[REDACTED]_JA_2017-096.pdf

CMO Control Number: 2017-096

Moreover, procurement by other than full and open competition is necessary because, Oshkosh Defense LLC is the Original Equipment Manufacturer (OEM) of the M983A4 HEMTT and M985A4 GMT and it holds the technical data rights, has the necessary technical knowledge and expertise and is uniquely qualified to fulfill the contract requirements. They have produced more than 46,000 HEMTTs to date.

Oshkosh Defense LLC has the production equipment and space readily available to produce the 16 M983A4 HEMTTs. Moreover, Oshkosh Defense LLC has an established supply chain logistics capability to provide all the required spare parts.

As the OEM, it has the unique capability to provide the training for the M983A4 and the M985A4 HEMTTs. Since Jan 2013, Oshkosh Defense LLC has conducted 83 HEMTT training courses at Continental United States (CONUS) and OCONUS locations. Use of another source for the required vehicles, spare parts and training would result in duplication of cost and unacceptable delay to the Government and the FMS customer in the form of development, design and testing.

Unacceptable Delay:

First article testing would be required for any HEMTTs produced by a new source to ensure the vehicles meet all Reliability Availability and Maintainability (RAM) and Performance requirements. The HEMTTs produced by Oshkosh Defense LLC have already successfully completed this testing.

Oshkosh Defense LLC is the only company with an existing capability that can meet the current requirement. In March 2017, the U.S. Government requested a Rough Order Magnitude from Oshkosh Defense LLC for the Family of Heavy Tactical Vehicles Technical Data Package (TDP). Oshkosh Defense LLC responded that the TDP is not available for sale. Based on Tank Automotive Research, Development and Engineering Center’s (TARDEC) experience with TDP development, the time required for the extensive reverse engineering of a U.S. Government-owned TDP prior to competitive procurement is one year. Also, based on TARDEC’s experience with new production programs, it would take a new contractor one year to produce, obtain, and assemble long-lead production tooling for major vehicle components.

Due to RAM and Performance testing requirements for new vehicles, it would take an additional year to qualify a new source. A competitive procurement would provide an initial delivery by 3rd quarter of year 2020. A delay of this magnitude would negatively impact the mission supported by the M983A4 HEMTT and M985A4 GMT trucks.

Operations Security (OPSEC) Exemption #4

6. Efforts to Obtain Competition:

a. Effective Competition: ACC-WRN will synopsize this effort in accordance with

FAR 5.201; however, it will not pursue competition for this action for the reasons stated in paragraph 5.

b. Subcontracting Competition: OshKosh Defense LLC will submit a subcontracting plan for U.S. Government approval to be incorporated into the resulting contract.

To encourage competition at the subcontractor level, the contract will contain the following subcontracting clauses: FAR 52.244-2, “Subcontracts” and FAR 52.244-5, “Competition in Subcontracting.”

7. Actions to Increase Competition: This effort seeks a sole source award to OshKosh Defense LLC because the U.S. Government does not own the TDP required for this effort. There is no other way to increase competition within industry without a substantial duplication of cost to the U.S. Government and an unacceptable delay. This is an FMS procurement; at this time, ACC-WRN and SAMD are not aware of any future requirements for these items/services.

8. Market Research: SAMD and ACC-WRN conducted market research to determine if a commercial item (with or without modification) is available that could satisfy the requirement. A Request for Information (RFI) was posted 31 Aug 2016 on www.FebBizOpps.gov to determine if there are any interested sources capable of producing a vehicle that can lift and load Patriot missiles. The RFI closed on September 16, 2016. Oshkosh Defense LLC was the only company to respond to the RFI.

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

10. Other Facts:

a) Procurement History.

Contracts W56HZV-07-C-0248 and W56HZV-09-D-0024 were awarded to Oshkosh Defense LLC on February 22, 2007 and October 31, 2008, respectively, for production of HEMTTs and PLSs under the authority of Title 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1(a)(2)(ii)(A), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

In the 1990s, Kuwait received the following HEMTTs from Oshkosh Defense LLC, to support its Patriot missile program via FMS Case KU-B-UJO:

12 each Truck Tractor, M983 HEMTTs w/winch were delivered to Kuwait in 1995 and 1996, under contract DAAE07-94-C-R086.

5 each Truck Cargo M977 HEMTTs w/crane and winch were delivered to Kuwait in 1995 and 2000, under contract DAAE07-94-C-R086.

1 each Truck Wrecker, M984A1 HEMTT w/winch was delivered to Kuwait in 1995, under contract DAAE07-94-C-R086.

6 each M985E1 HEMTT GMTs were delivered to Kuwait in 1995, under contract

DAAE07-94-C-R086.

Due to the age of these contracts, most of the information that is recommended to be discussed in AFARS 5153.303-5, paragraph 10a, is unavailable.

b) Other facts. Oshkosh Defense LLC developed the TDP at its own expense during the course of these contracts. The specifications, engineering and designs are the property of Oshkosh Defense LLC.

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: Jeffrey L. Knop Date: 03 Feb 2017

Title: Weapon System Manager for Heavy Tactical Vehicles Signature: //Signed// JLK Security Assistance Management Directorate

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 Date: 21 Mar 17

Title: Director, Signature: //s// GJL Security Assistance Management Directorate

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 detailed cost and price analysis and the contractor’s submission of certified cost or pricing data.

Name: _Kerri Broman______ Date: _15 June 2017___ ___

Title: __Contracting Officer__ Signature: _//s//KMB_______

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

Name: _Kerri Broman _____ Date: _15 June 2017______

Title: __Contracting Officer _ Signature: //s//KMB_________