JA_Recommended_Redactions_W56HZV-15-R-0033_M2010_Repair.pdf

CMO Control Number: 2015-059

DEPARTMENT OF THE ARMY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: The United States Army Contracting Command-Warren (ACC-

WRN),

2. Description of Action: ACC-WRN proposes to award, on a sole source basis, a new, Firm Fixed Price (FFP), three-year, Indefinite Delivery Indefinite Quantity (IDIQ) service contract to Remington Arms Company Incorporated (“Remington”) for the M2010 .300 Win-Mag Enhanced Sniper Rifles (ESR). Fiscal Year 2015 Operations and Maintenance – Army (OMA) funds will be utilized.

3. Description of Supplies/Services: This action requires the contractor to inspect, repair, and overhaul at least 50, but no more than 2,100, M2010 .300 Win-Mag ESRs.

The estimated minimum and maximum values of this contract are $220,807 and $9,273,894 respectively. The estimated period of performance is 36 months. There are no options.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 USC 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.” FAR 6.302-1(a)(2)(iii)(B) provides that highly specialized services may be deemed to be available only from the original source when it is likely that award to any other source would result in unacceptable delays in meeting the government’s requirements.

5. Reason for Authority Cited:

a) Remington is the original weapon designer and manufacturer. Remington owns the Technical Data Package (TDP) and is the only source that can supply the needed services for repairs. The Government has reached the purchasing agreement threshold for obtaining Government Purpose License Rights (GPLR) to the production-level TDP. However, according to 8 August 2014 research and analysis by Armament Research, Development and Engineering Center (ARDEC), in order to use the TDP, the Government would be required to perform a thorough TDP review, re-draw the TDP using the Government’s Computer Aided Design (CAD) software, formats, and standard drawing practices, and then process and release the TDP into the drawing repository for use in Government contracting. This TDP conversion would take approximately one and a half years to provide a usable TDP for contracting. Once the TDP conversion is complete, it will take the government at least an additional one and a half years to set up an

7. Actions to Increase Competition: The government will not seek to obtain GPLR for the M2010 because within 3 years the plan is to replace this system with the Precision Sniper Rifle (PSR).

8. Market Research: The Configuration Management Officer, ARDEC, Rock Island Arsenal, completed market research on 8 August 2014 for the M2010 Enhanced Sniper Rifle, NSN 1005-01-588-2913. The M2010 was first procured in 2010 under Contract W15QKN-10-D-0504 and was awarded to Remington. In April 2013, ARDEC conducted a Source of Repair Analysis (SORA) and Business Case Analysis (BCA), to determine the overall best value option for Depot Source of Repair (DSOR) for the M2010. The research indicates Remington, the Original Equipment Manufacturer (OEM), provides the best value and is the recommended source of repair. Current market research included an internet Google search using the search terms “M2010 Sniper Weapon System” and “M2010 Sniper Weapon System Repair.” All search results referenced Remington as the contractor. The search term, “Remington 700 chassis system,” was also entered which found several other companies who make after-market, drop-in chassis for Remington 700 rifles (closest commercial equivalent to the M2010 Rifle). These companies included MDT, Eberlestock and Accuracy International. However, these other systems are all conceptually and physically different from what Remington designed and for which the Government has GPLR. Since these companies do not have rights to the TDP, in order to use a contractor other than Remington, the conversion of the Remington TDP to Government drawings and the overhaul manuals must first be completed, which would lead to unacceptable delays for the M2010 overhaul program as described above.

9. Interested Sources: The notices required by FAR 5.201 will be published and proposals received will be considered. To date, no other sources have written to express an interest.

10. Other Facts:

a) Procurement History:

Contract: W15QKN-10-D-0504 (Hardware contract) Award Date: 20 September 2010 Contractor: Remington Arms Company Inc.

Competitive Status: Full and Open Competition (New Production/Conversion Contract)

Contract: W15QKN-12-D-0102 Award Date: 27 September 2012 Contractor: Remington Arms Company Inc.

Competitive Status: Sole-Source (Spare Parts) IAW FAR 6.302-1, Only One Responsible Source

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.

/signed/ 21 Jan 2015

Jeff Windham Date CH Small Cal Sys Br

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.

/signed/ 26 Jan 2015

Raymond Muskeyvalley Date Soldier/Chem Bio R&S Director

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination will be based on the results of a detailed cost analysis and the contractor’s submission of certified cost and pricing data.

26 Jan 2015 Corey Richards Date Contracting Officer

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

26 Jan 2015

Corey Richards Date Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of inspection, repair and overhaul of the M2010 .300 Win-Mag Enhanced Sniper Rifle, with an estimated value of $9.3 million, on an other than full and open competition basis pursuant to the authority of 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.” This approval is subject to availability of funds, and provided the services and property herein described have otherwise been authorized for acquisition.

3/18/2015

X LaRuth Shepherd LaRuth Shepherd Competition Advocate Signed by: SHEPHERD.LARUTH.1230673116