CMO_2016-098__Approved_Urgent_JA_-_635NL_Trailer_-_Iraq_-_P1-AAF-ABF_-_REDACTED_Redacted_(ACC-WRN-17-2082).pdf

CMO 2016-098

DEPARTMENT OF THE ARMY

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Agency: Army Contracting Command – Warren (ACC-WRN) is the procuring activity for this action.

2. Description of Action: The proposed urgent contract action will result in a sole source firm fixed price contract. This effort supports the Department of State (DoS) and

Department of the Army (DoA) Combined Joint Task Force – Operation Inherent

Resolve (CJTF-OIR), for the procurement of Qty of 29 635NL Trailers, and one year of spare parts. from Oshkosh Defense LLC (OSK), Oshkosh, WI for the Iraqi Armored

Forces. The total estimated value of this action is $10,217,000.00 and will be funded with supplemental appropriations for Foreign Military Sales (FMS) that are pseudo funded. The estimated time to complete delivery of all the trailers is 36 weeks.

3. Description of Supplies/Services: This acquisition is for a total of twenty-nine (29) each 635NL Trailers and one year of spare parts. The first trailer delivery will be made

45 days after contract award. Subsequent deliveries will be one per week. The

635NLTrailers are used for equipment transport operations by the Iraqi Armored Forces.

The trailers also will fill a critical need to support United States (U.S.) Forces – Iraq operations in the establishment of Iraqi Security Forces (ISF) that will be used to secure its country, defend itself against external threats, and assist in meeting US strategic goals while promoting regional stability. Paragraph 3.c. provides an estimated value breakdown by potential line discussed in the following sub-paragraphs:

a. FMS Case P1-B-AAF has been implemented and funded on behalf of the

Government of Iraq to purchase twenty-five (25) each 635NL Trailers with one year of spare parts.

b. FMS Case P1-B-ABF (Ref. Line 3.e. below) has been implemented and funded on behalf of the Government of Iraq to purchase four (4) each 635NL Trailers with one year of spare parts.

training ($150,000). This data was created with assistance from TARDEC, the Cost &

Systems Analysis Group, and ACC-Warren.

6. Efforts to Obtain Competition:

a. Effective competition. Competition will not be pursued for these urgently needed trailers. Based on the urgent needs of the customer, a sole-source action to Oshkosh is in the best interest of the Government to meet the customer’s urgent delivery requirement. Oshkosh is the only practical source that can ensure delivery of these trailers without delaying initial delivery to September 2018.

b. Subcontracting competition. In accordance with FAR 19.702(a)(1), a subcontracting plan will be required for this action. As such, clauses 52.219-9, Small

Business Subcontracting Plan, 52.219-16, Liquidated Damages -- Subcontracting Plan, and 52.219-4004, Submission of Subcontracting Plan, will be included in the solicitation.

The proposed subcontracting plan will be reviewed and incorporated by reference into the contract.

7. Actions to Increase Competition: There are no plans to increase competition at this time, due to the urgency of this requirement. If a new requirement came in for this type of trailer and there was sufficient time to compete the requirement, a competitive procurement action could be pursued. Based on the history of low quantities of trailers being purchased, it has not been economically cost effective for the Government to reverse engineer the trailer to develop the required technical data. As of May 2016, Fontaine Military Products stated they were not interested in selling their technical data for the 635NL trailer.

8. Market Research: A formal market survey was conducted in November 2015 for the HET M1070 and 635NL HET Trailer procurement. Out of the Six (6) companies that responded, including Oshkosh, only five responded with their version of a trailer that would meet the requirement. Other than Oshkosh Defense, none of the other companies’ trailer models have been procured for the US Army to carry a tank, or similar weighted vehicle. Based on the urgency of this requirement and the need for the trailers to be in the hands of the Iraqi MOD as quickly as possible for their continued fight for freedom, competing this procurement does not meet the requirements of the

Government of Iraq. As stated in paragraph 5b above, competing this requirement would delay deliveries by at least 5 months and would hinder successfully completing missions against insurgents.

(2) W56HZV-14-C-0003, awarded 20ea 635 NL Trailers and spare parts, $4,930,601.19, for the country of Jordan. Sole Source Contract, Sole Source letter from country funded case designating Oshkosh as the prime contractor.

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: Gilbert J. Liptak //GJL// DATE: 4 May 2016

TITLE: Director, SIGNATURE:

Security Assistance Management Directorate (SAMD)

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: Gilbert J. Liptak //GJL// DATE: 4 May 2016

TITLE: Director, SIGNATURE:

Security Assistance Management Directorate (SAMD)

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. The determination of fair and reasonableness will be based on price analysis. Certified cost and pricing data will not be required based on FAR

15.403-1(b)(3).

NAME: Eric D. Murphy DATE: 4 MAY 2016

TITLE: Contracting Officer SIGNATURE: //signed-edm//

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: Eric D. Murphy DATE: 4 MAY 2016

TITLE: Contracting Officer SIGNATURE: //signed-edm//