ACC1942.pdf

CMO Control #:15-027 Mine Resistant Ambush Protected (MRAP)

MaxxPro Dash Hardware Kits

W56HZV-14-R-0356

DEPARTMENT OF THE ARMY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Army Contracting Command–Warren (ACC-WRN) is the contracting activity responsible for this action.

2. Description of the Action: The proposed action will result in award of a new Firm-

Fixed-Price (FFP) contract to Navistar Defense LLC (ND), Lisle, IL 60532 for hardware kits to support upgrades of the Mine Resistant Ambush Protected (MRAP) MaxxPro Dash with Objective Gunner Protection Kit (OGPK) M1235A4 and the MaxxPro Dash with Common Remotely Operated Weapons Stations (CROWS) M1235A5. This contract will be funded with fiscal year (FY) 2013, FY2014, FY2015 and FY2016 Army Procurement Appropriations (APA) funds. The total quantity of hardware kits, including options, on this contract is 6,002. Based upon the target award date of 28 April 2015, kit deliveries will begin in July 2015. The total duration of the contract, including any exercise of options, shall not exceed 15 months. The total estimated award value, including options, is $24,731,500.

3. Description of the Supplies/Services:

a. This action is for the procurement of MRAP hardware kits to support the upgrade and reset activities at West Point, Mississippi, Red River Army Depot, Texas, and Ft.

Bliss, Texas. The upgrade requirement derived from the results of the MRAP Study III decision, dated 13 March 2013, and adopted at the direction of Ms. Heidi Shyu, the Army Acquisition Executive (AAE) & Assistant Secretary of the Army, Acquisition, Logistics and Technology ASA (ALT) on 06 December 2013 at the U.S. Army Configuration Steering Board. This action has a total estimated value of $24,731,500.

The table below summarizes the hardware kits needed to support the upgrade activities, along with the respective estimated unit prices for each:

Description Part Number

FY15

Qty

FY16

Qty

Option

Total Quantity

Unit Prices

Total Price

MaxxPro Supplemental Blast Kit

(SBK) 1

ND

4047417C91

134 86 220 $6,149.02 $1,352,784

MaxxPro Supplemental Blast (SBK) 2

ND

4047418C91

218 687 905 $5,503.31 $4,980,496

MaxxPro Supplemental Blast Kit

ND

4047419C91

219 669 888 $1,399.85 $1,243,067

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b. The above estimate is based on the Independent Government Cost Estimate (IGCE) dated 02 September 2014, prepared by the Cost Analyst, Army Project Office

(APO) MRAP.

4. Authority Cited: The statutory authority cited, permitting other than full and open competition for this action is Title 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1 “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” Specifically, these items shall be procured in accordance with FAR 6.302-1(a)(2)(ii)(A) and (B), which provides that supplies may be deemed available from only one source when it is likely that award to any other source would result in (A) substantial duplication of cost to the Government that is not expected to be recovered through competition or (B) unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited: As described below, award of this action on a sole source basis is justified, as an award to another source would result in substantial duplication of cost to the Government that would not be recovered through competition.

Additionally, unacceptable delays in fulfilling the agency’s requirements would occur.

a. Background:

(1) The Army Project Office Mine Resistant Ambush Protected (APO MRAP) is responsible for the upgrade of all MaxxPro Dash vehicles to a final configuration. The requirement was derived from the results of the MRAP Study III decision, dated 13 March 2013, and adopted at the direction of Ms. Heidi Shyu, (AAE) and ASA (ALT), on 06 December 2013 at the U.S. Army Configuration Steering Board. The final configuration will be achieved during upgrade activities at facilities in West Point, Mississippi, Red River Army Depot, Texarkana, Texas, and Ft. Bliss, El Paso, Texas.

(SBK) 3

MaxxPro Survivability Upgrade (MSU) Kits

ND

3986270C92

348 0 348 $42,771.18 $14,884,371

Jankel Seat Head Rests

ND

4028356C91

993 592 1585 $452.92 $717,878

MSU Spring Kits

ND

4019251C92

423 0 423 $2,872.31 $1,214,987

VEE Window Seal Kits

ND

3951018C2

814 819 1633 $206.93 $337,917

Total 6,002 $24,731,500

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On 25 July 2014, Delivery Order 0001 to Basic Ordering Agreement (BOA) W56HZV- 12-G-0006 was awarded to Navistar Defense to procure the minimum quantity of hardware kits required to support the FY2014 upgrade and reset activities. The contract was awarded on a sole source basis pursuant to FAR 6.302-1 “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” to procure Kits in FY2014 through July 2015. The initial buy was limited to allow for a follow-on competitive solicitation using full and open competition to procure the remainder of the kits required to support the upgrade and reset efforts.

There is currently an ongoing full and open competitive acquisition, W56HZV-14-R- 0337, to obtain hardware kits for which the Government possesses Technical Data Packages (TDPs) suitable for competition. This procurement using full and open competition will obtain all hardware that is not proprietary to the Original Equipment Manufacturer (OEM), Navistar Defense, to support the upgrade and reset efforts for FY2015 and FY2016. This Justification and Approval (J&A) acquires hardware kits that are proprietary to the OEM and which the Government cannot procure competitively.

The proprietary hardware kits are required in FY2015 and FY2016 to support upgrade activities at West Point, Mississippi, Red River Army Depot, Texarkana, Texas, and Ft.

Bliss, El Paso, Texas.

(2) The MaxxPro Dash upgrades must begin no later than July 2015 in order to meet the end of FY 2016 deadline for completion of all upgrades. This J&A is for the hardware requirement of 6,002 kits which will be installed on 1,589 vehicles. A total of 1,589 vehicles will be upgraded with the hardware kits procured under this action in FY2015 and FY2016 in order to accomplish the upgrade mission for the MaxxPro enduring fleet. The vehicle quantity of 1,589 completes the total MaxxPro enduring fleet requirement of 2,633. APO MRAP does not anticipate future upgrade requirements to materialize beyond those identified herein. Consequently, the Government will not procure more than 6,002 MaxxPro Dash hardware kits, as this action completes the total enduring fleet requirement.

(3) Navistar Defense is the OEM of the MaxxPro Family of Vehicles (FoV) and the developer of the MaxxPro Dash Technical Data Package (TDP). Navistar Defense has provided all major vehicle support and upgrades to date. In addition, Navistar Defense has developed the Engineering Change Proposals (ECPs) for the above hardware.

These ECPs were approved by the Army Configuration Steering Board to meet the approved MRAP Performance Baseline for survivability, system capabilities and the ability to meet mission requirements, and provide a safe and reliable vehicle.

(4) Navistar Defense is uniquely positioned and is the only contractor at this time able to meet the upgrade schedules beginning in July 2015. Award to any source other than Navistar Defense would create an unacceptable delay and duplication of costs as detailed below.

b. Unacceptable Delay:

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(1) For the items being procured under this action, the Government currently does not possess rights to the TDPs required for a competitive procurement. On 25 September 2014, the Government approached Navistar regarding the purchase of the TDP; the contractor refused to sell the TDP. Because Navistar owns the TDP for the hardware kits and is unwilling to sell it, the Government could only obtain the TDPs through reverse engineering. Based on professional knowledge and comparisons to similar work performed on MRAP systems and variants, APO MRAP Cost Analysts and Engineers estimate it would take approximately 36 months to reverse engineer a MaxxPro to develop a competitive TDP. After the development of the necessary technical data, award to any source other than Navistar through a competitive acquisition would result in an additional delay, estimated at approximately 6 months, for acquisition efforts. This includes acquisition lead-time of 45 days to prepare a solicitation package, 15 days to synopsize, 30 days for proposal receipt, 60 days for proposal evaluation, and 30 days to execute an award to another source. Therefore, Navistar is the only source that can meet the existing requirement without unacceptable delays. Furthermore, at this time the Government does not anticipate future upgrade requirements beyond those identified herein. As such, a non-competitive procurement with Navistar Defense is the only solution to meet the Government’s needs.

(2) The below milestone comparison chart reflects the estimated lead-time difference between the proposed sole source acquisition with Navistar Defense and a competitive procurement.

Event Sole Source Competitive

J&A Approval Dec 2014 N/A

Sole Source Procurement Package Oct 2014 N/A

Competitive Procurement Package N/A Oct 2018

RFP/Solicitation Release Nov 2014 Nov 2018

Receipt of Proposals Jan 2015 Dec 2018

Competitive Evaluation N/A Feb 2019

Negotiations March 2015 N/A

Contract Award April 2015 Mar 2019

(3) The failure to provide the hardware kits to meet the required upgrade completion by the end of FY 2016 will have an adverse impact on Soldier welfare. The purpose of the MaxxPro Dash upgrades and reset is to meet projected fielding schedules and to ensure the readiness of the MaxxPro Dash for future deployments.

Failure to meet the upgrade schedule would seriously jeopardize the current training plan for units deploying to any contingency operations. In addition, delays would limit the ability to fill Army Prepositioned Stocks (APS). These war stocks are located in strategic regions around the world; the Government uses these stocks to mobilize quickly in order to address any emergency. The MaxxPro FoV is required to be fielded

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c. Duplication of Costs:

(1) As stated above, MaxxPro Dash Kit deliveries are required to start in July 2015. If the award is delayed beyond April 2015, as many as 1,589 vehicles would either be delayed or complete the retrofit process without these required kits being installed. This would require the completed vehicles to be returned after retrofit to receive the upgrades later.

(2) The upgrade process consists of disassembling the vehicle including very large armor pieces weighing in excess of 2,000 lbs in order to complete certain maintenance tasks. During the reassembly process, the upgrades listed above can be installed while the armor is removed; achieving savings in both time and labor. If the hardware kits are not available prior to reassembly, vehicles will have to be assembled and either shipped to final destination without the hardware kit upgrades or delayed in completion of the upgrade until the hardware kits are produced and delivered.

Installation bay space and storage space do not allow for disassembled vehicles to remain for months awaiting upgrades. Vehicles will then have to be disassembled a second time and receive the hardware kit upgrades at the current location or “fly away teams” will have to travel to the vehicle’s final location for installation. The most cost effective means of installation is a “one touch” approach during upgrade activities started in FY2014 and continued through FY2016 versus having a “two touch” approach later at Continental United States (CONUS) or Outside Continental United States (OCONUS) locations.

(3) A competitive acquisition would require a two touch upgrade approach of the MaxxPro Dash vehicles, to include a separate retrofit effort for both the SBK 1, 2 & 3, as well as for the MaxxPro Survivability Upgrade (MSU) Kits. Shipping, labor, travel and storage could also result in additional costs. The combined total duplication of costs for this effort would be $40,857,500, as outlined below:

Retrofit of Dash Vehicles: SBK 1, 2 & 3 $ 19,862,500 Retrofit of Dash Vehicles: MSU Kits $13,050,000

Shipping/Labor/Travel/Storage $ 7,945,000 Total Duplication of Costs: $40,857,500

The costs associated with retrofitting the SBK 1, 2 & 3 would cost approximately $12,500 per truck (100 hours per truck x $125.00 per hour) totaling $19,862,500 for 1,589 vehicles. A separate retrofit would also need to be accomplished for the MSU

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Kits, which would cost approximately $37,500 per truck (300 hours per truck x $125 per hour) totaling $13,050,000 for 348 vehicles. The MSU Kit includes the installation of MSU Spring Kits, VEE Window Seal Kits, and Jankel Seat Headrest Kits. In addition, new costs for shipping of uninstalled kits, labor, travel and storage could result in an additional $5,000 per vehicle totaling $7,945,000. This combined total of $40,857,500 is an addition to the actual cost of the hardware, which the Government estimates to be $24,731,500. Based on the above, the Government would not recover these costs through competition.

(4) Navistar Defense owns the TDP for these kits. In order to conduct a competitive procurement of these kits, the Government would need to either procure the TDP, which is not for sale, or reverse engineer the kits. APO MRAP Engineering and PM MRAP Cost Analysts estimate it would cost the Government $503,850 per kit (approximately 5000 hours at $100.77 per hour) to reverse engineer and develop a TDP suitable for competition for the SBK 1, 2 & 3, Seat Headrests, and Vee Windows Seal. The MSU Kits, P/N 3986270C92, would cost approximately 6 times the above estimate, or $3,023,100, (approximately 30,000 hours at $100.77 per hour due to complexity and number of components). This estimate includes the cost to analyze the parts by scanning, measuring and evaluating prior to putting data into a Computer Aided Design (CAD) system; prototype parts along with drawings and installation instructions;

complete testing and evaluation to verify form, fit and function. APO MRAP Engineering and PM MRAP Cost Analysts estimate it would then cost $750,000 to perform the testing and evaluation needed to approve a new source for a single kit; this amount could be multiplied for each of the seven kits depending on the program impacts of each. These estimates are based on Government engineering knowledge of the kits and similar systems used on MRAP vehicles along with the Program Management Cost Estimating Team’s comparisons to similar MRAP efforts and historical data. The total estimated cost is $6,292,350.

Pursuing re-design or a new design and a competitive award of the seven kits would result in significant duplication of effort already completed by the OEM. A competitive acquisition would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition.

6. Efforts to Obtain Competition: This effort will be synopsized on Federal Business

Opportunities (FBO) at www.FedBizOpps.gov to maximize subcontracting opportunities as required by FAR 5.201. The synopsis will reference FAR 5.207(c)(16)(ii) by stating that “all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency.”

7. Actions to Increase Competition: At this time, the Government does not anticipate future upgrade requirements beyond those identified herein. The Government has a separate competitive solicitation for the procurement of ECP hardware for which the Government owns the TDP. No additional actions to increase competition for the hardware proprietary to Navistar will be pursued due to reasons stated in paragraph 5.

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Efforts to obtain competition are impracticable since they would cause unacceptable delays to the Government which otherwise would be prevented by a non-competitive procurement with Navistar. A non-competitive procurement with Navistar Defense is the only solution to meet the Government’s needs.

8. Market Research:

a. In accordance with FAR 10.002(b)(2)(i) and (vii), market research was conducted for this action in May 2014 and December 2013 by APO MRAP, which included internet searches, contacting knowledgeable individuals in Government and industry and attendance at a technical conference. The Government continues to use internet research to determine if other contractors are readily available and can immediately meet our requirements.

b. In May 2014, APO MRAP Representatives (The Assistant Product Manager, the Deputy Product Manager, a MaxxPro Engineer, and the MaxxPro Procurement Analyst) from the MaxxPro Engineering Department and the Logistics Department attended the Michigan Defense Industrial Base Exposition held at the Macomb Community College Expo Center, in Warren, Michigan sponsored by the National Defense Industrial Association (NDIA). This expo is a forum for Government and industry representatives to meet and discuss current products, capabilities, and Government requirements.

Industry representatives from all payload classes of trucks were present along with second and third tier subcontractors. The Government obtained information about industry products and capabilities from marketing presentations, displays/distribution of commercial literature, and conversations with various representatives of companies.

The Government has not identified other sources of supply for this effort as a result of this exposition.

c. Further, ongoing market research, last conducted 03 December 2013 by APO MRAP personnel, included attending industry conferences, such as the Interservice and Industry Training and Simulation and Education Conferences (I/ITSEC);

researching on-line magazines consisting of Army Technology, Army Magazine, Soldiers Magazine, Army Times, and Army AL&T, and reviewing various marketing publications from vehicle manufacturers discussing their product lines and their vehicle capabilities, and having attended other industry conferences (Association of the United States Army, NDIA, and prior I/ITSEC). This research has not identified other sources of supply for this effort.

d. On the basis of the aforementioned research, with APO MRAP expertise with similar contracting efforts (logistic contract efforts of the MRAP–All Terrain Vehicle (M- ATV)) and engineering knowledge of the MaxxPro vehicles, it was determined no other contractor besides Navistar could provide the supplies detailed above in paragraph 3.

e. Based on the market research outlined above, no other contractors have demonstrated the proven technical capability and experience that would prevent a substantial duplication of cost and significant delay in the award of the effort. APO MRAP will continue to actively seek out and determine if other contractors are readily available and can immediately meet mission requirements.

9. Interested Sources: As required by FAR 5.207(c)(16)(ii), a synopsis will be released on FedBizOpps where “all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency”. To date, no other sources have written to express an interest, nor has the Government identified any other source capable of successfully upgrading the MaxxPro fleet within the FY2015, FY2016, and FY2017 fielding schedule.

10. Other Facts:

a. Procurement History:

(1) On 25 January 2007, the MRAP JPO awarded, via competitive source selection, nine Indefinite Delivery Indefinite Quantity (IDIQ) contracts, including contract M67854-07-D-5032 to International Military and Government (now Navistar Defense), which included MaxxPro vehicles, Field Service Representatives (FSRs), training, maintenance, and testing. Since the date of award, Navistar has been the sole producer of the MaxxPro Dash.

(2) On 27 October 2009, ACC-WRN awarded a long term Cost Plus Fixed Fee (CPFF) contract W56HZV-10-C-0011 to Navistar Defense for System Technical Support/System Sustainment Technical Support services on the basis of “Only one responsible source”. To date, the CPFF contract to Navistar authorizes a level of effort, material and other direct costs by issuance of work directives throughout a five-year period. ECPs have been or are being developed under this contract for the hardware kits.

(3) On 14 September 2012, ACC-WRN awarded Contract W56HZV-12-C-0404 on the basis of “Unusual and Compelling Urgency” to Navistar Defense for 2,360 MSU Kits, 2,329 VEE Windows, 73 Field Service Representatives and correlating support items.

(4) On 25 July 2014, ACC-WRN awarded Delivery Order 0001 to Basic Ordering Agreement (BOA) W56HZV-12-G-0006 on the basis of “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” to Navistar Defense for a quantity of 1,044 ECP Hardware Kits. The purchase of these hardware kits, authorized by prior J&A approved by ACC Commanding General BG Harrison on 28 May 2014 (CMO 14-082), supported the upgrade of 1,044 MaxxPro Dash vehicles.

The additional vehicle upgrade quantity of 1,589 supported by kits under this J&A will complete the total MaxxPro Dash enduring fleet requirement of 2,633.

(5) Solicitation W56HZV-14-R-0337 Hardware kits are scheduled to be awarded in Feb 2015 for all other required ECPs. The Government has unlimited rights to the technical data and these kits are being procured competitively. On 25 September 2014, the solicitation was released on Federal Business Opportunities (FBO) at www.FedBizOpps.gov and available to the public for over thirty days. No other sources provided a proposal other than the Original Equipment Manufacturer, Navistar Defense

LLC.

b. Acquisition Data Availability: The Government does not possess the rights to the technical data packages for the hardware kits being procured under this action.

Navistar owns the TDP for these specific ECPs. The ECP TDPs that were developed under STS and are owned by the Government are being procured competitively. Also, the technical manual (maintenance manual) is currently under development with a release date of 2017. This manual is essential for a third party to perform the reset and upgrade of the MaxxPro Dash vehicles.

c. Unusual and compelling urgency: Not applicable.

d. Subcontracting Competition: Navistar will be required to submit a subcontracting plan for Government approval. The plan will be incorporated in the resulting contract.

Also, to encourage competition at the subcontractor level, the contract will contain the following subcontracting clauses: FAR 52.244-2 “Subcontracts”, FAR 52.244-5 "Competition in Subcontracting,” FAR 52.219-9 “Small Business Subcontracting Plan”, and FAR 52.219-16 “Liquidated Damages – Subcontracting Plan.”

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.”

NAME: Michael Loos DATE: 29SEP14 TITLE: Acting DPM, APO MRAP

SIGNATURE:

12. Requirements 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.”

NAME: Michael E. Loos DATE: 29SEP14 TITLE: Acting DPM, APO MRAP

SIGNATURE:

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13. Fair and Reasonable Cost Determination: ACC-WRN will conduct a review to ensure a fair and reasonable price. “I hereby determine that the anticipated cost for this contract action is fair and reasonable.” This determination will be based on the results of a DCAA Audit, detailed cost and price analysis, and the contractor’s submission of certified cost or pricing data.

NAME: KERRI M. BROMAN DATE: 14 November 2014 TITLE: Contracting Officer SIGNATURE:

14. Procuring Contracting Officer Certification: “I certify that this justification is accurate and complete to the best of my knowledge and belief.”

NAME: KERRI M. BROMAN DATE: 14 November 2014 TITLE: Contracting Officer SIGNATURE:

Concurrence:

Date:

Signature :

KENNETH BOUSQUET

Principal Assistant Responsible for Contracting Army Contracting Command-Warren

APPROVAL

Based on the foregoing justification, and as Principal Assistant Responsible for Contracting pursuant to Army Materiel Command (AMC) Head of the Contracting Activity (HCA) Delegation of Authority (DOA) #14-01, I hereby approve the procurement of 6,002 MRAP MaxxPro Dash Hardware Kits at an estimated amount, including options, of $24,731,500 on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(ii)(A) and (B), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This effort is subject to the availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition.

Date:____________ Signature:_____________________________

THEODORE C. HARRISON III

Major General, U.S. Army Commanding Army Contracting Command