for the Transfer Transmission Assembly (NSN: 2520-01-338-2570) market research results are very limited. This is mainly based on the fact that some type of information is required prior to conducting market research. The TARDEC Engineer conducted online market research in May 2018, however the information found was too generic due to the rationale provided above. The results of this generic search were that no other sources exist or are anticipated to become available to satisfy the Government's requirement. As of 16 May 2018, the results of this search did not produce any new leads with a company that provides a direct replacement for the Transfer Transmission Assembly.

9. Interested Sources: A Sources Sought Synopsis was posted to FedBizOpps on 06/06/2018.

Components: Transfer Transmission Assembly

NSN: 2520-01-338-2570

Part Numbers: 2HP722 End Item: HET

2018-592.pdf

10. Other Facts:

a. Procurement History:

1. Contract: SPRDL1-10-D-0020 / Delivery Order 0001 Award Date: 03/16/2010 Contractor: Oshkosh Corporation Quantity: 66 each Value: $700,234.92 Competitive Status: Limited Source Authority: FAR 6.302-1, Only One Responsible Source

2. Contract: SPRDL109C0022/0001AC & 0002AC

Award Date: 2009 November 24 Quantity: 50 each Contractor: Oshkosh Corporation Value: $560,526.00

3. Contract: SPRDL109C0022/0001AA, 0001AB, 0002AA & 0002AB

Award Date: 2009 April 1 Quantity: 150 each Contractor: Oshkosh Corporation Value: $1,681,578.00

b. Acquisition Data Available: The Government does not own or have rights to the technical data for the Transfer Transmission for HET trucks.

c. Unusual and Compelling Urgency: N/A

d. Subcontracting Competition: N/A

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.

[ X ] $150K to $650K Team Leader [ ] $650K to $12.5M AD/Deputy AD

Name: Leah Bourdeau Title: Contracting Officer Date: 21 Jun 2018 Signature: ///s// LCB

15. Legal Concurrence:

Concur:

Date: June 25, 2018