NOTICE OF INTENT/SPECIAL NOTICE APACHE FIRE CONTROL RADAR - FOREIGN MILITARY SALES, COMMONWEALTH OF AUSTRALIA (COA)

The United States Army Contracting Command - Redstone Arsenal (ACC-RSA), Alabama, intends to modify an existing contract/delivery order to acquire production hardware for the Apache AH-64 Helicopter, on an other than full and open competitive basis to support a foreign military sales (FMS) customer. This acquisition is on behalf of the Program Executive Office (PEO) Aviation, for the International Apache Project Manager's Office (PMO), FMS for AH-64 Apache Fire Control Radar (FCR), spares, Peculiar Ground Support (PGSE), packaging, handling, shipping and transportation (PHS&T), bench stock, depot lay-in and field spares, and full rate production (FRP) deliveries of the Radar Electronic Units (REU), Mast Mounted Assembly (MMA) and Hot Mock-up for Special Repair Activity. The FCR consists of the REU and MMA. The ACC-RSA intends to solicit, negotiate, and award a change to contract number W52P1J-16-D-0055, delivery order (DO) W58RGZ-20-F-0464, to add additional work in support of the FMS customer Commonwealth of Australia (COA). Contract is a sole source indefinite delivery / indefinite quantity (IDIQ) contract with Longbow Limited Liability Company (LBL), awarded under the authority of Title 10 United States Code (U.S.C) 2304(c) (1), as implemented by FAR Part 6.302-1(a)(2)(ii)(A) and (B) - - Only one responsible source and no other supplies or services will satisfy agency requirements. In accordance with Title 10 U.S.C. 2304(c)(4), as implemented by FAR Part 6.302-4(a)(2), full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government. This authority may be used in circumstances such as when a contemplated acquisition is to be reimbursed by a foreign country that requires that the product be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance, which is the case of the procurement in support of FMS customer COA. Reference FMS Case number AT-B-ULV, lines 016 through 021. LBL was awarded DO W52P1J-16-D-0055/W58RGZ-20-F-0464 on 03 September 2020, for the Apache FCR supplies and services identified in the Statement of Work (SOW) and under the terms and conditions of the basic IDIQ contract W52P1J-16-D-0055. The DO period of performance is ongoing and supports multiple FMS customers, as well as the USG FCR requirements. However, since the time of award of the DO the pre-negotiated/established prices in the basic IDIQ contract have expired and no pre-negotiated prices currently exist to support this add-on work. Thus, it is necessary to solicit and negotiate new pricing for the hardware and services above mentioned in order to award this change to LBL. Failure to award this modification will prevent the US Government from meeting the obligations of its International Agreements. LBL will provide supplies and services for the AH-64 production requirements of the FCR, made up of the REU and MMA, in support of Apache FMS. Responses: All responses, inquiries or information should be submitted no later than 3:00 p.m. CST on 21 September 2022 to the Contract Specialist, Hunter Hall, at john.h.hall178.civ@army.mil and the Contracting Officer, Neisha M. Mendiola, at neisha.m.mendiola.civ@army.mil. Disclaimer: This Notice of Intent is not a formal solicitation or a request for competitive proposals. No solicitation document is available and telephone requests will not be honored. No award will be made on the basis of unsolicited quotations or offers received in response to this Notice. Any response to this notice must show clear, compelling, and convincing evidence that a competition will be advantageous to the Government. The intent of this notice is for informational purposes only. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. A determination by the Government not to compete this action based on this notice is solely within the discretion of the U.S. Government. No reimbursement for any cost connected with providing capability information will be provided.