[REDACTED]_JA_2016-118.pdf

CMO Control No:2016-118

M985A4 HEMTT GMT

W56HZV-16-R-0107

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 procuring activity for this action.

2. Description of Action: ACC-WRN proposes to award a Firm-Fixed-Price Contract to Oshkosh Defense LLC (Oshkosh), Oshkosh, WI for five (5) each M985A4 Heavy Expanded Mobility Tactical Truck (HEMTT) Guided Missile Transporters (GMTs) with winch able to lift and load Patriot Missiles and spare parts. to support Foreign Military Sales (FMS) Cases TW-B-YYV (Taiwan) and KU-B-UMG (Kuwait). This procurement supports the Security and Assistance Management Directorate (SAMD). Award is projected for 1st Quarter FY 2017 using country funds via Electronic – FMS Direct Cite

(E-FMSDC).

3. Description of Supplies and Services: The purpose of this procurement is to provide the following: five (5) each M985A4 Heavy Expanded Mobility Tactical Truck (HEMTT) Guided Missile Transporters (GMTs) with winch able to lift and load Patriot Missiles and spare parts. Total estimated value of the contract is $2,688,262 ($2,574,976 for GMTs and $113,286 for Kuwait spare parts).

4. Authority Cited: The statutory authority permitting Other Than Full and Open Competition is 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(B), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” These items will be procured in accordance with FAR 6.302-1(a)(2)(ii)(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 unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited: As authorized by FAR 6.302-1(a)(2)(ii)(B), procurement by other than full and open competition is necessary because as the Original Equipment Manufacturer (OEM) of the M985A4 HEMTT GMT, Oshkosh holds the technical data rights, has the expertise to produce the M985A4 HEMTT GMT, and is uniquely qualified to fulfill the contract requirements. The Government has inquired whether Oshkosh would be interested in selling their technical data package (TDP) or willing to allow the US Government to pay a royalty for use of the TDP in a competitive acquisition. Oshkosh replied that they have no interest in selling their TDP or allowing the use of it in a competitive acquisition.

Unacceptable Delay: First Article Testing (FAT) would be required for alternate vehicles produced by a new source to ensure the vehicles meet all Reliability, Availability and Maintainability (RAM), Performance, and MIL-STD Logistics requirements. The total delay for competitive procurement from a new source is

W56HZV-16-R-0107

complete. Second is the time to test the vehicle that is selected for contract award. It will take up to one year to fully test the vehicle.

Event Sole-Source Competitive

Justification and Approval (J&A) signed Jul 2016 N/A

Sole-Source Procurement Package Jul 2016 N/A

RFP/Solicitation Release Jul 2016 May 2017

Receipt of Proposals Oct 2016 Jun 2017

Source Selection Evaluation Board N/A Aug 2017

Contract Award Nov 2016 Nov 2017

Deliver Test Vehicles N/A Apr 2018

Complete Testing N/A Apr 2019

Initial Vehicles Delivered Mar 2017 Oct 2019

6. Efforts to Obtain Competition:

a. Effective competition. The Government has inquired whether Oshkosh would be interested in selling their technical data package (TDP) or willing to allow the US Government to pay a royalty for use of the TDP in a competitive acquisition. Oshkosh replied that they have no interest in selling their TDP or allowing the use of it in a competitive acquisition. Competition will not be sought for this acquisition:

b. Subcontracting competition. The contract will include FAR Clause 52.244-5 entitled, "Competition in Subcontracting," which requires the Contractor to select subcontractors on a competitive basis to the maximum practical extent.

7. Actions to Increase Competition: This is an FMS requirement and no future similar acquisitions are known at this time.

8. Market Research: Market Research was conducted to determine if there was an available commercial item (with or without modification) that could satisfy the requirement. A Request for Information (RFI) was issued 26 February 2016 to determine if there were any interested sources capable of producing a vehicle that could lift and load Patriot missiles. Responses were due 11 March 2016. Oshkosh Defense and Brothers Body were the only companies responding to the RFI. The RFI submission was reviewed and evaluated by TARDEC. The Oshkosh vehicle has been used for many years to load and transport Patriot missiles and is capable of fulfilling the requirement. Brothers Body provided information for two different trucks. Based on the information provided, it is unlikely that one of the truck models has the room required to

W56HZV-16-R-0107

transport the missiles. The other proposed system from Brothers Body is unproven. As mentioned in Section 5 above, full verification testing will need to be completed on the vehicle and spare parts which will result in an unacceptable delay. Further, the off-road capability of the other vehicle identified by Brothers Body cannot be determined, and would likely result in an additional unacceptable delay in fulfilling the customer’s requirement in order to complete testing to ensure the vehicle can load/off load missiles onto a launcher, trailer, etc. According to TARDEC, an additional 6 months to 12 months would be required for off-road testing and missile loading/unloading testing.

9. Interested Sources: To date, no other sources have written to express an interest and no additional sources are expected. A synopsis as required by FAR 5.201 will be published on FedBizOpps and any proposals received shall be considered.

10. Other Facts:

a. Procurement history.

1) Contract W56HZV-09-D-0024 awarded to the OEM Oshkosh Defense LLC on 31 October 2008 for production vehicles on a sole source basis. From 2010 to 2014, FMS customer Taiwan received 70 HEMTTs in varying configurations to support its Patriot Air Defense System from this vehicle production contract via FMS Case TW-B- YYV. This sole source contract W56HZV-09-D-0024 expired on 31 October 2013.

2) In the 1990s, Kuwait received 24 HEMTTs with winches and cranes to support its Patriot missile program via FMS Case KU-B-UJO under contract DAAEZ07-94-C- R086 with OEM Oshkosh.

a. Other facts. N/A

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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.

Typed Name: Doug Edwards Date: 08 Jul 2016

Title: Chief, AFRICOM/EUCOM/NORTHCOM, SAMD Division A Signature: //Signed// DCE

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.

Typed Name: Gilbert J. Liptak DATE: 31 May 2016

Title: Director, Security Assistance Signature: //SIGNED//GJL

Management Directorate (SAMD)

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract will be fair and reasonable. This determination will be based on the results of a review of the contractor’s proposal by Government requirements personnel and a detailed Cost/Price Analysis of the contractor’s proposal conducted by ACC-WRN price analysts with DCAA support if warranted.

Typed Name: _Eric Murphy______ Date: _29 JUN 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.

Typed Name: _Eric Murphy_______ Date: _29 JUN 2016______

Title: __ Contracting Officer______ Signature: _//signed-edm//____