The Next Generation Combat Vehicle ( NGCV ) is a United States Army program intended to procure a variety of armored vehicles to add new capabilities to Army units and replace existing platforms that are nearing the end of their service life. The program covers the following systems:
126-416: The project began in 2017 after the previous Ground Combat Vehicle program was canceled. The deadline of the projects is expected to be 2035. Multiple groups competed for the bid. The Army gave the contract to a six member consortium - Lockheed Martin , SAIC , GS Engineering, Inc., Moog Inc. , Hodges Transportation Inc. and Roush Industries. The Armored Multi-Purpose Vehicle (AMPV) is the replacement for
252-455: A 20 percent margin for weight increase the Army had planned for future upgrades would bring it up to 84 tons. General Dynamic's vehicle with a diesel engine weighed 62 tons in its most heavily armored configuration, which increased to 76 tons with the 20 percent future upgrade margin. Removing protection for easier air transportation would have reduced it to 56 tons. The Army's consideration to slow down
378-467: A contract with one another (i.e., commercial contracts) have more freedom to establish a broad range of contract terms by mutual consent compared to a private party entering into a contract with the Federal Government. Each private party represents its own interests and can obligate itself in any lawful manner. Federal Government contracts allow for the creation of contract terms by mutual consent of
504-552: A decision by the Army to replace the GCV with the AMPV as their number one ground combat vehicle acquisition priority. An October 2013 Congressional Budget Office report found that $ 16 billion could be saved over the next 13 years if the GCV were canceled in favor of Bradley upgrades. By mid-November 2013, both BAE and General Dynamics designs had passed Preliminary Design Reviews (PDR), but neither company had commenced building prototypes. The Army
630-454: A different purpose, according to the Purpose Act ( 31 U.S.C. § 1301 ). The annual DoD appropriations acts include approximately 100 different appropriations (known as "colors of money"), and by this rule operations and maintenance (O&M) funds may not be used to buy weapons. Even an expenditure within the apparent scope of one appropriation may not be permissible if there is
756-475: A few unique statutes which apply. In federal government contracting, the specific regulatory authority is required for the Government's agent to enter into the contract, and that agent's bargaining authority is strictly controlled by statutes and regulations reflecting national policy choices and prudential limitations on the right of federal employees to obligate federal funds. By contrast, in commercial contracting,
882-587: A lighter, more transportable force. He called for a mid-weight unit that would strike a balance between heavy armor and infantry. Shinseki said such a unit would be geared toward for operations short of war . The Army was to do this by investing in an interim fleet that would herald the way to a much more advanced subsequent generation of vehicles. The Army initiated the Interim Armored Vehicle program that year. The resulting Stryker wheeled combat vehicle family entered service in 2002. The Army initiated
1008-526: A manner consistent with ... international obligations". Some agreements allow overseas suppliers to access government procurement markets and provide for reciprocal rights for US suppliers to access foreign government contracting opportunities. President Donald Trump 's Executive Order 13788 (18 April 2017) provided for a review of such agreements so as to identify whether any could be considered to undermine US interests. In regard to states' procurement, an example of support for overseas suppliers' market access
1134-574: A more specific appropriation or the agency has made a previous funds election contrary to the proposed use of funds. For example, O&M fund can be used for purchasing repair parts , but if the parts are required to effect a major service life extension that is no longer repair but replacement – procurement funds must be used if the total cost is more than $ 250,000 (otherwise known as the Other Procurement threshold, for example, Other Procurement Army (OPA) threshold) or another procurement appropriation
1260-511: A next-generation armored fighting vehicle . The first variant of the GCV to be developed would be an infantry fighting vehicle to replace the M2 Bradley . The program was intended to provide increased protection and firepower for ground troops, with a focus on improved crew survivability. The Army planned on acquiring 1,874 GCV infantry fighting vehicles to replace Bradleys in 16 active and 8 National Guard Heavy Brigade Combat Teams . In 2011,
1386-580: A planning exercise in advance of procurement commencing. Acquisition planning is described in FAR Part 7, Acquisition Planning , and in agency supplements to the FAR, for example, Defense FAR Supplement (DFARS) 207, Acquisition Planning and the US Army's supplementary regulation, AFARS Part 7, Acquisition Planning. Acquisition planning is frequently dependent on the circumstances. For example, during World War II , quantity
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#17328449475921512-452: A revised analysis of alternatives and an analysis of non-developmental vehicles. In August, the Army awarded technology development contracts to BAE and GDLS. BAE was awarded $ 450 million while GDLS was awarded $ 440 million. SAIC protest the award later that month, saying it believed the evaluations process was flawed and the evaluation took factors into consideration that were not stated in the request for proposal. The Army suspended work on
1638-459: A specific exemption. The net result of this rule is funds expire after the end date for which Congress has specified their availability. For example, a single-year fund expires on 1 October of the year following their appropriation (i.e., FY07 appropriations. (for example, 1 October 2006 through 30 September 2007) expire on 1 October 2007). For example, operations and maintenance funds generally cannot be used to purchase supplies after 30 September of
1764-568: A specific warrant which states the conditions under which they are permitted to engage in Federal contracting as an agent of the Government. The authority of a Contracting Officer to contract on behalf of the Government is set forth in a public document (a certificate of appointment, formerly called a "warrant") which a person dealing with the Contracting Officer can review. The CO does not have authority to act outside this warrant or to deviate from
1890-416: A team was formed to expedite the GCV's seven-year development time. For fiscal year 2011, the U.S. Army sought to spend $ 934 million of the $ 2.5 billion allocated for BCT Modernization to develop the GCV. Up to three competitive contracts were to be awarded by early fall. A prototype development contract decision would have followed by 2013. The Technology Development Phase (or Milestone A) would begin in
2016-566: A variant of the Lynx KF41 . General Dynamics Land Systems offered a variant of the Griffin III . Both Raytheon-Rheinmetall and GDLS were disqualified, leaving no other competitors. The Army decided to restart the program with less-stringent guidelines. In July 2021, the Army awarded contracts to five teams: Point Blank Enterprises, Oshkosh Defense , BAE Systems , General Dynamics Land Systems and American Rheinmetall Vehicles. The total value of
2142-437: A workers, because the tasks involved military secrets and supervisors were not permitted to know the secrets. If a supervisor asked the worker what he or she were doing, they would reply "it's government work", or it's a "G-job". Some workers took advantage of military secrecy by doing personal work while on the job and falsely claiming they were doing a G-job. After the war, "G-job" became slang for doing personal work while on
2268-496: Is about Congressional oversight of the Executive Branch, not principally toward getting the mission accomplished nor getting a good deal for the Government. Fiscal law frequently prevents government agencies from signing agreements that commercial entities would sign. Therefore, fiscal law can constrain a federal agency from the quickest, easiest, or cheapest way to accomplish its mission. This constitutionally mandated oversight of
2394-474: Is available such as the armored vehicle or weapons appropriation. An Antideficiency Act violation can also occur when a contract uses funds in a period that falls outside of the time period the funds are authorized for use under what is known as the Bona Fide Needs rule (31 USC 1502), which provides: "The balance of a fixed-term appropriation is available only for payment of expenses properly incurred during
2520-616: Is commonly called the Federal Acquisition Regulation ("FAR"). The remaining chapters of Title 48 are supplements to the FAR for specific agencies. The process for promulgating regulations including the Federal Acquisition Regulation (FAR) includes publication of proposed rules in the Federal Register and receipt of comments from the public before issuing the regulation. Courts treat the FAR as having
2646-581: Is currently named the Future Fighting Vehicle (FFV). At the time of the GCV's cancelation, it was thought that the Army might direct some funds for technology development so that it could start another program within "three to four years." In August 2014 GDLS and BAE Systems Land and Armaments were awarded $ 7.9 million each to develop technologies from the GCV program for the Future Fighting Vehicle (FFV) program. Citing budget constraints, in August 2015,
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#17328449475922772-746: Is governed primarily by the Armed Services Procurement Act and the Federal Property and Administrative Services Act . To address the many rules imposed by Congress and the courts, a body of administrative law has been developed through the Federal Acquisition Regulation . This 53-part regulation defines the procurement process, including special preference programs, and includes the specific language of many clauses mandated for inclusion within Government contracts. Most agencies also have supplemental regulatory coverage contained in what are known as FAR Supplements. These supplements appear within
2898-524: Is guided by the Adaptive Acquisition Framework which can be used for acquiring products, services, and software on anything from an "Urgent Needs" basis to a Middle Tier of Acquisition to a Major Capability Acquisition. These procurement needs may are filled by acquisition programs, one of which is a Program of Record. The GAO raised concerns in 2011 regarding urgent needs' complex and uncoordinated acquisition processes, noting that Over
3024-423: Is necessary to emphasize competition and understand the acquisition from the view point of the contractor; Government acquisition commands should ask what is to be achieved and whether or not the program is really in the best interest of the Government, specifying needs in a manner designed to achieve full and open competition and including restrictive requirements "only to the extent that they are necessary to satisfy
3150-411: Is necessary to ensure a command that essentially trades or sells items, frequently information technology (IT) equipment, can retain the receipts from the trade-in or sale and apply them to the acquisition of replacement items. Generally, federal acquisitions begin with identification of a requirement by a specific Federal activity. A basic idea of what is needed and the problem statement are prepared and
3276-457: Is presumed to know the scope of the Contracting Officer's authority and cannot rely on any action of Contracting Officers when it exceeds their authority. Contracting Officers are assisted in their duties by Contracting Officer Representatives (CORs) and Contracting Officer Technical Representatives (COTRs), who usually do not have the authority of a Contracting Officer. The Contracting Officer and internal departments/end users ideally undertake
3402-569: Is recorded in the Future Year's Defense Program (FYDP) or can be updated from the previous year's FYDP. Prime government contractors bid to secure contracts to fulfill these Programs of Record. The term "Program of Record" originates from these programs being recorded in the budget as "line item record[s]", hence the name. However, not all procurement programs are programs of record. For example, acquisition programs made on an "Urgent Needs" basis are not considered Programs of Record as they lack some of
3528-708: Is the Army's replacement for the M2 Bradley . In June 2018, the Army established the Next Generation Combat Vehicle (NGCV) program to replace the M2 Bradley. In October 2018, the program was re-designated as the Optionally Manned Fighting Vehicle (OMFV). The NGCV program was expanded as a portfolio of next-generation vehicles including tanks and the Bradley-based Armored Multi-Purpose Vehicle . In March 2019,
3654-583: The Code of Federal Regulations (CFR) volumes of the respective agencies. For example, the Department of Defense (DOD) FAR Supplement can be found at 10 CFR. Government contracts are governed by federal common law , a body of law which is separate and distinct from the bodies of law applying to most businesses—the Uniform Commercial Code (UCC) and the general law of contracts. The UCC applies to contracts for
3780-671: The Future Combat Systems (FCS) Manned Ground Vehicles (MGV) effort to utilize on the GCV. The GCV was required to have better protection than any vehicle in the military's inventory. Army General Peter W. Chiarelli said that the "four main fundamentals" of the vehicle were: The ability to carry 12 soldiers and operate in all forms of combat; have significant protection; and deliver the first production vehicle by 2018. The IFV would be modular and networked and offer improved survivability, mobility, and power management functions. The GCV family would use technologies pioneered with
3906-644: The Future Combat Systems (FCS) program in 2000. The combat vehicle component of FCS was the Manned Ground Vehicles program, a family of eight vehicles including an IFV. By substituting active protection systems for armor, the Army sought to reduce the weight of a Manned Ground Vehicle to 20 tons, with transportability by C-130 being the limiting factor. This weight requirement proved difficult to meet. Weight at full combat capability (FCC) had risen to 27 tons by January 2007. Secretary of Defense Robert Gates announced his intention of halting funding for
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4032-626: The M113 . In 2014, the Army selected BAE Systems ' proposal of a turretless variant of the Bradley Fighting Vehicle . As of 2015 the program was scheduled to deliver 2,897 AMPVs in five variants. Mobile Protected Firepower is a fire support vehicle. It is similar to the M8 Armored Gun System program canceled in 1996, or the M1128 mobile gun system being retired in 2022. In November 2019,
4158-705: The M2A3 Bradley II, a modernized Stryker, an M2A3 Bradley variant used in Iraq, and a XM1230 Caiman Plus MRAP. The five secondary vehicles included two unnamed foreign-made platforms, the M1126 Stryker IFV, the M1A2 SEP TUSK Abrams main battle tank , and a modernized M1 Abrams. Vehicles included the AOA were determined to be inferior to the planned GCV. In August 2010 the Army retracted its request for proposals after
4284-602: The Secretary of the Air Force or the Administrator, National Aeronautics and Space Administration . Agency heads delegate their authority to Contracting Officers, who either hold their authority by virtue of their position or must be appointed in accordance with procedures set forth in the Federal Acquisition Regulation. Only Contracting Officers may sign Government contracts on behalf of the Government. A Contracting Officer has only
4410-438: The U.S. Constitution , which defines its powers. The Federal Government acts through legislation , treaties, implementing regulations , and the exercise of those authorities. The Federal Government's power to contract is not set forth expressly and specifically in the U.S. Constitution, but Article 6 appears to assume the continued vitality of "Engagements" entered into under the preceding Articles of Confederation . Moreover,
4536-429: The "force and effect of law", and Contracting Officers do not have the authority to deviate from it. Supplements to the FAR have been issued following the same process, and have the same force and effect. The FAR and its supplements permit a substantial variation from the purchases of paperclips to battleships. The Contracting Officer and the contractor must seek to achieve their sometimes conflicting goals while following
4662-455: The Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act, may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in such cases in whole or in part payment for the property acquired". The Federal Property and Administrative Services Act of 1949 gives agencies general authority to sell federal personal property and use
4788-480: The Army combat vehicle fleet, the Army had programmed 80 percent of its combat vehicle modernization budget for the GCV over the next five years. The Army revised the GCV acquisition strategy in January 2013 to reduce risk and maintain affordability of the program. The revision extended the technology development phase by six months to give industry more time to refine vehicle designs. Milestone B would occur in 2014, with
4914-593: The Army delayed the FFV's acquisition decision from FY2021 to FY2029. The Army said it was choosing to instead work on short-term capability gaps. In June 2018, the Army established what would become the Optionally Manned Fighting Vehicle (OMFV) program to replace the M2 Bradley. In June 2023, the Army downselected American Rheinmetall and GDLS to go forward in the competition for the OMFV contract, now designated
5040-627: The Army designated the Mobile Protected Firepower combat vehicle as the M10 Booker after Private Robert D. Booker , who was killed in the North African campaign during World War II , and Staff Sergeant Stevon Booker, who was a tank commander during the Battle of Baghdad . The XM30 Mechanized Infantry Combat Vehicle (MICV), formerly known as the Optionally Manned Fighting Vehicle (OMFV)
5166-456: The Army established what came to be known as the Optionally Manned Fighting Vehicle program, the modern successor to the GCV infantry fighting vehicle effort. The U.S. Army 's M2 Bradley infantry fighting vehicle entered service in 1983. Although production ended in 1995, it was upgraded numerous times over the years. The U.S. Army's efforts to develop a successor to the Bradley began in
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5292-590: The Army for Milestone B. The non-developmental vehicle analysis assessed five vehicles, the M2A3 Bradley , Namer , CV-9035 , a double v-hulled M1126 infantry carrier vehicle and a turretless Bradley. The tests, completed that month, were carried out to determine what vehicle variants and configurations fulfill the Army's needs. The Army found that although the vehicles assessed met some GCV requirements, no currently fielded vehicle met enough without needing significant redesign. There were three competing contractors for
5418-405: The Army had requested $ 592 million for the program for FY2014. The Army planned to spend 80 percent of its ground vehicle modernization budget on the GCV over the next five years, with costs ranging from $ 29–34 billion. Several options were being considered to make the program more affordable, including reducing the squad size from nine men and using new emerging and undeveloped technologies to reduce
5544-418: The Army released a request for proposals for the OMFV. The Army said the OMFV will be designed "to engage in close combat and deliver decisive lethality during the execution of combined arms maneuver," and will have a 30mm cannon and a second-generation forward looking infrared system, or FLIR. Testing of the vehicle is expected to begin in 2020. A joint venture between Raytheon and Rheinmetall offered
5670-691: The Army released a request for proposals for the Mobile Protected Firepower . In December 2018, the Army downselected BAE Systems ' and General Dynamics Land Systems ' proposals to move forward. BAE offered a vehicle based on the M8 Armored Gun System . GDLS offered a variant of the Griffin II . On June 28, 2022, the Army selected the GDLS Griffin II light tank as the winner of the MPF program, with an initial contract for 96 vehicles. In June 2023,
5796-434: The Army selected BAE Systems and General Dynamics Land Systems to move forward with the GCV program. The program faced significant challenges from the start, including limited funding and concerns about the weight of the vehicle. The GCV was designed to be heavily armored and to transport a fully equipped squad of nine soldiers, something the Bradley could not do. This requirement necessitated adding significant weight to
5922-461: The Army spent over $ 1 billion on the GCV. Although there was criticism that vehicle weight could not be kept at a reasonable level while meeting its size and power requirements, the Army maintains the official reason for the cancellation was budgetary pressures. BAE Systems and General Dynamics will each receive $ 50 million in FY 2015 to continue technology development. The next follow-up IFV development program
6048-453: The Army wanted 1,894 Ground Combat Vehicles with a target price of $ 9–10.5 million per unit, the Pentagon's Office of Cost Assessment and Program Evaluation estimated a unit cost of up to $ 17 million. The 83 percent cut in funding essentially scaled back the GCV program to a research effort. The program had declined in support over the past months with the Army determining that the desired vehicle
6174-449: The Army's goal of $ 13 million per vehicle. However, Pentagon cost assessments estimated the price at $ 16–$ 17 million per vehicle. In July 2013, Army Chief of Staff General Ray Odierno warned that the GCV program might be delayed or possibly even cancelled because of the sequestration budget cuts. In August 2013, Defense Secretary Chuck Hagel outlined two basic results if the effects of sequestration continued: modernization programs like
6300-551: The Army, as well as the Marine Corps, to deliver "realistic" visions for vehicle modernization by the end of FY 2014. The cancellation of the GCV is the second time in 15 years an Army program to replace the Bradley has failed. FCS ran from 1999 to 2009, with the Manned Ground Vehicles portion for replacing several armored vehicle classes costing "hundreds of millions" of dollars out of $ 20 billion total. From 2010 to 2014,
6426-502: The Bradley, Abrams, Stryker, and M109 Paladin . Vehicles like the Bradley and Abrams have been upgraded since the 1980s with new armor, sensors, and other gear that have maxed out the platforms for further horsepower and electrical advances, so the requirement for an entirely new ground combat vehicle built from the outset from lessons learned in combat from the previous decade remains. The Army's own budget proposal unveiled in March discontinued
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#17328449475926552-619: The FCS in April 2009. In May, Army and Department of Defense representatives outlined plans for the cancellation of Future Combat Systems and the initiation of the Ground Combat Vehicle program in its place. In June 2009, a blue-ribbon panel met in Washington D.C. to determine the requirements for the Ground Combat Vehicle. It was concluded at this meeting that an infantry fighting vehicle (IFV)
6678-545: The GAO Redbook at http://www.gao.gov/legal.htm ) has a detailed discussion of these fiscal law rules which directly impact on the ability of a Federal agency to contract with the private sector. The Procurement Integrity Act (PIA), introduced after a three-year FBI investigation launched in 1986 known as " Operation Ill Wind ", applies to persons who engage in federal source selections and includes prohibitions on gifts being given to source selection personnel, restrictions on
6804-467: The GAO notes that, allowing agencies "broad discretion", choices made by awarding agencies about the appropriate corrective action will generally be recognised, as long as they are appropriate to the concern being addressed. If there is found to be no impropriety in the agency's award decision or any impropriety is found not to have been prejudicial to the companies submitting bids, the GAO is more likely to question
6930-725: The GCV development program gave time to the companies to refine their designs and reduce weight. One way would have been to reduce squad size. A nine-man squad has been identified as best for being able to fight with the possibility of taking casualties with single-vehicle transportability. With a three-man crew, the GCV had to carry 12 men. A greater number of lighter IFVs that carry fewer soldiers would have similar carrying capacity and combined costs and weight to planned GCV numbers. Another way would be an advance in armor designs. Lighter and stronger armor materials had not made radical progressions in recent history, and domestic active protection intercept systems were not yet mature. Foreign systems like
7056-711: The GCV until December, when the Government Accountability Office denied SAIC's protest. The Army requested $ 884 million to fund the GCV in FY 2012. The technology development phase was to be a 24 months long, 3 months shorter than the previous plan. The Engineering and Manufacturing Development phase was to be 48 months long. The Army planned on acquiring 1,874 GCVs to replace Bradleys in 16 active and 8 National Guard Heavy Brigade Combat Teams . Testing of commercially available combat vehicles began in May 2012 at Fort Bliss and White Sands Missile Range to prepare
7182-440: The GCV until after 2015. The Technology Development Phase was to begin with the award of up to three vehicle contracts in late FY2010. The Army planned to spend $ 7.6 billion during this phase. The Engineering and Manufacturing Development Phase was to begin with two prototype development contracts awarded in the beginning of FY2013. The first prototypes would be manufactured mid-FY2015. The Low Rate Initial Production Phase
7308-507: The GCV would be cut to maintain troop levels, or high-end capability efforts like the GCV would be preserved to continue modernization and keep equipment technologically advanced with troop levels being cut. Odierno was committed to balancing soldiers, readiness, and modernization, and was intent on the need for the Ground Combat Vehicle. Some reports suggested that the Armored Multi-Purpose Vehicle (AMPV) program to replace
7434-446: The GCV's capabilities as lower than all others. The Army questioned the suitability of existing design. An Army test of currently fielded vehicles in 2012 revealed that some met critical GCV requirements, but none met enough without needing significant redesign. They also note that lethality was judged with a 25 mm cannon for analysis, before the Army planned to mount a 30 mm cannon. The CBO report did give credit to cost, assuming
7560-676: The GCV's weight, depending on armor packages, put the General Dynamics entry vehicle at 64–70 tons, and the BAE Systems entry vehicle at 70–84 tons. This made the planned infantry fighting vehicle designs heavier than the M1 Abrams tank. The reason was the vehicle had to have enough armor to protect a squad of nine troops from all battlefield threats (from rocket-propelled grenades to IEDs ) as good as or better than other vehicles can protect against specific threats individually. This worked against
7686-525: The GCV. A required review was held and passed in February 2010 in Washington. The GCV request for proposals (RFP) was issued in February 2010. It was revealed in the RfP that the GCV would be a cost-plus contract . By the May deadline, four proposals were submitted. In July, management of the GCV was transferred from PEO Integration to PEO Ground Combat Systems with Andrew DiMarco as project manager . In May,
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#17328449475927812-436: The Government and its contractors ("prime contracts") are governed by federal common law. Contracts between the prime contractor and its subcontractors are governed by the contract law of the respective states. Differences between those legal frameworks can put pressure on a prime contractor. The authority to purchase is not one of the explicitly enumerated powers given to the Federal Government by Section 8 of Article One of
7938-566: The Government from receiving gratuitous services without explicit statutory authority. In particular, an ADA violation occurs when a Federal agency uses appropriated funds for a different purpose than is specified in the appropriations act which provided the funds to the agency. The ADA is directly connected to several other fiscal laws, namely the Purpose Act and the Bona Fide Needs Rule. Money appropriated for one purpose cannot be used for
8064-511: The Ground Combat Vehicle contract. A Milestone C decision could have been made in 2019. In December 2012, it was reported that the Army may need to cut $ 150 million from the GCV program in 2014, with deeper cuts between $ 600–700 million between 2014 and 2018. This put the program, one of the Army's highest priorities, at serious risk. With the drawdown of the War in Afghanistan and budgetary concerns,
8190-520: The Ground Combat Vehicle program, criticized the CBO report, saying they used the wrong vehicle in its analysis. Officials from both companies said they used the wrong notional model of the GCV that did not account for the change in requirements made by the Army or the advancements made in the technology development phase of the program. They also criticized the comparisons of the other vehicles. The report factored cost, survivability, mobility, and lethality, ranking
8316-575: The IFV lead vehicle effort. The Army's GCV requirements were left somewhat open-ended. The GCV was to be networked and offer improved survivability. Elements of the Manned Ground Vehicles program were provided—such as the armor matrix—were provided to contractors to be utilized in design proposals for the GCV. Program of Record In the United States , the processes of government procurement enable federal , state and local government bodies in
8442-497: The Israeli Trophy had seen combat but cannot yet intercept tank shells. The GCV program originally included an APS, but was then delayed as a feature for later upgrades. The last effort to replace the Bradley had been FCS from 2003 to 2009, which developed a vehicle that relied on sensors to avoid danger and an APS in place of heavy armor. It was too ambitious for the time and the vehicle's weight had grown from 19 tons to 30 tons by
8568-451: The M113 family of vehicles was being favored over the GCV program. While procurement of the AMPV fleet would cost over $ 5 billion, the Government Accountability Office estimated the GCV fleet would cost $ 37 billion. A September 2013 Congressional Research Service report suggested that given budgetary constraints, the GCV program may be unrealistic, and that one potential discussion could focus on
8694-569: The RCV-Medium weighs between 10 and 20 tons, and the RCV-H weighs more than 20 and less than 30 tons. In January 2020, the Army awarded contracts to Qinetiq and Textron . Qinetiq will build four RCV-Ls, and Textron will build four RCV-Ms . Ground Combat Vehicle The Ground Combat Vehicle ( GCV ) was a program initiated by the United States Army in 2009, with the goal of developing
8820-527: The RfP was released. The Army delivered an analysis of alternatives to Congress in April 2011. The notional GCV fared well compared to comparable vehicles including the Stryker and foreign counterparts such as the Israeli Namer and German Puma . An acquisition decision memorandum in August 2011 allowed the program to award technology development contracts. It also initiated two reviews of alternatives including
8946-548: The US Federal Government spent $ 597bn on contracts. The Obama administration measured spend at over $ 500bn in 2008, double the spend level of 2001. Other estimates suggest spend was $ 442bn in fiscal year 2015 and $ 461bn in 2016. Federal Procurement Reports provide contract data which may be used for geographical, market, and socio-economic analysis, as well as for measuring and assessing the impact of acquisition policy and management improvements. In fiscal year 2010,
9072-586: The United States Constitution , but courts found that power implicit in the constitutional power to make laws that are necessary and proper for executing its specifically granted powers, such as the powers to establish post offices , post roads , banks , an army, a navy, or militias. Behind any federal government acquisition is legislation that permits it and provided money for it. These are normally covered in authorization and appropriation legislation. Generally, this legislation does not affect
9198-712: The XM30 Mechanized Infantry Combat Vehicle. Following the cancelation of the Future Combat Systems family the Army assessed that a new infantry fighting vehicle (IFV) would be its first priority with the GCV program. The Army determined that it would reset the M1 Abrams main battle tank , the M2 Bradley IFV and the M109 Paladin self-propelled howitzer in the meantime while the GCV was undergoing development. The GCV could later serve as
9324-625: The acquisition process itself, although the appropriation process has been used to amend procurement laws, notably with the Federal Acquisition Reform Act (FARA) and the Federal Acquisitions Streamlining Act (FASA). Other relevant laws include the Federal Property and Administrative Services Act of 1949 , the Armed Services Procurement Act ( ASPA ) and the Antideficiency Act . U.S. Federal fiscal law
9450-458: The agency's legitimate needs". Where contracting officers recognise that acquisition documents have not been well formulated or are not suitable for ensuring fair and impartial competition, they have "broad discretion" to take appropriate corrective action. In some cases, the appropriate action will be to withdraw a solicitation and re-issue an amended one. In its review decision on an issue raised by Northrop Grumman Information Technology in 2011,
9576-425: The authority delegated pursuant to law and agency procedures. Unlike in commercial contracting, there is no doctrine of apparent authority applicable to the Government. Any action taken by a Contracting Officer which exceeds their actual delegated authority is not binding on the Government, even if both the Contracting Officer and the contractor desire the action and the action benefits the Government. The contractor
9702-482: The cancelation of the GCV program, the U.S. Army shifted its focus to upgrading its existing fleet of Bradley Fighting Vehicles . Canceling the GCV freed up Army development resources to proceed with the Armored Multi-Purpose Vehicle (AMPV), the service's replacement for the M113 armored personnel carrier family. The Army has embarked on a comprehensive combat vehicle acquisition effort called Next Generation Combat Vehicle , which includes AMPV within its scope. In 2018
9828-415: The common chassis for a family of vehicles to replace legacy armored vehicles. The Army emphasized affordability, rapid deployment, and low-risk technology for the GCV. The Army required that all aspects of the GCV be at technology readiness level 6. The shortfalls of rapid deployment would be mitigated through an incremental addition of components as technology matures. The Army provided details from
9954-534: The contract was $ 299.4 million. Teams will develop concept designs during the 15-month long phase. In June 2023, the Army downselected American Rheinmetall and GDLS to go forward in the competition. These two teams will now move on to the next phase of the programme and split a $ 1.6 billion development fund to develop a total of eleven prototypes each, seven being for a contract award, with an option for four more. They will also develop two ballistic hulls, turrets, armor coupons, and digital model twins during this phase of
10080-715: The country to acquire goods, services (including construction ), and interests in real property . Contracting with the federal government or with state and local public bodies enables interested businesses to become suppliers in these markets. In fiscal year 2019, the US Federal Government spent $ 597bn on contracts. The market for state, local, and education (SLED) contracts is thought to be worth $ 1.5 trillion. Supplies are purchased from both domestic and overseas suppliers. Contracts for federal government procurement usually involve appropriated funds spent on supplies, services, and interests in real property by and for
10206-616: The dissemination of procurement sensitive information and post Government employment restrictions. The Act applies to federal and contractor employees. Non-compliance may result in criminal or civil penalties, cancellation of the procurement, rescinding contracts, suspension or debarment. The Act is implemented at FAR 3.104 . The GAO confirmed in 2014 that its jurisdiction includes investigation of protests raising allegations of PIA violation. President Kennedy 's Executive Order 10936 of 24 April 1961 required federal agencies to investigate and report on identical bids received in connection with
10332-437: The expensive development of a new combat vehicle was not seen as feasible. BAE Systems and General Dynamics were each awarded engineering and manufacturing development (EMD) phase contracts in August 2011. The EMD phase was to last 48 months for both contractors. Senate appropriators were also concerned that the GCV would compete with the Army's other combat modernization priorities. Though the GCV would make up only 10 percent of
10458-402: The fourth quarter of Fiscal Year 2010 with the award of up to three vehicle contracts. This was to be followed by an Engineering & Manufacturing Development (EMD) phase and Low Rate Initial Production (LRIP) phase before full production could start. Nine vehicles were evaluated in the Army's 2011 Analysis of Alternatives (AOA) for the GCV. The four primary vehicles included in the AOA were
10584-424: The instrumentality of the proper department to which those powers are confided, enter into contracts not prohibited by law and appropriate to the just exercise of those powers. Scores of statutes now also expressly authorize departments and agencies to enter into contracts. The U.S. Congress passes legislation that defines the process and additional legislation that provides the funds. Private parties entering into
10710-452: The job and using their employer's equipment and materials. A Program of Record is a procurement program which is "a directed, funded effort that provides a new, improved, or continuing materiel, weapon, or information system or service capability in response to an approved need". A Program of Record requires certain documentation (eg. Acquisition Program Baseline (APB), acquisition strategies, Selected Acquisition Reports (SAR), etc.) and
10836-483: The law allows each side to rely on the other's authority to make a binding contract on mutually agreeable terms. Executive branch agencies enter into the contracts and expend the funds to achieve their Congressionally defined missions. When disputes arise, administrative processes within the agencies may resolve them, or the contractor can appeal to the courts. The procurement process for executive branch agencies (as distinguished from legislative or judicial bodies)
10962-526: The laws and regulations controlling Federal Government contracts. The private contracting party is held to know the limitations of the CO's authority, even if the CO does not. This makes contracting with the United States a more structured and restricted process than a commercial one. Unless specifically prohibited by another provision of law, an agency's authority to contract is vested in the agency head, for example,
11088-660: The mid-1980s under the Armored Systems Modernization program. The Army studied a family of vehicles utilizing common components. A heavy chassis variant would replace vehicles ranging from howitzers, main battle tanks and Bradleys. This effort was canceled in 1992 due to the collapse of the Soviet Union. The post–Cold War period saw the Army begin to realize the importance of deploying globally on short notice to small-scale contingencies. In 2000 U.S. Army Chief of Staff General Eric Shinseki laid out his vision for
11214-569: The offer, mutuality of obligation, and consideration . However, federal procurement is much more heavily regulated, subject to volumes of statutes dealing with federal contracts and the federal contracting process, mostly in Titles 10 (Armed Forces), 31 (Money and Finance), 40 (Protection of the Environment), and 41 (Public Contracts) within the United States Code . In fiscal year 2019,
11340-584: The opposition's numerical advantage. Today, the military needs equipment that works where it is needed, is dependable, has a high degree of maintainability , has long-term reliability, is agile and versatile, and aims to avoid equipment choices which might result in political debate and partisan politics. As part of the acquisition planning process, the Government must address its buying power leverage. Many Government acquisition commands write acquisitions solely based on haphazard acquisition strategies which are primarily directed toward avoiding bid protests. Thus, it
11466-451: The parties, but many areas addressed by mutual consent in commercial contracts are controlled by law in federal contracting and legally require use of prescribed provisions and clauses. In commercial contracting, where one or both parties may be represented by agents whose authority is controlled by the law of agency, the agent is usually allowed to form a contract only with reference to accepted notions of commercial reasonableness and perhaps
11592-561: The past two decades, the fulfillment of urgent needs has evolved as a set of complex processes within the Joint Staff , the Office of the Secretary of Defense, each of the military services, and the combatant commands to rapidly develop, equip, and field solutions and critical capabilities to the warfighter. GAO identified at least 31 entities that manage urgent needs. During World War II , some tasks in government contracts were given directly to
11718-400: The period of availability for which it was made. 73 Comp. Gen. 77, 79 (1994). It applies to all Federal Government activities carried out with appropriated funds, including contract, grant, and cooperative agreement transactions. 73 Comp. Gen. 77, 78-79 (1994). An agency's compliance with the bona fide need rule is measured at the time the agency incurs an obligation and depends on the purpose of
11844-415: The period of availability or to complete contracts properly made within that period." The Bona Fide Need Rule is a fundamental principle of appropriations law addressing the availability as to the time of an agency's appropriation. 73 Comp. Gen. 77, 79 (1994); 64 Comp. Gen. 410, 414-15 (1985). The rule establishes that an appropriation is available for obligation only to fulfill a genuine or bona fide need of
11970-511: The power to contract was and is regarded at law as necessarily incidental to the Federal Government's execution of its other powers. An early Supreme Court case, the United States v. Thomas Tingey , recognized that the United States Government has a right to enter into a contract. It is an incident to the general right of sovereignty, and the United States may, within the sphere of the constitutional powers confided to it and through
12096-586: The proceeds to replace similar property during the same fiscal year or the next one, like a used car trade-in. The Miscellaneous Receipts Act mandates that funds received by the US Government must be deposited in the miscellaneous receipts account at the US Treasury unless a specific exemption was authorized by Congress. The Miscellaneous Receipts Act prevents the Executive Branch from financing itself except as specifically authorized by Congress. 40 USC 181(c) thus
12222-426: The procurement of goods or services. It was revoked by President Reagan in 1983 by Executive Order 12430. Kennedy's order reflected concern that "the prevalence of identical bidding [was] harmful to the effective functioning of a system of competitive bids" and that "identical bidding [might] constitute evidence of the existence of conspiracies to monopolize or restrain trade or commerce". Reagan's order argued that
12348-504: The program, and instead funds were shifted to the AMPV program as the main vehicle priority and to improving the Bradley IFV in the interim until more resources become available. Incremental improvements will be made to current vehicle fleets to improve protection and networking abilities. $ 131 million will be directed into science and technology to look at the feasibility of future combat vehicle technologies, and Secretary Hagel has directed
12474-636: The program, estimated to cost $ 28 billion from 2014 to 2030, with the possibility of alternate vehicle options. While none met overall Army goals desired in the GCV, they offered advantages in being less costly and delayed. Planned GCV prototypes were heavy, weighing up to 84 tons, to be better protected and seat a nine-man squad. Officials said that a vehicle of that size would not be well suited to operations faced in Iraq or Afghanistan. Alternate vehicles would be cheaper and more maneuverable in urban settings. The CBO report analyzed four alternative options: General Dynamics and BAE Systems, who received contracts in
12600-443: The programme. The Army announced that due to the initial design stage of the OMFV being complete, that they would be redesignating the programme as the XM30 Mechanized Infantry Combat Vehicle. As of December 2021, Robotic Combat Vehicle (RCV) is not a Program of Record , meaning the Army has not committed to an acquisition plan. The RCV is being developed in light, medium and heavy variants. The RCV-Light weighs no more than 10 tons,
12726-496: The purchase and sale of goods, and to contracts granting a security interest in property other than land. The UCC is a body of law passed by the U.S. state legislatures and is generally uniform among the states. The general law of contracts, which applies when the UCC does not, is mostly common law, and is also similar across the states, whose courts look to each other's decisions when there is no in-state precedent. Contracts directly between
12852-566: The required documentation. Such programs can be converted into programs of record later on if that documentation is completed and the program adheres to the Joint Capabilities Integration and Development System , among other requirements. The roadmap for the fulfilment of a Program of Record is split into five periods: Key points along the roadmap include three major Milestones and four major Decision Points. Milestones: Decision Points: Each Contracting Officer (CO) has
12978-440: The requirement had "proved ineffective" and "consume[d] resources that could be employed in a more effective manner to prevent antitrust violations". The procurement process is subject to legislation and regulation separate from the authorization and appropriation process. These regulations are included in the Code of Federal Regulations ("CFR"), the omnibus listing of Government regulations, as Title 48 . Chapter 1 of Title 48
13104-568: The requirements of the regulations. As with any complex document (in book form, Title 48 of the CFR requires several shelves), the FAR and its supplements can be interpreted differently by different people. Under the WTO Agreement on Government Procurement (GPA) and also some free trade agreements , the United States has undertaken to ensure procurements covered by the GPA are opened up to overseas suppliers "in
13230-429: The requiring activity meets with an acquisition command having a Contracting Officer with an appropriate warrant issued by a specific acquisition activity. A contracting agency has the discretion to determine its own needs and the best method to accommodate them. Procurements by military agencies have several unique aspects to their acquisition process compared to procurement by non-military agencies. The overall process
13356-529: The selection of a single vendor for the engineering and manufacturing development (EMD) phase of the program. Budgetary pressures caused the Army to reduce the number of vendors to be selected for EMD from two to one. The Army expected this change would save the DoD $ 2.5 billion. In April 2013, the Congressional Budget Office (CBO) issued a report on the progress of the GCV program. The report questioned
13482-450: The soldiers, and to allow for features such as floating floors for blast deflection and extra headroom. The Army also said heavy weight would not affect deployability because the Bradley it was planned to replace already requires strategic airlift transport aircraft . Both contractors claimed their designs were below the 70–84 tons expectation of what the GCV will weigh. BAE's vehicle weighed 60–70 tons, based on modular armor package, and
13608-537: The team assembled in May recommended that the Army either upgrade the existing ground vehicle fleet or rewrite the requirements. A new RFP was to be issued 60 days later. When Vice Chief of Staff of the United States Army Peter Chiarelli was asked if the Army was developing an alternative to the GCV, Chiarelli replied "We're totally committed to GCV." The National Commission on Fiscal Responsibility and Reform suggested deferring development of
13734-467: The time it was cancelled. In February 2014, Defense Secretary Chuck Hagel canceled the GCV, accepting the Army's request to do so. Army acquisition executive Heidi Shyu said that criticism of the program was "unfortunate" and cancelling it had nothing to do with vehicle performance. Shyu said the program had been doing "remarkably well" and wasn't having technical issues, and that the contracts were being executed well. The decision to cancel development
13860-501: The top five departments by dollars obligated were: The Top 100 Contractors Report for Fiscal Year 2022 published by the General Services Administration lists contracts with a combined total of $ 398.8 billion. The top five are aerospace , defense and medical contractors: In the same period, small business contracts totalled $ 153.9 billion. The Federal Government's authority to enter into contracts derives from
13986-547: The transaction and the nature of the obligation being entered into. 61 Comp. Gen. 184, 186 (1981) (bona fide need determination depends upon the facts and circumstances of the particular case). In the grant context, the obligation occurs at the time of the award. 31 Comp. Gen. 608 (1952). See also 31 U.S.C. Sec. 1501(a)(5)(B). Simply put, this rule states that the Executive Branch may only use current funds for current needs – they cannot buy items that benefit future year appropriation periods (i.e., 1 October through 30 September) without
14112-498: The use of public funds is associated with the principle of checks and balances. A good working relationship and robust communication between the Executive and Legislative branches is the key to avoiding problems in this area . The power within fiscal law comes from the Antideficiency Act (ADA), which provides that no one can obligate the Government to make payments for which money has not already been appropriated. The ADA also prohibits
14238-399: The use of the Federal Government through purchase or lease , whether the supplies, services, or interests are already in existence or must be created, developed, demonstrated, and evaluated. Federal Government contracting has the same legal elements as contracting between private parties: a lawful purpose, competent contracting parties, an offer, an acceptance that complies with the terms of
14364-430: The vehicle, making it less mobile. The Army canceled the GCV program in 2014 due to the service's budget constraints. The cancellation of the GCV program marked a setback for the U.S. Army, which had been looking to modernize its armored fighting vehicle fleet for many years. The Department of Defense had canceled the Army's previous combat vehicle program, Future Combat Systems Manned Ground Vehicles in 2009. After
14490-423: The vehicle; as weight increases, cost goes up and maneuverability goes down. The contractors worked to bring the weight down. The Army maintained that heavy armor was needed to protect the squad from acceleration forces that come with an underside blast, and that thicker underbelly plates and V-shaped hulls do not give enough protection. More armor would come from the vehicle being larger for more internal space for
14616-445: The weight of the vehicle to 30 tons for operations in urban environments. The two contractors would run out of money for development of their prototype vehicles by June 2014 unless the Army funded the rest of the technology development phase. The Pentagon and Army tried to find ways to continue the program, without actually starting vehicle production, through new technologies like advanced fire control systems and hybrid engines. Although
14742-512: The year they are appropriated within with several exceptions – 1) the severable services exemption under 10 USC 2410 and Office of Management and Budget (OMB) Circular A-34, Instructions on Budget Execution, 2) Authorized stockage level exceptions and 3) long lead time exception. (see https://web.archive.org/web/20041027004108/https://www.safaq.hq.af.mil/contracting/affars/fiscal-law/bona-fide-need.doc ) The Government Accounting Office (GAO) Principles of Federal Appropriations Law (otherwise known as
14868-588: Was a roundtable on government procurement and commercial opportunities held in North Carolina in November 2023, where North Carolina officials shared insights into how British companies could engage in North Carolina's procurement processes. 40 USC 181(c) provides that "In acquiring personal property, any executive agency, under regulations to be prescribed by the Administrator, subject to regulations prescribed by
14994-426: Was based entirely on budget calculations, with no possible way to come up with funds no matter how many other areas were reduced Money will be redistributed to engineering change proposals (ECP) on existing platforms until budget difficulties pass to allow investment in next-generation capabilities in about seven years. The decision had to be made to either exclusively fund the GCV or ECPs, so upgrades were chosen for
15120-569: Was held in October in Dearborn, Michigan. The Army reduced its requested FY 2011 budget to $ 462 million. Advanced Defense Vehicle Systems, General Dynamics Land Systems, and BAE Systems announced their intention of re-competing soon after the cancellation. The revised RfP was issued in November. ADVS announced that it would not submit a proposal due to the program's extended timeline. Up to three cost-plus contracts were to be awarded nine months after
15246-468: Was increasingly willing to slow down the GCV program or push it back from EMD to research and development. While the Army had said previously that the GCV was their highest priority acquisition program, they had since shifted their main modernization priority to an integrated electronic command network. In January 2014, a spending bill passed by the House appropriated $ 100 million for the GCV program, even though
15372-423: Was no longer feasible in the near term due to budget reductions, suspicion from the contractors that the program would not move past technology development, and Congress's belief it would not succeed. In January 2014, Odierno confirmed that the GCV program was being put on hold due to budget difficulties. Odierno said that the Army needed a new IFV but that they could not afford one at the time. Odierno said that he
15498-439: Was pleased with the requirements for the vehicle and that progress and development with the contractors was good. Science and technology investments were to be made to address the size and weight of armored ground vehicles to make it easier and cheaper to transport greater numbers of them across the world. On the recommendation of the Army, the DoD formally canceled the GCV program in February 2014. In November 2012, estimates of
15624-526: Was the key. As in the Civil War , the U.S. achieved victory due in large part to the industrial base in the northern states. A war of attrition requires massive quantities of material, but not necessarily of great quality. During the Cold War , quality was key. The United States may not have had as many pieces of equipment as their opposition, but that equipment could be more effective, efficient, or lethal, and offset
15750-465: Was to be the first vehicle variant fielded. Later that month, FCS was formally dissolved and many programs including the Manned Ground Vehicle program were canceled with it. In October and November 2009, the Army held informational sessions for potential GCV contractors. Also that month, Program Executive Office Integration was established to oversee subsystems of BCT Modernization including
15876-525: Was to begin with a low-rate production contract awarded in mid FY2016. Less than two years after the contract award LRIP would begin. After more testing a battalion -sized team would be attained in FY2018 followed by a brigade -sized arsenal in FY2019. The Army would then decide whether to go into full-rate production. The Army planned on procuring 1,450 IFVs at a total program cost of $ 40 billion. An industry day
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