Final_Stryker_Signed_Class_J_A_Redacted.pdf

CMO Control Number: 2023-088

CUI

4. Authority Cited: The statutory authority permitting Other Than Full and Open Competition for this effort is 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1(a)(2) which states, “When supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.”

Specifically, FAR 6.302-1(a)(2)(iii) states, “For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in – (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or (B) Unacceptable delays in fulfilling the agency’s requirements.”

5. Reason for Authority Cited: The initial acquisition strategy, for what is known as the Stryker FoV today, did not include a provision to acquire the TDP. The Stryker FoV TDP is defined as a TDP for the baseline Infantry Carrier Vehicle (ICV) and 26 individual vehicle variant TDPs. Each vehicle variant TDP is based upon the ICV and includes a significant number of common parts, specific functionality, and technical complexities. The Stryker FoV TDP in sufficient detail for competative procurement of the Stryker FoV would be required to compete each of the contract actions.

The Government has taken delivery of some, but not all, of the Stryker FoV TDP.

GDLS is currently under contract to deliver additional portions of the Stryker FoV TDP.

However, even including those additional portions, the Government still will not have a complete Stryker FoV TDP sufficient for competitive procurement of any of the actions.

For example, GDLS is not slated to deliver detailed technical data for certain key components of the Stryker FoV.

In the portions of the Stryker FoV TDP that have been previously delivered, the Government has a mixture of associated license rights. For the many legacy components developed exclusively at GDLS’s expense, the Government has only limited rights in that technical data. For some components that were developed with Government funding, the Government has better rights. Similarly, in the still-to-be-delivered portions of the Stryker FoV TDP, the Government is also expecting limited rights in various technical data. Limited rights are insufficient for competitive procurement.

In addition to the TDP, the Government does not have the necessary computer software package (CSP), nor the intellectual property (IP) data rights for the CSP sufficient for competition, to the Stryker FoV.

Program Vulnerability

Exemption #2: Internal personnel rules or trivial administrative material.

The Government estimates the total cost for a contractor other than GDLS to perform the requirements of the LS Wholesale Supply, , and STS contracts to be $1.47B. This cost encompasses TDP and Log Product development, Prototype Build, and Testing. If the Government were to compete this requirement, it is highly unlikely that the Government would achieve a cost savings through competition.

6. Efforts to Obtain Competition:

a. Effective Competition: The Government intends to solicit only GDLS for these acquisitions based on the rationale provided in Section 5 above. The Government will post all notices required by FAR 5.201, Pulicizing Contract Actions, and any responses received from responsible sources will be considered.

b. Subcontracting Competition: To ensure the contractor competitively awards subcontracts to the maximum extent possible, these contracts will contain FAR Clauses 52.244-5 "Competition in Subcontracting," 52.244-2 "Subcontracts," and 52.219-8 "Utilization of Small Business Concerns."

GDLS, as a large business, will also be required to submit a subcontracting plan for review and approval in accordance with FAR 52.219-9 "Small Business Subcontracting Plan."

7. Actions to Increase Competition: The Government will continue to make attempts to acquire technical data, computer software, and data rights sufficient for competition from GDLS; however, it does not plan to pursue a specific reverse engineering at this time based on the rationale provided in paragraph 5. The Government frequently sends letters to GDLS requesting specifically negotiated license rights for the Stryker FoV.

The Government will continue to acquire and take delivery of Level III drawings and software resulting from performance under the STS contract for select Stryker unique items and vehicle kits. The Government is continuously conducting market research to provide for future competition and will continue to emphasize the Agency small business subcontracting goals.

8. Market Research: PM-SBCT continuously conducts market research in accordance with FAR 10.002(b)(2) to determine whether other capabilities of industry can be used to fulfill its life cycle requirements and to ensure its acquisition methods obtain the best value for the Government. The following actions are examples of how PM-SBCT acquired market information in preparation for this acquisition:

a. ACC-DTA and PM-SBCT issued separate Requests for Information (RFI) for LS Wholesale Supply, and STS between September 2022 and June 2023. The RFls were issued to assess industry capabilities and readiness of potential qualified contractors previous justification was non-competitive in nature.

b. Other facts. GDLS was competitively selected for the vehicle production contract utilizing best value Source Selection techniques in November 2000. The initial PM-SBCT requirement can be found in the Interim Armored Vehicle (now Stryker) Operational Requirements Document dated 6 April 2000. While an integrated Analysis of Alternatives was not developed for the initial Stryker FoV acquisition, several analyses were conducted to develop and refine the PM- SBCT Organizational and Operational Concept that was to establish Stryker operational requirements and compare alternatives to meeting those requirements. Because the TDP was not licensed when this contract was awarded, the follow-on actions to procure services for the sustainment of the Stryker FoV were awarded to GDLS pursuant to approved J&As.