“Cooperative research and development agreements (CRADAs) should be used whenever possible to expand capabili- ties for R&D and to transfer technology developed jointly or independently to enhance both defense capabilities and the civilian economy.” With the help of legal counsel and stakeholder alignment, we developed a notional strategy using the CRADA approach and presented it to the deputy assistant secretary of the Army for defense exports and cooperation, HQDA G-4, PEO Ammunition, Joint Muni- tions Command’s Security Assistance Management Directorate, the U.S. Army Materiel Command and RDECOM for their concurrence.
Under the proposed CRADA approach between industry and ARDEC, a U.S. defense contractor could submit a request for government support in an upcoming foreign competition and request a letter of intent (LOI). Tis government LOI documents the terms, conditions and level of government engineering sup- port that would be provided under the CRADA for this opportunity. Under these terms, the government would pro- vide the technical data (such as drawings and quality documents) required for pro- duction as well as the engineering and configuration management expertise to modify existing U.S. designs to meet local foreign requirements (such as mark- ing and packaging).
Under this approach, the government always maintains configuration control, thus protecting its valuable IPR and maintaining interoperability with allied and friendly nations. Further, in coordi- nating the LOI with other government agencies, the foreign interests of the U.S. government are preserved. With the LOI in hand, a defense contractor is, in most cases, able to respond to a foreign com- petition. Following a successful LOI, the
work of implementing a CRADA to sup- port the foreign opportunity can begin, typically in parallel with proposal sub- mittal. Under some circumstances, U.S. defense contractors can also request an advanced copy of the technical data with the LOI when it is required to generate a proposal. Under the terms of the LOI, the defense contractor must still comply with all International Traffic in Arms Regulations.
CONDITIONS FOR DOING BUSINESS One of the major conditions of this approach is that the government will con- sider a DCS opportunity with industry only when FMS is not a viable option; for example, if the country chooses to request a DCS approach over FMS because of an urgent need or other internal preference. Te purpose of this approach is not to eliminate or reduce the use of the exist- ing FMS process, but to complement the FMS approach by providing additional opportunities for the U.S. industrial base.
Te second major condition is that the government will only support industry partners that bid on DCS opportunities who have an LOI and CRADA mecha- nism available during the bidding process. Tis allows the appropriate government authorities to review the prospective bid opportunities and determine compliance with U.S. strategic industrial objectives prior to issuing the LOI.
PILOT PROGRAM LEADS TO TWO WINS With the support of the process stake- holders, we executed a pilot program to demonstrate this approach, measure its success and better understand potential improvements. Two applicable opportu- nities were selected. One of these was an RFQ for an artillery propellant charge for firing a 155 mm round from an M777
TARGETING A NEW APPROACH The FMS system often moves too slowly for the rapid response requested by countries looking to acquire defense items, boxing U.S. industry out of valuable business opportuni- ties. CRADAs and government assurances to provide required technical data open these opportunities back up. (Photo courtesy of PEO Ammunition)
howitzer, and the second was an RFP for a 120 mm mortar cartridge. Tese two opportunities provided a good basis for evaluation and fit neatly within the defi- nition of applicable programs: Both are in production for DOD customers, so the DCS order can be added to the ongo- ing efforts.
Te government generated an LOI along with the required level of engineering sup- port and legal language (such as on limits of liability and government IP assertion). Te CRADA allowed the government to be funded for providing technical sup- port and access to technical data, and the license agreement that was signed with each CRADA allowed the govern- ment to receive some financial return on
ASC.ARMY.MIL 29
ACQUISITION
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