W52H0911D0001.pdf

CONTROL No. ACA0900141

Program/Item: M16A4 Rifles

Est. Dollar Value: $49M

CMO Control # 10-014

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U. S. Army TACOM Contracting Center, Rock Island (TCC-RI), Rock

Island, IL 61299-7630.

2. Description of Action: This action will be restricted to the United States and its territories in accordance with the Colt Defense, LLC, and License Agreement with the U.S. Government and will result in a five-year Indefinite Delivery Indefinite Quantity (IDIQ), firm fixed price best value contract. The minimum guaranteed quantity that will be awarded is 1,068 M16A4s and 132

M16A3s, with the maximum quantity of any combination of the two weapons being 76,600.

Award is projected for 2nd Quarter FY 2010. FY10-FY15 Other and FMS Cited funds will be used. An Acquisition Plan is not required because it does not meet the dollar threshold for an acquisition plan.

3. Description of Supplies/Services: This action supports procurement of the M16 series rifle.

These weapons will be procured in a number of configurations for US Services and Foreign

Military Sales (FMS) customers. Total procurement expenditures associated with this document will not exceed $49,000,000.

4. Authority Cited: 10 USC 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements as authorized by FAR 6.302-1. This Authority also includes limited sources as specified in the FAR 6.302-1 (a)(1) and (2).

5. Reason for Authority Cited:

a. As authorized by FAR 6.302-1 (a)(1) and (2), procurement by other than full and open competition is necessary because the Technical Data Sales and Patent License Agreement between Colt Defense LLC and the U.S. Government requires limiting competition to the U.S.

and its territories.

b. This license agreement was entered into on 25 Jul 1967 and was approved by the

Assistant Judge Advocate General for Civil Law, Department of the Army. It grants the U.S.

Government a nontransferable right to use Colt’s technical data in the manufacture of weapons and repair parts. According to the license agreement, these weapons and repair parts can only be manufactured in the U.S. and its territories.

CONTROL No. ACA090115

Est. Dollar Value: $49M

c. As part of this procurement action, the U.S. Government intends to use its competitive technical data package (TDP) for the M16 Rifles series. The U.S. Government plans to follow this acquisition strategy due to the Army requirement of interchangeability and standardization, which can be met in a timely and cost effective manner only with the use of Colt proprietary technical data.

6. Efforts to Obtain Competition: This procurement action will be synopsized in the

FedBizOpps to alert interested contractors and subcontractors to the Government’s intent. A competitive Government technical data package is available for this weapon and will be used subject to Colt Defense LLC’s Technical Data Sales and Patent License Agreement.

7. Actions to Increase Competition: In accordance with the Colt licensing agreement, this action is being competed within the U.S. and its territories.

8. Market Research: ARDEC Engineer at Rock Island Arsenal performed initial market research for this new competitive long term solicitation utilizing internet searches, catalogs and other generally available product literature published by the manufacturers, distributors, dealers and personal item knowledge. The M16A4 Rifle is a unique US Military Item, and serves as a mounting platform for additional weapons including the M9 Bayonet, the M203 and M320

Grenade Launchers, and Grenade-Rifle-Launched Munitions. Additional accessories include the

Close Combat Optic and Rifle Combat Optic as well as other laser, thermal and optical sights.

The M16A4 Rifle and all of its components are produced for the US Military per a fully-defined contractual Technical Data Package (TDP), which ensures that minimum/expected requirements with regard to operational use, user safety, environmental impact, quality assurance; spare parts compatibility, host weapon compatibility, life cycle costs, etc. are met. Commercial equivalents may be available from several sources. However, because commercial equivalents are not produced per the government’s fully-defined contractual TDP, there is no certainty that the aforementioned minimum/expected requirements are met.

Therefore, commercial equivalents will not satisfy the US Military’s need for the M16A4 Rifle or its components. A competitive TDP is available for the M16A4 Rifle. Procurement using the competitive TDP will ensure that form, fit (interchangeability), function, life and quality required for military applications are maintained.

9. Interested Sources: All notices required by FAR 5.201 were published on 11 August 2009 and any proposals received shall be considered.

CONTROL No. ACA090115

10. Other Factors:

Procurement History:

Contract: W52H09-08-D-0121

Contractor: FNMI LLC.

Award Date: 21 Dec 2007

Competitive Status: Competitive

Offers Received: Nine

Contract: W52H09-08-D-0122

Contractor: Colt Defense LLC.

Award Date: 21 Dec 2007

Contract: W52H09-08-D-0293

Contractor: Sabre Defence

Award Date: 19 Jun 2008

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:______22 Sep 2009_________________

Title: Act Ch Small Cal Sys Br__________ 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:_____21 Sep 2009_________________

Title: _Chief, Team Support Group__________ Signature:_______//s//___________________

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for

CONTROL No. ACA080034

CMO Control # 10-014 this contract action will be fair and reasonable based on a competition and cost/price analysis.

Certified Cost and Pricing data will not be obtained in accordance with FAR 15.403-1(b)(1).

Name: Teresa L. Stottlemyre______ Date: _5 Oct 2009_______________________

Title: Contracting Officer_________ Signature: __//signed// Teresa L. Stottlemyre__

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

Name: Teresa L. Stottlemyre______ Date: _5 Oct 2009_______________________

Title: Contracting Officer_________ Signature: __//signed// Teresa L. Stottlemyre__

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of 1,068 each M16A4

Rifles, NSN: 1005-01-383-2872, Part Number: 12973001 and the 132 M16A3 Rifles, NSN:

1005-01-357-5112, Part Number: 12012000 for use on the M16 Rifle Series, with the maximum quantity of any combination of the two weapons being 76,600 at a total estimated value of

$49,000,000. Pursuant to the authority of 10 USC 2304(c)(1), subject to the availability of funds, and provided that the services and property described herein have otherwise been authorized for acquisition.

DATE: _20 Oct 09_________ SIGNATURE:

HARRY P. HALLOCK

Principal Assistant Responsible for Contracting