W912CH26F0065 - Exception to Fair Opportunity _Redacted 7 MAY 2026.pdf

CMO Control Number: 2026-029

6. Reason for Authority Cited: An award for a new DO directly to HDT under the MADOC is requested as the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays in fulfilling that need.

The current MADOC consists of two contractors, HDT and Design West Technologies (DWT). DWT consistently fails to meet its contractual obligations. To date, DWT has not passed FAT for any of its three previous DOs on this MADOC. The DOs were awarded from 2022 to 2023, and DWT has missed every contractual delivery deadline, including FAT. An October 2025 DCAA pre-award survey deemed DWT "non-responsible," reinforcing the Governments assessment that there is little to no confidence in their ability to perform any new orders. Awarding additional work to DWT would only exacerbate an already critical situation posing a significant and unacceptable risk to mission readiness and ultimately result in unacceptable delays.

In contrast, HDT has been awarded three DOs under this MADOC. HDT successfully completed its first delivery order and is successfully progressing toward FAT submission for its second and third. Given DWT's historical failures and current deficiencies, an Exception to Fair Opportunity is in the Government's best interest as HDT has been determined as the only responsible source on this MADOC capable of fulfilling these urgent requirements in a timely manner.

a. Background: A multiple award, five-year, indefinite-delivery/indefinite-quantity

(IDIQ) was awarded to two individual contractors on 22 DEC 2021; Contract W56HZV-22-D-0018 awarded to HDT Expeditionary Systems, Inc. (HDT) and contract W56HZV-22-D-0020 to Design West Technologies Inc (DWT). This is a five-year, IDIQ contract for Chemical, Biological, Radiological, or Nuclear (CBRN) Filters and Filter Assembly Components. DWT and HDT are the only two contractors on this MADOC.

The MADOC requires delivery orders to be competed between HDT and DWT.

Through the duration of the MADOC thus far, DWT has been awarded three delivery orders. The first DWT Delivery Order under the MADOC, DO W56HZV-

22-F-0088, for the M14 Gas Particulate Unit (GPU) was awarded on 23 DEC

2021. DWT failed to deliver FAT and the report on time resulted in termination of the delivery order in accordance with the default clause in the base contract.

This delivery order was terminated on 11 DEC 2025.

The second DWT delivery order awarded under the MADOC, DO W56HZV-22-

F-0244, was awarded on 21 SEP 2022. This delivery order included four items, and all four items require a FAT Report (FATR). As of 25 MAR 2026, DWT has not successfully submitted an FATR and subsequently has not delivered any production quantities for any of these four items on this DO. DWT was asked to provide an updated delivery schedule most recently on 28 OCT 2025 and responded on 07 NOV 2025, however their response did not include a complete delivery schedule. This delivery order is currently delinquent for three of four

Vulnerability

W56HZV-23-F-0465 Design West Technologies

Full and Open Competition between

MADOC

holders.

$3M 26 SEP

2023 through

29 JUL 2025

1. See the table above for the procurement history for various filter components. The

Government has satisfied the various filter requirements through the award of the contracts and the delivery order listed in Table 4 above or on delivery orders previously awarded against the MADOC that are outlined in Table 2. Two of the previous actions for this item were competitive and two were sole source.

2. In the past when full and open competition has not used, the authority cited has been only one responsible source and urgency.

3. All these parts on this EFO are procurable under the MADOC and HDT is able to deliver all 10 items at the Ordering Year 5 pricing established within the MADOC.

4. We are not utilizing full and open competition this time because these items were previously competed between the two MADOC awardees and the other MADOC awardee DWT has been terminated for default on two delivery orders against the MADOC, most recently on 11 DEC 2025.

5. There are no unusual patterns in the procurement history.

6. No protests have been filed.

b. Other Facts: None

APPROVAL

Based on the foregoing justification, and as Senior Contracting Official pursuant to Army Materiel Command Head of the Contracting Activity Delegation of Authority #25- 02 , I hereby approve the procurement of M48A1 Filters on an Exception to Fair Opportunity basis pursuant to the authority of Title 10 United States Code §3406(c)(1) as implemented in Revolutionary Federal Acquisition Regulation Overhaul 16.507- 6(b)(1)), “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays in fulfilling that need.” The estimated value of the delivery order is $48.6 million. The approval is subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for this acquisition.

See PDF

Senior Contracting Official Army Contracting Command-Detroit Arsenal

FOIA Exemption 6