Amendment 1 Cummins FY24 FSR JA_Redacted.pdf

CMO Control Number: 2023-091

DEPARTMENT OF THE ARMY

AMENDMENT 1 TO

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Army Contracting Command – Detroit Arsenal, MI (ACC-DTA).

2. Description of Action: ACC-DTA proposes to award a new one-year Firm Fixed Price Level of Effort (FFP-LOE) commercial service contract to Cummins Incorporated for on-site V903 Engine Field Service Representative (FSR) technical support for Project Managers Self-Propelled Howitzer Systems (SPHS), Extended Range Cannon Artillery (ERCA), Bradley Fighting Vehicles (BFVs), Armored Multi-Purpose Vehicles (AMPV), and Multiple Launch Rocket Systems (MLRS). This contract will have a period of performance of 01 October 2023 to 30 September 2024. This procurement will utilize Fiscal Year (FY) 22 Weapon Track Combat Vehicle (WTCV) funding. This contract may be awarded incrementally through modifications.

3. Description of Supplies/Services: The services to be awarded under this new contract include on-site V903 engine FSR support including technical assistance, technical data collection and reporting, troubleshooting, and repairing the V903 to include on-site engine modifications and Engine Control Module (ECM) software updates, diagnostic services, and engine repairs throughout the vehicle production process in accordance with power pack, and mobility testing specifications at the following locations: York, PA; Elgin, OK; Anniston, AL (VOUC); ANAD (Anniston, AL), Ft. Cavazos, TX; Ft. Stewart, GA; Red River Army Depot; Picatinny, NJ; and Letterkenny Army Depot.

The total estimated value of this procurement is $4,349,844 which includes 5760 FSR labor hours, material, and other direct cost (ODC). The total estimated dollar amount of this action is based on an Independent Government Cost Estimate (IGCE) dated 11 May 2023.

Description IGCE

Material $ 2,544,978

Labor $ 1,804,866

Total $ *4,349,844

*Labor Overhead, Other Direct Charges (ODC), G&A, and Profit/Fee are included in the estimates the Government to award to Cummins Inc. due to the need for FSRs with such specialized technical knowledge, and with work being performed in several different locations. A single contract is necessary in order to be able to shift assets between locations as necessary and to facilitate effective management.

9.Interested Sources: A Market Survey, RFI, was not published.

10. Other Facts:

a) Procurement History: The below contract was awarded to Cummins in accordance with FAR 6.302-2(a)(2) “Unusual and Compelling Urgency” which states, “When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for”.

W56HZV-21-C-0070: In December 2020, ACC DTA awarded an urgent one-year, sole source FFP-LOE, contract for Field Service Representatives, for maximum value of $429,600 for the V903 engine. Period of Performance was for 10 months from December 2020 through September 2021.

b) Procurement History: The below contracts were awarded to Cummins in accordance with FAR13.501(a) Sole Source Acquisitions, “Simplified Procedures for certain Commercial Items.”.

1. W56HZV-21-C-0133: In September 2021. ACC-DTA awarded a one-year, sole source FFP-LOE, contract for Field Service Representatives, for a maximum value of $1,033,259 for the V903 engine. Period of Performance (PoP) was for 12 months from October 2021 through September 2022. Modification P0001 was awarded which increased the FSR support effort by $231,260. The PoP remains the same through September 2022.

2. W56HZV-22-C-0077: In September 2022. ACC-DTA awarded a one-year sole source FFP-LOE, contract for Field Service Representatives, for a maximum value of $1,972,028 for the V903 engine. Period of Performance (Pop) was for 12 months from October 2022 through September 2023. Modification P0001 was awarded which increased the FSR support effort by $228,628.82. The PoP remains the same through September 2023.

11. Technical/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: Lauren C Franke-Berlin Date: 28 September 2023

Title: Deputy Product Director Paladin Signature: //Signed//

12. 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 contractor’s proposal will be reviewed by the Government to ensure a fair and reasonable price. Price reasonableness will be based upon a cost and price analysis, an independent Government estimate, and price history. The contractor will be required to submit other than certified cost or price data for negotiations to be conducted.

Name: Joseph Neumann Date: 28 September 2023 Title: Contracting Officer Signature: //Signed//

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

Name: Joseph Neumann Date: 28 September 2023 Title: Contracting Officer Signature: //Signed//