25 février 2019 | International, Aérospatial, Naval, Terrestre, C4ISR, Sécurité, Autre défense

Contract Awards by US Department of Defense - February 21, 2019

DEFENSE THREAT REDUCTION AGENCY

Booz Allen Hamilton, McLean, Virginia (HDTRA1-19-D-0002); General Dynamics Information Technology, Fairfax, Virginia (HDTRA1-19-D-0003); Leidos Inc. Reston, Virginia (HDTRA1-19-D-0004); Next Tier Concepts Inc. Vienna Virginia (HDTRA1-19-D-0005); and Science Applications International Corp., Reston, Virginia (HDTRA1-19-D-0006), are each awarded indefinite-delivery/indefinite-quantity (ID/IQ) contracts. These contracts provide Defense Threat Reduction Agency (DTRA)-wide information technology support services for IT service design. The not-to-exceed aggregate ceiling for all contracts is $535,000,000, with the contractors having an opportunity to compete for individual orders. This is a five-year base contract with one five-year option period. The bids were solicited through the Federal Business Opportunities website, with five offers received. Work will be performed at Fort Belvoir, Virginia, however, DTRA maintains a global mission, and contractor personnel may be required to work at locations other than Fort Belvoir. Performance is expected to be completed March 2029. No funds are being obligated at time of ID/IQ award; funds will be obligated on individual orders as they are issued. Task Order 1 is being awarded to Leidos Inc. at $18,058,969 for IT solution engineering and systems test support. Task Order 2 is being awarded at $22,113,142 for knowledge management solutions and support. Task Orders 1 and 2 will have a one-year base and four one-year options. The contracting activity is the Defense Threat Reduction Agency, Fort Belvoir, Virginia.

AIR FORCE

Tapestry Solutions Inc., a Boeing Co., San Diego, California, has been awarded a not-to-exceed $259,000,000 indefinite-delivery/indefinite-quantity contract for Weapon Planning Software (WPS). This contract provides for the development, enhancement, and support of the WPS suite, which is a common component within the Joint Mission Planning System architecture. Work will be performed predominately in St. Louis, Missouri; and Niceville, Florida. Work is expected to be complete by February 2029. This award is the result of a competitive acquisition and two offers were received. Fiscal 2019 operations and maintenance funds in the amount of $355,878 are being obligated on an initial delivery order at the time of award. Air Force Life Cycle Management Center, Eglin Air Force Base, Florida, is the contracting activity (FA8681-19-D-0006).

Honeywell Aerospace, Phoenix, Arizona, has been awarded a not-to-exceed $150,000,000 indefinite-delivery/indefinite-quantity contract for Advanced Turbine Technologies for Affordable Mission (ATTAM)-Capability Phase I. The mission of the ATTAM Phase I program is to develop, demonstrate, and transition advanced turbine propulsion, power and thermal technologies that provides improvement in affordable mission capability. Work will be performed in Phoenix, Arizona, and is expected to be completed by Feb. 20, 2027. This award is the result of a competitive acquisition and 54 offers were received. Fiscal 2018 and 2019 research, development, test and evaluation funds in the amount of $340,000 are being obligated on the first task order at the time of award. Air Force Research Laboratory, Wright-Patterson Air Force Base, Ohio, is the contracting activity (FA8650-19-D-2058).

The Boeing Co., St. Louis, Missouri, has been awarded a not-to-exceed $24,100,000 undefinitized cost-plus-fixed-fee and firm-fixed-price modification (P00012) to previously awarded contract FA8634-17-C-2650 for F-15 Eagle Passive Active Warning Survivability System engineering and manufacturing development and initial operational test and evaluation. This modification provides for the procurement of hardware and systems engineering program management for the F-15E Operational Test and Evaluation jets. Work will be performed in St. Louis, Missouri, and is expected to be completed by June 1, 2021. Fiscal 2018 research, development, test and evaluation funds in the amount of $11,066,185 will be obligated at the time of award.

ARMY

Alliant Techsystems Operations LLC, Plymouth, Minnesota, was awarded a $173,679,405 modification (P00059) to contract (W15QKN-13-C-0074) for Precision Guidance Kit M1156. Work will be performed in Plymouth, Minnesota, with an estimated completion date of Nov. 14, 2022. Fiscal 2019 other procurement, Army funds in the amount of $173,679,405 were obligated at the time of the award. U.S. Army Contracting Command, New Jersey, is the contracting activity.

Great Lakes Environmental & Infrastructure,* Rocklin, California, was awarded a $34,974,509 firm-fixed-price contract for levee improvements. Bids were solicited via the internet with two received. Work will be performed in Sacramento, California, with an estimated completion date of Jan. 29, 2021. Fiscal 2018 and 2019 general construction; and Sutter Butte County flood control funds in the combined amount of $34,974,509 were obligated at the time of the award. U.S. Army Corps of Engineers, Sacramento, California, is the contracting activity (W91238-19-C-0008).

FourFront Design Inc.,* Rapid City, South Dakota (W9128F-19-D-0001); Calibre Engineering Inc.,* Highlands Ranch, Colorado (W9128F-19-D-0002); and Alliance Consulting Group Seven Generations,* Alexandria, Virginia (W9128F-19-D-0003), will compete for each order of the $20,000,000 firm-fixed-price contract for architect, engineer, analysis and design services. Bids were solicited via the internet with 18 received. Work locations and funding will be determined with each order, with an estimated completion date of Feb. 19, 2024. U.S. Army Corps of Engineers, Omaha, Nebraska, is the contracting activity.

General Dynamics Land Systems Inc., Sterling Heights, Michigan, was awarded a $16,513,206 modification (0005) to contract W56HZV-16-D-0060 for Stryker wholesale supply, performance-based, logistics services. One bid was solicited with one bid received. Work will be performed in Sterling Heights, Michigan, with an estimated completion date of Sept. 30, 2019. Fiscal 2018 and 2019 other procurement Army funds in the amount of $16,513,206 were obligated at the time of the award. U.S. Army Contracting Command, Warren, Michigan, is the contracting activity

Longbow LLC, Orlando, Florida, was awarded a $10,487,182 modification (P00075) to contract W31P4Q-16-C-0035 for Laser and Longbow HELLFIRE engineering services. Work will be performed in Orlando, Florida, with an estimated completion date of Feb. 20, 2020. Fiscal 2018 other procurement, Army funds in the amount of $10,487,182 were obligated at the time of the award. U.S Army Contracting Command, Redstone Arsenal, Alabama, is the contracting activity.

Great Lakes Dredge & Dock Company LLC, Oak Brook, Illinois, was awarded a $10,284,475 firm-fixed-price contract for maintenance dredging and lower harbor dredging. Bids were solicited via the internet with three received. Work will be performed in Charleston, South Carolina, with an estimated completion date of Oct. 29, 2021. Fiscal 2019 operations and maintenance, Army funds in the amount of $4,673,400 were obligated at the time of the award. U.S. Army Corps of Engineers, Charleston, South Carolina, is the contracting activity (W912HP-19-C-0001).

Alutiiq General Contractors LLC, Tacoma, Washington, was awarded a $10,149,245 modification (P00003) to contract W911S8-17-D-0007 for maintenance, repair and minor construction work on vehicle roadways and airfield paving projects at Joint Base Lewis-McChord, Washington. Work locations and funding will be determined with each order, with an estimated completion date of Feb. 28, 2020. U.S. Army Mission and Installation Contracting Command, Joint Base Lewis-McChord, Washington, is the contracting activity.

Mississippi State University, Mississippi State, Mississippi, was awarded a $7,200,000 cost contract for test and validation of emerging propulsion technologies for unmanned aircraft systems. Bids were solicited via the internet with one received. Work will be performed in Mississippi State, Mississippi, with an estimated completion date of Feb. 20, 2021. Fiscal 2018 research, development, test and evaluation funds in the amount of $7,200,000 were obligated at the time of the award. U.S. Army Contracting Command, Aberdeen Proving Ground, Maryland, is the contracting activity (W909MY-19-C-C002).

Skookum Educational Programs, Bremerton, Washington, was awarded a $7,132,509 modification (P00002) to contract (W911S8-18-D-0004) for regularly-scheduled custodial services to a multitude of federal facilities at Joint Base Lewis-McChord, Washington. Work locations and funding will be determined with each order, with an estimated completion date of Feb. 28, 2023. U.S. Army Mission and Installation Contracting Command, Joint Base Lewis-McChord, Washington, is the contracting activity.

NAVY

Harris Corp., Clifton, New Jersey, is being awarded a $168,801,314 modification (P00012) to a previously awarded firm-fixed-price contract (N00019-17-C-0090). This modification exercises an option for the procurement of 78 full-rate production Lot 16 Integrated Defensive Electronic Countermeasures AN/ALQ-214 A(V)4/5 Onboard Jammer systems for the F/A-18C/D/E/F aircraft for the Navy. In addition, the option provides for the procurement of 16 weapon replacement assembly (WRA) 1A(V)4 receiver/processors and 27 WRA2 A(V)4 modulators. Work will be performed in Clifton, New Jersey (59 percent); San Jose, California (14 percent); San Diego, California (7 percent); Rancho Cordova, California (5 percent); Mountain View, California (3 percent), and various locations throughout the continental U.S. (12 percent), and is expected to be completed in May 2022. Fiscal 2018 and 2019 aircraft procurement Navy funds in the amount of $168,801,314 are being obligated at time of award, none of which expire at the end of the current fiscal year. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity.

BAE Systems Technology Solutions & Services Inc., Rockville, Maryland, is awarded a $90,503,763 indefinite-delivery/indefinite-quantity contract for up to 1,008,710 man-hours of operational systems customization and engineering and technical services for implementation from concept through deployment of mobile deployable command, control, communications, computers, combat systems, intelligence, surveillance, and reconnaissance systems products. These systems are comprised of special operations forces and consequence management vehicles, small craft, transportable communication systems, enroute communication systems, and intra-platform systems. These services are in support of the Naval Air Warfare Center Aircraft Division's Special Communications Mission Solutions Division. Work will be performed in St. Inigoes, Maryland (42 percent); Little Creek, Virginia (42 percent); and Fayetteville, North Carolina (16 percent), and is expected to be completed in February 2024. No funds are being obligated at time of award; funds will be obligated on individual orders as they are issued. This contract was competitively procured via an electronic request for proposals; one offer was received. The Naval Air Warfare Center Aircraft Division, Patuxent River, Maryland, is the contracting activity (N00421-19-D-0033).

VT Halter Marine Inc., Pascagoula, Mississippi, is awarded a $39,808,087 modification to previously awarded firm-fixed-price contract N00024-18-C-2230 to exercise an option for the detail design and construction of an Auxiliary Personnel Lighter – Small (APL(S)). The initial contract was for the detail design and construction of the lead and second craft in the APL(S) 67 class; this option is for the first of four additional craft. The contract also includes options for associated support efforts related to the craft design and construction for deployment spare parts, crew familiarization, international delivery, and production-level technical data package including data rights. Work will be performed in Pascagoula, Mississippi (59 percent); the remaining 42 percent will be performed in the following areas: Mandeville, Louisiana; Metairie, Louisiana; Gautier, Mississippi; Billerica, Massachusetts; and Boca Raton, Florida; and is expected to be completed by November 2020. Fiscal 2019 shipbuilding and conversion (Navy) funding in the amount of $39,808,087 is being obligated at time of award and will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity.

Lockheed Martin Corp., Orlando, Florida, is awarded $33,373,999 for cost-plus-fixed-fee modification P00044 to a previously awarded cost-plus-incentive-fee contract (N00019-16-C-0035). This modification provides for the redesign, integration and test of radio frequency sensors as part of a cost reduction initiative in support of the Long Range Anti-Ship Missile. Work will be performed in Wayne, New Jersey (40 percent); Nashua, New Hampshire (40 percent); and Orlando, Florida (20 percent), and is expected to be completed in February 2021. Fiscal 2019 research, development, test and evaluation (Navy) funds in the amount of $16,687,000 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.

BAE Systems Jacksonville Ship Repair LLC, Jacksonville, Florida, is awarded a $23,249,314 cost-plus-award-fee contract for the accomplishment of post shakedown availability (PSA) for USS Thomas Hudner (DDG 116), with an option for the accomplishment of PSA for the future USS Paul Ignatius (DDG 117). The PSA encompasses all of the manpower, support services, material, non-standard equipment and associated technical data and documentation required to prepare for and accomplish the PSA. The work to be performed will include correction of government responsible trial card deficiencies, new work identified between custody transfer and the time of PSA, and incorporation of approved engineering changes that were not incorporated during the construction period which are not otherwise the building yard's responsibility under the ship construction contract. This contract includes options which, if exercised, would bring the cumulative value of this contract to $55,413,437. Work will be performed in Mayport, Florida, and is expected to be complete by May 2020 if all options are exercised. Fiscal 2019 and 2012 shipbuilding and conversion, (Navy) funding in the amount of $16,154,677 will be obligated at time of award. Fiscal 2012 shipbuilding and conversion, (Navy) funding in the amount of $3,727,786 will expire at the end of the current fiscal year. This contract was competitively procured via the Federal Business Opportunities website, with one offer received. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity (N00024-19-C-2317).

ACE Maintenance and Services Inc.,* Austin, Texas, is awarded a $17,558,315 modification under a previously awarded indefinite-delivery/indefinite-quantity contract (N40080-15-D-0305) to exercise Option Year Four for the janitorial services at Naval Support Activity Bethesda, Maryland. The work to be performed provides for all labor, management supervision, tools, materials and equipment required to base janitorial services. After award of this option/modification, the total cumulative contract value will be $79,798,015. Work will be performed in Bethesda, Maryland, and is expected to be completed February 2020. No funds will be obligated at time of award. Fiscal 2019 operations and maintenance (Navy and Army); working capital funds (Navy); and fiscal 2019 Defense Health Program funds in the amount of $17,558,315 for recurring work will be obligated on individual task orders issued during the option/extension period. The Naval Facilities Engineering Command, Washington, Washington, District of Columbia, is the contracting activity.

Harris Corp., Palm Bay, Florida, is awarded a $14,650,764 modification to a previously awarded firm-fixed price contract (N00039-14-C-0041) to exercise priced options for Commercial Broadband Satellite Program (CBSP) Unit Level Variant (ULV) hardware production units. The CBSP ULV provides terminal-to-shore, space and terrestrial connectivity to significantly increase throughput for commercial satellite communication and to provide redundancy for military satellite communications. This contract combines purchases for the Navy (93.2 percent); and the government of New Zealand (6.8 percent) under the Foreign Military Sales program. This contract includes options which, if exercised, would bring the cumulative value of this contract to an estimated $132,617,683. Work will be performed in Palm Bay, Florida, and is expected to be completed by July 2019. Fiscal 2019 other procurement (Navy); fiscal 2018 and 2019 shipbuilding and conversion (Navy); and Foreign Military Sales funds in the amount of $14,650,764 will be placed on contract and obligated at the time of award. Contract funds will not expire at the end of the current fiscal year. This contract was competitively procured through full and open competition via the Commerce Business Daily's Federal Business Opportunities website and the Space and Naval Warfare Systems Command e-Commerce Central website, with three offers received. The Space and Naval Warfare Systems Command, San Diego, California, is the contracting activity.

Konecranes Nuclear Equipment and Services LLC, New Berlin, Wisconsin, is awarded a $14,350,370 firm-fixed-price delivery order N6247019F4034 under a previously awarded single award indefinite-delivery requirements contract (N62470-16-D-2013) for procurement of one 25-ton portal crane at Puget Sound Naval Shipyard and Intermediate Maintenance Facility, Washington. The work to be performed provides for design, fabrication, assembly, delivery, installation, and testing of one 25-ton portal crane. The crane will be equipped with a rotating superstructure, luffing boom, main hoist and a single line whip hoist. The crane will be capable of simultaneous hoisting, slewing and luffing with rated load at rated speeds on curved tracks. Work will be performed in New Berlin, Wisconsin (90 percent); and Bremerton, Washington (10 percent), and is expected to be completed by March 2021. Fiscal 2019 other procurement (Navy) contract funds in the amount of $14,350,370 are obligated on this award and will not expire at the end of the current fiscal year. The Naval Facilities Engineering Command, Atlantic, Norfolk, Virginia, is the contracting activity.

Environmental Chemical Corp., Burlingame, California, is awarded a $13,327,995 firm-fixed-price modification to increase the maximum dollar value of an indefinite-delivery/indefinite-quantity contract (N62470-13-D-6020) for the hurricane recovery efforts at Marine Corps Base Camp Lejeune, North Carolina. The work to be performed provides for removal of damaged roofs and installation of new ice and water membrane, standing seam roof, gutters, downspouts, fascia, and soffits for 38 facilities. After award of this modification, the total cumulative contract value will be $20,427,995. Work will be performed in Jacksonville, North Carolina, and is expected to be completed by October 2019. Fiscal 2019 operations and maintenance, (Marine Corps) contract funds in the amount of $13,327,995 are obligated on this award and will expire at the end of the current fiscal year. The Naval Facilities Engineering Command, Mid-Atlantic, Norfolk, Virginia, is the contracting activity.

DEFENSE LOGISTICS AGENCY

Tennier Industries Inc.,* Delray Beach, Florida, has been awarded a maximum $30,493,800 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for extreme cold/wet weather jackets. This is an 18-month base contract with one, one-year option period. This was a competitive acquisition with seven responses received. Location of performance is Florida and Tennessee, with an Aug. 20, 2020, performance completion date. Using military services are Army and Air Force. Type of appropriation is fiscal 2019, through 2020 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-19-D-1136).

Dairy Foods, Springfield, Missouri, has been awarded a maximum $15,527,183 fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for fresh milk and dairy products. This was a competitive acquisition with two responses received. This is a three-year contract with no option periods. Locations of performance are Oklahoma, Missouri, and Kansas, with a March 19, 2022, performance completion date. Using military services are Air Force, Navy, and Army. Type of appropriation is fiscal 2019 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE300-19-D-V321).

UPDATE: M-B Companies Inc., New Holstein, Wisconsin (SPE8EC-19-D-0037), has been added as an awardee to the multiple-award contract for commercial snow removal equipment issued against solicitation (SPE8EC-17-R-0005) announced May 22, 2017.

MISSILE DEFENSE AGENCY

Lockheed Martin Rotary and Mission Systems, Moorestown, New Jersey, has been awarded a $14,000,000 cost-plus-incentive-fee modification (P00317) to a previously awarded contract HQ0276-10-C-0001. Under this modification, the contractor will perform efforts necessary to support Aegis Ballistic Missile Defense (BMD) capability insertion under Contract Line Item Number 0160 for the Aegis BMD Program Office. This modification increases the total cumulative face value of the contract from $2,936,754,846 to $2,950,754,846. Work will be performed in Moorestown, New Jersey, with an expected completion date of Oct. 31, 2019. Fiscal 2018 research, development, test, and evaluation funds in the amount of $4,928,481 are being obligated at the time of award. The Missile Defense Agency, Dahlgren, Virginia, is the contracting activity.

DEFENSE HEALTH AGENCY

LOUi Consulting Group Inc., Warner Robins, Georgia, was awarded a firm-fixed-price General Service Administration (GSA) task-order (HT0015-19-F-0034) off of GSA Federal Supply Schedule (GS-35F-437CA) on Feb. 8, 2019, for $7,157,444. The task-order provides Essentris support, a mission-critical comprehensive clinical documentation system that is deployed to a total of 36 Air Force, Navy and Army medical treatment facilities. As a fully deployed application, Essentris is in a sustainment mode and requires system support services such as system administrators and database analysts. Essentris is designed to maintain a complete record of patient encounters that deliver to Military Medicine the ability to provide enhanced quality and continuity of health care to the mobile population and clinical base. The Military Health Program's electronic health record was implemented in response to the President's Executive Order 13335 of April 27, 2004. The period of performance is Feb. 28, 2019, to Dec. 27, 2020. Work is being performed in Falls Church, Virginia, and San Antonio, Texas. The contract was procured on a competitive basis. The Health Information Technology Contracting Division is the contracting activity. Fiscal 2019 operations and maintenance funds are obligated for this contract. The Defense Health Agency, Falls Church, Virginia, is the contracting activity.

* Small business

https://dod.defense.gov/News/Contracts/Contract-View/Article/1763812/

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    Army releases $1B cyber training request

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

    2 décembre 2019 | International, Terrestre

    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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