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April 1, 2020 | International, Aerospace, Naval, Land, C4ISR, Security

Coronavirus : retour au travail pour les industriels de la défense

L'arrêt de certaines usines a surpris nombre de militaires. Après un travail de concertation, tous les industriels ont rouvert afin d'assurer le soutien des armées.

Par Anne Bauer

Publié le 31 mars 2020 à 15h50Mis à jour le 31 mars 2020 à 16h06

C'est une des découvertes de la crise du coronavirus : la défense n'a pas d'obligations de production particulières par rapport à d'autres secteurs . De quoi surprendre les commandants militaires. Aussitôt le confinement déclaré, une entreprise comme Arquus (ex-Renault Trucks Defense), filiale de Volvo, annonçait la fermeture de ses sites industriels sans concertation avec ses partenaires, alors que l'entreprise fabrique avec Thales et Nexter les blindés de l'armée de terre. Après un certain flottement, les choses sont rentrées dans l'ordre et les sites industriels se remettent en marche depuis lundi.

Cartographier les besoins prioritaires

« Un dialogue s'est ouvert entre les industriels de la défense, la Direction générale de l'armement et le ministère des Armées pour faire une cartographie des activités les plus critiques pour la défense, donner des prévisions d'activité et bien mesurer tous les impacts sur les systèmes de soutien au profit des forces armées », explique-t-on au ministère des Armées.

Dès le 20 mars, la ministre Florence Parly envoyait un courrier aux industriels pour leur rappeler que « sans transiger sur les mesures barrières dont le respect strict est indispensable pour endiguer la propagation du virus, l'activité des entreprises de défense devait continuer ». Pas question de ne pas assurer l'entretien des hélicoptères au moment où ils sont plus que jamais engagés dans le transport des malades , de baisser la garde sur la dissuasion nucléaire, ou encore de ne pas pouvoir changer les pièces défaillantes des blindés utilisés au Sahel.

Renégociation prochaine des objectifs

Après une grosse semaine de fermeture, histoire de bien analyser les conditions de production et de nettoyer les sites de fond en comble, les industriels de la défense ont rouvert. Chez Nexter, les sites de production sont de nouveau actifs, même si la totalité des effectifs n'est évidemment pas appelée. Arquus, de son côté, explique avoir terminé la semaine dernière son inventaire, ce qui lui a permis de livrer à la Direction générale de l'armement nombre de blindés stockés et de rappeler ses salariés pour assurer les livraisons des pièces de rechange, notamment à l'heure où les camions de l'armée sont extrêmement sollicités dans l'opération « Résilience » de soutien à la lutte contre la pandémie.

Globalement, le soutien aux armées sur terre, mer et air est assuré, sachant qu'il y aura plus tard, au printemps, des négociations pour réviser les objectifs de livraison de matériel neuf, qui étaient inscrits dans la loi de programmation militaire. Il faudra tenir compte de la baisse de la mobilisation du personnel pour des raisons sanitaires - et sans doute, in fine, d'un recadrage des ressources budgétaires.

https://www.lesechos.fr/industrie-services/air-defense/coronavirus-retour-au-travail-pour-les-industriels-de-la-defense-1190687

On the same subject

  • Contract Awards by US Department of Defense - December 18, 2020

    December 21, 2020 | International, Aerospace, Naval, Land, C4ISR, Security

    Contract Awards by US Department of Defense - December 18, 2020

    ARMY General Dynamics Land Systems Inc., Sterling Heights, Michigan, was awarded a $4,620,000,000 fixed-price-incentive contract to produce Abrams M1A2 SEPv3 tanks. Bids were solicited via the internet with one received. Work locations and funding will be determined with each order, with an estimated completion date of June 17, 2028. The U.S. Army Contracting Command, Detroit Arsenal, Michigan, is the contracting activity (W56HZV-21-D-0001). STS International Inc., Berkeley Springs, West Virginia, was awarded a $49,500,000 firm-fixed-price contract for combat field service equipment team services. Bids were solicited via the internet with four received. Work locations and funding will be determined with each order, with an estimated completion date of Dec. 17, 2025. The U.S. Army Contracting Command, Aberdeen Proving Ground, Maryland, is the contracting activity (W911QY-21-D-0001). Canadian Commercial Corp., Ottawa, Ontario, was awarded a $30,000,000 firm-fixed-price contract for the removal of existing excitation equipment and replacement of solid-state excitation equipment/systems. Bids were solicited via the internet with seven received. Work locations and funding will be determined with each order, with an estimated completion date of Dec. 17, 2030. The U.S. Army Corps of Engineers, Nashville, Tennessee, is the contracting activity (W912P5-21-D-0002). NAVY Koa Lani JV LLC,* Orlando, Florida, is awarded an $854,000,000 indefinite-delivery/indefinite-quantity contract with firm-fixed price, cost-plus incentive fee and cost-reimbursement contract line items for range operations support and base operations support services. This contract includes a 60-month base period with one 60-month option period. Work will be performed at the Pacific Missile Range Facility, Island of Kauai, Hawaii. Work is expected to be completed by December 2025; if the option is exercised, work will be completed by December 2030. Subject to the availability of funds, fiscal 2021 operation and maintenance funds (Navy) in the amount of $20,000,000 will be obligated at the time of award to fund the contract's minimum amount and funds will not expire at the end of the current fiscal year. The requirement was posted to the Federal Business Opportunities website and the Navy Electronic Commerce Online website as a 100% 8(a) set-aside requirement, with three offers received. The Naval Supply Systems Command, Fleet Logistics Center, Pearl Harbor, Hawaii, is the contracting activity (N00604-21-D-4000). L3 Technologies Inc., Salt Lake City, Utah, is awarded a $495,530,542 cost-plus-incentive-fee contract. This contract provides for the production and delivery of 10 pod simulators, eight operational prototype pods, four jettison mass model pods, two captive mass models, two mission system prototypes and two technique development systems in support of engineering and manufacturing development for the Next Generation Jammer Low Band program. Work will be performed in Salt Lake City, Utah (66%); Boulder, Colorado (10%); Carlsbad, California (9%); Stuart, Florida (7%); Indianapolis, Indiana (4%); St. George, Utah (2%); and Guthrie, Oklahoma (2%), and is expected to be completed in September 2025. Fiscal 2020 research, development, test and evaluation (Navy) funds in the amount of $20,377,862 will be obligated at time of award, all of which will expire at the end of the current fiscal year. This contract was competitively procured via an electronic request for proposal; two offers were received. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity (N00019-21-C-0021). Raytheon Missile Systems, Tucson, Arizona, is awarded a $145,101,510 modification (P00003) to previously issued fixed-price-incentive-firm-target, firm-fixed-price contract N00019-20-C-0030. This modification exercises an option for the production and delivery of 90 full rate production Lot 17 Block V Tactical Tomahawk (TACTOM) All Up Round (AUR) Vertical Launch System missiles, including related hardware and services for the Navy. Additionally, this modification procures TACTOM AUR recertification AGR-4 spares. Work will be performed in Tucson, Arizona (40.6%); Walled Lake, Michigan (11.4%); Gainesville, Virginia (9.7%); El Segundo, California (5.1%); Clearwater, Florida (3.3%); Glenrothes, Scotland (3.1%); Spanish Fork, Utah (3%); Middletown, Connecticut (2.7%); Berryville, Arkansas (2.5%); Midland, Ontario, Canada (2.4%); Ontario, California (2%); Camden, Arkansas (1.8%); Vergennes, Vermont (1.7%); Anniston, Alabama (1.2%); and various locations within the continental U.S. (9.5%), and is expected to be completed in December 2023. Fiscal 2021 weapons procurement (Navy) funds in the amount of $140,686,082; and fiscal 2020 weapons procurement (Navy) funds in the amount of $4,415,428 will be obligated at time of award, none of which will expire at the end of the current fiscal year. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity. Progeny Systems Corp.,* Manassas, Virginia, is awarded a $41,716,025 fixed-price-incentive (firm target), cost-plus-fixed-fee and cost only modification to previously awarded contract N00024-18-C-6410 to exercise options for the production of MK54 MOD 1 lightweight torpedo kits, associated production support material, spares and engineering and hardware support services. This modification is in support of the MK54 MOD 1 Lightweight and MK48 Heavyweight torpedo programs. This contract combines purchases for the Navy (99%); and the governments of Australia, Canada, Taiwan, United Kingdom, Netherlands, Denmark and Belgium (1% combined), under the Foreign Military Sales (FMS) program. Work will be performed in Charleroi, Pennsylvania (70%); Salt Lake City, Utah (26%); and Manassas, Virginia (4%), and is expected to be completed by December 2023. Fiscal 2021 weapons procurement (Navy) funds in the amount of $41,210,110 (99%); and FMS funds in the amount of $505,915 (1%) will be obligated at time of award and will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington, D.C., is the contracting activity. CFM International Inc., West Chester, Ohio, is awarded a $28,529,246 modification (P00006) to previously awarded firm-fixed-price contract N00019-18-C-1071. This modification adds scope to procure two P-8A Poseidon CFM56-7B27AE engines for the governments of Australia and New Zealand. Work will be performed in Villaroche, France (53%); Durham, North Carolina (43%); Singapore (3%); and Bromont, Canada (1%), and is expected to be completed in November 2021. Foreign Military Sales funds in the amount of $14,264,623; and foreign cooperative project funds in the amount of $14,264,623 will be obligated at time of award, none of which will expire at the end of the current fiscal year. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity. General Dynamics Bath Iron Works, Bath, Maine, is awarded a $23,852,562 cost-plus-award-fee and cost modification to previously awarded contract N00024-19-C-2322 to exercise options for the accomplishment of planning yard efforts such as engineering, technical, planning, ship configuration, data and logistics efforts for DDG-1000 class destroyers post-delivery and in-service life-cycle support. Work will be performed in Bath, Maine (95%); and San Diego, California (5%), and is expected to be completed by December 2021. Fiscal 2021 shipbuilding and conversion (Navy) $1,659,554 funding will be obligated at the time of award and will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington, D.C., is the contracting activity (N00024-19-C-2322). Northrop Grumman Systems Corp., San Diego, California, is awarded a $22,320,161 modification (P00006) to previously awarded cost-plus-fixed-fee contract N00019-20-C-0025. This modification exercises options to procure software and engineering sustainment services, software support, logistics, cyber security and program related engineering in support of MQ-8 Fire Scout unmanned air systems. Work will be performed in San Diego, California, and is expected to be completed in December 2021. Fiscal 2021 aircraft procurement (Navy) funds in the amount of $5,452,295; fiscal 2021 operation and maintenance (Navy) in the amount of $3,982,259; and fiscal 2021 research, development, test and evaluation (Navy) funds in the amount of $139,877 will be obligated at time of award, of which $3,982,259 will expire at the end of the current fiscal year. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity. BAE Systems Platforms & Services, Minneapolis, Minnesota, is awarded an $18,000,057 fixed-price contract action for Virginia class submarine propulsors. The services under this contract include the engineering and support for the construction of fixed assemblies for the Virginia class propulsor. This contract includes options which, if exercised, would bring the cumulative value of this contract to $98,152,185. Work will be performed in Louisville, Kentucky (90%); and Minneapolis, Minnesota (10%), and is expected to be completed by February 2027. Fiscal 2020 shipbuilding and conversion (Navy) $18,000,057 funding will be obligated at time of award and will not expire at the end of the fiscal year. This contract was not competitively procured in accordance with 10 U.S. Code 2304(c)(1) (only one responsible source and no other supplies or services will satisfy agency requirements). The Naval Sea Systems Command, Washington, D.C., is the contracting activity (N00024-21-C-4106). Daniels & Daniels Construction Co., Inc., Goldsboro, North Carolina, is awarded a $13,437,820 firm-fixed-price contract for the construction of the Marine Raider Regiment Headquarters, Marine Corps Base, Camp Lejeune, North Carolina. The work to be performed constructs a headquarters facilities and includes miscellaneous supporting structures, utilities, parking, roadways, sidewalks, running trails and site work. The structures will be single-story steel frame buildings with brick veneer over metal studs, standing seam metal roofs, metal soffits and translucent wall panels. Work will be performed at Marine Corps Base, Camp Lejeune, North Carolina, and is expected to be completed by December 2022. Fiscal 2020 military construction (Navy) contract funds in the amount of $13,437,820 are obligated on this award and will not expire at the end of the current fiscal year. This contract was competitively procured via the beta.SAM.gov website with five proposals received. The Naval Facilities Engineering Systems Command, Mid-Atlantic, Norfolk, Virginia, is the contracting activity (N40085-19-R-9148). DRS Systems Inc., Melbourne, Florida, is awarded a $10,121,768 firm-fixed-price, cost-plus-fixed-fee, cost reimbursable delivery order (N00019-21-F-0238) against previously issued basic ordering agreement N00019-19-G-0030. This order provides non-recurring engineering for the design, development and integration of the AN/AAQ-45 Distributed Aperture Infrared Countermeasure system, including associated weapons replaceable assemblies in support of the HH-60W aircraft for the Air Force. Work will be performed in Dallas, Texas (80%); San Diego, California (11%); Fort Walton Beach, Florida (8%); and Melbourne, Florida (1%), and is expected to be completed in January 2023. Fiscal 2020 research, development, test and evaluation (Air Force) funds in the amount of $10,121,768 will be obligated at time of award, all of which will expire at the end of the current fiscal year. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity. The Lockheed Martin Corp., Rotary and Mission Systems, Mitchel Field, New York, is awarded a $9,273,205 cost-plus-incentive fee and cost-plus-fixed-fee contract modification (P00012) to previously awarded and announced contract N00030-20-C-0045 for the U.S. and United Kingdom (U.K.) to provide strategic weapon system Trident fleet support, Trident II SSP Shipboard Integration (SSI) Increment 8, SSI Increment 16, Columbia class and U.K. Dreadnought class navigation subsystem development efforts. Work will be performed in Mitchel Field, New York (47%); Huntington Beach, California (36%); Clearwater, Florida (9%); Cambridge, Massachusetts (6%); and Hingham, Massachusetts (2%), with an expected completion date of Nov. 30, 2023. Fiscal 2021 other procurement Navy funds in the amount of $9,273,205 will be obligated. No funds will expire at the end of the current fiscal year. This contract was a sole-source acquisition in accordance with 10 U.S. Code 2304(c)(1) and (4). The Strategic Systems Programs, Washington, D.C., is the contracting activity. Raytheon Co., McKinney, Texas, is awarded an $8,400,868 firm-fixed-price order (N68335-21-F-0102) against previously issued basic ordering agreement N68335-20-G-1043. This order provides non-recurring engineering for the Multi-Spectral Targeting System (MTS) software deficiency corrections, design and integration of four turret unit sensors and two electronics unit circuit card assemblies to address system obsolescence and provide a standard definition compatible system to multiple systems on various aircraft that utilize the MTS for the governments of India and Australia. Work will be performed in McKinney, Texas (85%); Patuxent River, Maryland (10%); and Owego, New York (5%), and is expected to be completed in September 2022. Foreign cooperative project funds in the amount of $6,853,795; and Foreign Military Sales funds in the amount of $1,547,073 will be obligated at time of award; none of which will expire at the end of the current fiscal year. The Naval Air Warfare Center, Aircraft Division, Lakehurst, New Jersey, is the contracting activity. Edison Chouest Offshore, Cut Off, Louisiana, is awarded a $7,740,555 modification (P00021) to previously awarded firm-fixed-price contract N32205-17-C-3513 to exercise a third 12-month option with reimbursable elements for one maritime support vessel MV Carolyn Chouest. This vessel will be utilized to launch, recover, refuel and resupply of various size crafts in the U.S. Indo-Pacific Command's (USINDOPACOM) area of responsibility (AOR). This contract includes a 12-month base period, three 12-month option periods and one 11-month option period. Work will be performed in the USINDOPACOM AOR, and is expected to be completed, if all options are exercised by Nov. 21, 2022. The option will be funded by fiscal 2021 (Navy) working capital funds in the amount of $6,001,581 that will expire at the end of the fiscal year; and fiscal 2022 (Navy) working capital funds in the amount of $1,738,974 that will expire at the end of fiscal 2022. The Military Sealift Command, Norfolk, Virginia, is the contracting activity. AIR FORCE The Boeing Co., Oklahoma City, Oklahoma, has been awarded a $400,000,000 modification (P00014) to contract FA8107-19-D-0001 for B-1 and B-52 bomber engineering services. This modification is for recurring and non-recurring engineering services to B-1 and B-52 aircraft. Work will be performed at Tinker Air Force Base, Oklahoma; Edwards AFB, California; Barksdale AFB, Louisiana; and Oklahoma City, Oklahoma, and is expected to be completed Dec. 31, 2022. The total cumulative value of the contract is $1,200,000,000. Fiscal 2021 operation and maintenance funds in the amount of $33,903,201 are being obligated at the time of award. The Air Force Life Cycle Management, Tinker Air Force Base, Oklahoma, is the contracting activity (FA8107-19-D-0001). Kegman Inc., Melbourne, Florida, has been awarded a $98,700,000 firm-fixed-price, indefinite-delivery/indefinite-quantity contract with cost-reimbursable line items for travel and material purchases as needed and approved by the government. This contract provides non-personal advisory and assistance services in support of the Air Force Technical Applications Center's (AFTAC) mission that will include, but not be limited, to technical, programmatic, acquisition, expert panel, analyses, engineering, logistical and consultation support on a task order basis. Work will be performed on Patrick Space Force Base, Florida, and is expected to be completed Dec. 31, 2025. This award is the result of a competitive acquisition and one offer was received. Subject to the availability of funding, fiscal 2021 operation and maintenance funds in the amount of $2,267,485; fiscal 2021 research, development, test and evaluation funds in the amount of $3,194,720; and fiscal 2021 other procurement funds in the amount of $256,955 are being obligated at the time of award. Headquarters Air Combat Command, Acquisition Management and Integration Center, Patrick Space Force Base, Florida, is the contracting activity (FA7022-21-D-0002). Lockheed Martin Missile and Fire Control, Orlando, Florida, has been awarded a $48,634,855 855 cost-plus-incentive-fee and cost-plus-fixed-fee modification (P00017) to contract FA8682-18-C-0009 for the Joint Air-to-Surface Standoff Missile Group One development. This contract modification provides risk reduction testing, cyber testing and coatings to support the Group One development effort. Work will be performed in Orlando, Florida, and is expected to be completed June 28, 2024. Fiscal 2020 research, development, test and funds in the amount of $5,338,074; and fiscal 2019 other procurement funds in the amount of $3,100,060 are being obligated at the time of award. Total cumulative face value of the contract is $258,029,572. The Air Force Life Cycle Management Center, Eglin Air Force Base, Florida, is the contracting activity. General Atomics Aeronautical Systems Inc., Poway, California, has been awarded a $36,246,974 modification (P00009) to contract FA8620-20-C-2009 for France contractor logistics support MQ-9 Block Five and Block One aircraft. The contractor will provide an additional period of contractor logistics support for the French Air Force. Work will be performed in Poway, California, and is expected to be completed Dec. 31, 2021. This contract involves 100% Foreign Military Sales (FMS) to France. FMS funds in the amount in the full amount are being obligated at the time of award. The total cumulative face value of the contract is $73,305,690. The Air Force Life Cycle Management Center, Wright-Patterson Air Force Base, Ohio, is the contracting activity (FA8620-20-C-2009). DynCorp International LLC, Fort Worth, Texas, has been awarded a $14,761,791 firm-fixed-price modification (P000012) to contract FA2860-19-C-0005 for rotary wing maintenance. This contract provides helicopter maintenance of aircraft assigned to the 316th Wing at Joint Base Andrews, Maryland. This modification exercises Option Period Two and is expected to be completed Dec. 31, 2021. Fiscal 2021 operation and maintenance funds in the full amount are being obligated at the time of award. Total cumulative face value of the contract is $75,020,715. The 316th Contracting Squadron, Services Flight, Joint Base Andrews, Maryland, is the contracting activity. The Raytheon Co., El Segundo, California, has been awarded a $10,873,024 cost-plus-fixed-fee contract for the sustainment of the Enhanced Integrator Sensor Suite (EISS) for the RQ-4 Global Hawk program. This contract provides for contractor logistics support and sustainment of the EISS on the RQ-4 Global Hawk aircraft. Work will be performed in El Segundo, California, and is expected to be completed Dec. 31, 2025. This award is the result of a sole-source acquisition. Fiscal 2021 operation and maintenance funds in the amount of $923,333 are being obligated at the time of award. The Air Force Life Cycle Management Center, Robins Air Force Base, Georgia, is the contracting activity (FA8577-21-C-0002). DEFENSE LOGISTICS AGENCY SupplyCore, Inc.,* Rockford, Illinois, has been awarded a maximum $80,000,000 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for facilities maintenance, repair and operations supplies. This was a sole-source acquisition using justification 10 U.S. Code 2304 (c)(1), as stated in Federal Acquisition Regulation 6.302-1. This is a one-year bridge contract with no option periods. Locations of performance are Ohio, Kentucky, Indiana, Nebraska, Illinois, Wisconsin, Iowa, Missouri, Minnesota, Michigan, North Dakota and South Dakota, with a Dec. 18, 2021, ordering period end date. Using customers are Army, Navy, Air Force, Marine Corps, and Coast Guard. Type of appropriation is fiscal 2021 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE8E3-21-D-0004). FreshPack Produce Inc., Denver, Colorado, has been awarded a maximum $41,500,000 firm-fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for fresh fruits and vegetables. This was a competitive acquisition with one response received. This is a five-year contract with no option periods. Location of performance is Colorado, with a Feb. 28, 2026, ordering period end date. Using customers are Department of Agriculture schools and reservations. Type of appropriation is fiscal 2021 through 2026 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE300-21-D-S748). TMG OpCon LLLP, Ellijay, Georgia, has been awarded a maximum $27,000,000 fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for medical equipment and accessories for the Defense Logistics Agency electronic catalog. This was a competitive acquisition with 135 responses received. This is a five-year contract with no option periods. Location of performance is Georgia, with a Dec. 17, 2025, performance completion date. - Using military services are Army, Navy, Air Force and Marine Corps. Type of appropriation is fiscal 2021 through 2026 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE2DH-21-D-0054). Crown Clothing Co.,* Vineland, New Jersey, has been awarded a maximum $8,541,763 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for men's coats, belts and keepers. This was a competitive acquisition with four responses received. This is a one-year base contract with four one-year option periods. Location of performance is New Jersey, with a Dec. 17, 2021, ordering period end date. Using military service is Marine Corps. Type of appropriation is fiscal 2021 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-21-D1432). *Small business https://www.defense.gov/Newsroom/Contracts/Contract/Article/2452534/source/GovDelivery/

  • Navistar’s challenge against U.S. Army over vehicle buys hangs in the balance

    December 2, 2019 | International, Land

    Navistar’s challenge against U.S. Army over vehicle buys hangs in the balance

    By: Jen Judson WASHINGTON — For over a decade, the U.S. Army has used one source — Oshkosh Defense — to build its Family of Medium Tactical Vehicles, choosing to sole source to the company beyond its initial five year contract rather than reopen competition. Defense company Navistar is challenging the Army's choice to forgo competition and filed a lawsuit with the U.S. Court of Federal Claims in early August. Nov. 26 was to be the day a judge would decide whether the U.S. Army violated the law by continuing to order vehicles from Oshkosh outside of the scope of the contract while avoiding competition. And while a bench trial happened, the judge hearing the case did not make a decision. It is unclear what's next or when a ruling could happen. Navistar decided to sue the Army after it was getting nowhere in its quest to get the Army to produce documents — through a protest filed with the Government Accountability Office — that would show the service's reasoning to continue to order more vehicles from Oshkosh without competition and without proper legal justification. The company contended that the Army did not justify and improperly awarded its most recent sole source FMTV procurement to Oshkosh, and failed to provide proper notice to possible competitors in accordance with federal acquisition regulations and the Competition in Contracting Act (CICA), according to an extensive review of court documents by Defense News. In addition, the Army also ignored a stop work order, which automatically went into effect when a GAO protest was filed. Navistar filed two complaints: One that claims the Army violated the law when it continued to buy Oshkosh vehicles outside of the scope of its contract without holding a competition and another that claims the Army illegally continued to work on production of those vehicles despite a required stop work order that must go into affect once a protest is filed with the GAO. Since 2009, the Army has spent over $6 billion on FMTVs from Oshkosh. FMTVs are used for a wide variety of missions to include transporting capabilities that extend from cargo to missile defense radars. Navistar contends the Army had ample time to compete for follow-on FMTV orders, and the pool was deep with companies ready to provide vehicles that met the service's requirement, but the Army never did. A long saga The saga goes much further back than just the 2019 GAO protest and lawsuit. Navistar successfully protested the Army's initial award to Oshkosh back in August 26, 2009. As a result, the Army reviewed its decision, reaffirmed its selection of Oshkosh and awarded it a contract with a performance period of less than five years, set to expire at the end of 2013. The request for proposals ahead of the original contract award estimated 23,341 vehicles to be delivered over a five-year period. Following that, it was Navistar's belief that the Army would reopen the competition to deliver more FMTVs. Through a series of justification and approvals — five of them — the Army continued to extend the contract through August 25, 2019, arguing each time that it did not have the time to conduct a new competition to meet the service's needs. In its latest J&A in September 2016, the Army justified it needed another 1,744 FMTVs at an estimated cost of $575 million for total contract duration of 10 years. The Army argued that it needed to sole source FMTVs to Oshkosh because it didn't have 24 months that it would take to conduct a full competition to meet urgent requirements, while it acknowledged there were other companies to include Navistar that could build FMTVs. The service also justified the sole source award due to its plans to stop procuring the current version of the FMTV as it prepared to take delivery of a new FMTV variant, which was also competitively awarded to Oshkosh in 2018. Navistar chose not to compete for the new variant, according to court documents. The order in 2016 was to fulfill the Army's remaining needs between the end of the current variant and the future variant expected to be delivered in fiscal year 2020. Navistar again protested with the GAO the 2016 sole source award to Oshkosh for more FMTVs and ended up dropping the protest when it settled with the Army to supply some vehicles to Iraq. Without a J&A or any other documents justifying another order of vehicles, the Army, on June 28, 2019, announced what it described as the award of a $320 million contract modification for domestic purposes and for foreign military sales for the countries of Argentina, Djibouti, Iraq, Lebanon and Romania. The order was for an estimated 1,916 vehicles and extended the performance period of the contract out to 2021, 12 years past the original contract award. The announcement, according to Navistar, never disclosed that the Army had actually already ordered roughly 1,000 vehicles in excess of what was justified in the 2016 J&A. Navistar again filed a protest with the GAO over the orders made without a new J&A, but withdrew its protest in favor of filing a lawsuit in the U.S. Court of Federal Claims when the GAO refused to require the Army to produce relevant documentation justifying the additional FMTVs. It wasn't until the company filed its complaint in federal court, that it was informed by the Department of Justice that the Army had never stopped work to produce the FMTVs ordered in 2019, Navistar reveals in court documents. Beyond the scope When the Army announced a new sole source procurement for FMTVs to Oshkosh in June, it caught Navistar by surprise because the service hadn't issued a J&A, which had been its practice after the original contract period of performance had ended, and is also required by law, the company argues in the court documents. The June announcement came on the heels of the five J&As that had included an extra 4,875 vehicles and $1.4 billion more to Oshkosh outside of the scope of the original 2009 contract and procured without competition, Navistar notes. Navistar also learned that the Army, months prior to June 28, had already placed tens of millions of dollars in sole source orders for hundreds of FMTVs beyond the scope of the 2016 J&A. Navistar argued a new J&A to cover the 2019 orders was needed because the previous J&As only provided enough authority to solve the Army's claimed immediate needs and were very specific in number and delivery time frame and laid out what trucks were needed by which units and where. The company contended that the original contract and subsequent J&As didn't and shouldn't provide the Army with “a blank check” to continue buying more vehicles without justifying competition. And it argues that the Army, three years beyond 2016, had ample time to prepare to compete for remaining FMTV orders. A contract or a blank check? While the Army's arguments are sealed under a protective order and not available for public review, Oshkosh argued in a response to Navistar's complaint, that the original 2009 contract was a “requirements” contract considered valid through August 25, 2019, for any orders placed. The J&As were essentially just amendments to the original contract. Navistar disagreed and argued that each subsequent J&A should be considered the binding contract and that previous contracts are expired. “CICA does not contain an exception to competition simply because a contract extension involves a requirements contract. To conclude otherwise would gut CICA's requirements," Navistar added. Oshkosh argued that the Army was required to fulfill all of its needs for the FMTV A1P2 through the Oshkosh contract in whatever quantity became necessary until the contract expires. The company also argued that the contract ceiling value had not been exceeded even with the 2019 orders. Oshkosh also argued that Navistar misinterpreted the difference between the ordering period under a contract and the delivery period. The company claims the contract covers the ordering period and not the delivery period, which can extend beyond. Navistar argued that the September 2016 J&A timeline covers the entirety of the contract to include delivery of the vehicles. Oshkosh also contends that the Army alerted all offerors in the original competition that except for monthly and annual limits there is no minimum quantity and no maximum of vehicles that the Army can order. And Oshkosh stated that the number of vehicles laid out in the Army's contract and subsequent J&As were just “estimates” and not a ceiling for orders. Additionally, any maximum ceiling just means a company isn't obligated to honor any orders placed above that level. For Navistar, Oshkosh's interpretation goes against the core of the Competition in Contracting Act. “These J&As do not contain any rationale that would enable the Army to procure an indefinite quantity of Oshkosh vehicles for years into the future - they only provide enough authority to solve the Army's claimed immediate problem of requiring vehicles quickly before a competition can be performed,” Navistar argues. The amendment Deviating from its normal course, the Army retroactively revised or amended the September 2016 J&A in early June instead of issuing a new J&A, scratching out original numbers and costs and replacing them with new numbers and new cost estimates. The amendment was made at the request of the Army's director of policy only after orders earlier in 2019 were discovered to have gone beyond the scope of the 2016 J&A. According to CICA, agencies are not allowed to avoid competition requirements by using the device of a contract modification. The Army did not notify potential offerors of the amendment and claimed, according to Navistar in its response to the court, that the only reason for the amendment was to alert Army leadership of the change. “There is no requirement for the Army to amend a J&A as a method of notifying its own leadership about procurement actions,” Navistar notes. Additionally, Oshkosh argued in its response to Navistar, that the director of policy's request in an email to amend the J&A because orders had fallen out of the scope, was just “the author's view.” Navistar writes, “The Army's attempt to authorize its prior illegal actions along with the Army's official position at the time the amendment was executed (that its sole source actions were “beyond the scope” of its earlier J&As) are damning indicators that the Army failed to justify its 2019 sole source contract action and that it knew its actions were wrong." Army didn't hit pause It's commonly known in defense acquisition that when a GAO protest is filed, work must stop on any contract award at issue until the GAO renders a decision roughly 90 days later. But the Army didn't stop Oshkosh from ordering parts and beginning work to build vehicles wrapped up in the Navistar protest filed July 8. The service doesn't dispute this fact, according to court documents. Navistar was not made aware the Army had continued to execute the disputed sole source orders until it filed its lawsuit at the court. Once alerted by a DOJ attorney that the Army had not stopped working, the company issued a separate complaint addressing the Army's failure to stop working on the contract in accordance with the law. The Navistar complaint states the Army continued to work in secret and did not alert the GAO or Navistar that it was proceeding with the performance of the protested contract. The Army didn't take any action to override the requirement to stop working on roughly 1,365 vehicles covered under the protest. The Army did stop work on 75 vehicles destined for Iraq and Djibouti, but that did not happen for days after the protest was filed with the GAO. The service “inexplicably”, according to Navistar's response to the Army's sealed arguments, believed in “good faith” that the only vehicles in dispute were the 75 vehicles that were bound for Iraq and Djibouti. Navistar states that the administrative record “contains no explanation, documentation or reasoning” as to why the Army failed to stop work. “The Army cannot claim ignorance of its legal obligations (as it appears to be doing) in order to avoid the consequences of its statutory violations,” Navistar argues in its response. The service's argument, according to Navistar's response, focuses on a July 12 phone call it had with Navistar's defense counsel where it claims that the focus of the call was on Iraq and Djibouti requirements, but includes nothing related to it in the administrative record provided to the court. Navistar lays out that the stop work order for the 75 vehicles came at 10:15 a.m. on July 12 before the 10:30 a.m. call with Navistar's counsel. The call was scheduled at the request of the Army's counsel and Navistar's lawyers were advised to come prepared to address the number of FMTV vehicles that it could produce on an expedited basis and the schedule under which it could deliver. According to a declaration submitted to the court, Navistar's lawyers said the Army's counsel offered to try to resolve the protest by giving Navistar contracts to provide vehicles for Iraq and Djibouti. Navistar said it would not agree to a resolution unless the Army agreed to have Navistar provide a more substantial volume of both domestic and foreign military sales vehicles. The Army's lawyers said they couldn't agree with that and indicated they would have to proceed with the protest. And while Iraq and Djibouti were discussed, “the Army could not have reasonably come away from that telephone conference with such a belief,” that the protest only covered those 75 vehicles, according to Navistar's response. To Navistar, it was clear from the beginning that its protest covered all orders in 2019 made beyond the scope of the 2016 J&A. https://www.defensenews.com/land/2019/11/27/navistars-challenge-against-us-army-over-vehicle-buys-hangs-in-the-balance/

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