(?ungres3's at the fitlniteh Quinta EH1 20510 October 9, 2009 The Honorable Robert Gates Secretary oflilefense The Pentagon 'C-Uasliirtgtoii, DC 20301 Dear Secretary Gates: \We seek your assistance in preserving the integrity of the defense acquisition process as it relates to the LKS. ;\rmy's Family Tactical Vehicles competitive rebuy contract awarded by the rmy on August 27, 2009, and formally protested to the General Office (GAO) by the losing bidders in September. Specifically, we are concerned with recent efforts, based on inaccurate and incomplete information, to publicly criticize the contract award to Oshkosh Corporation, efforts that threaten to undermine the ongoing independent review and analysis of the GAO. We encourage you to ensure that the ongoing protest review process remains free from undue influence or outside interference. Unfortunately and despite prohibitions on such interference, some appear to be attempting to influence the ongoing Government Accountability Office review of this award. Wihile we firmly believe that the GAO protest of this program will be rejected as without merit, we are concerned with the blatant efforts to affect the outcome of this independent, tluasi--judicial review by attempting to raise protest issues through a public media campaign and through improper contact with Department of Defense officials. W'e are also concerned that some have gone so far as requesting that the Etrmy provide highly confidential and sensitive source selection materials for their review. believe this is both inappropriate and a dangerous precedent that could result in undue interference in the competitive process. Finally, we believe the ongoing public relations campaign initiated by disappointed parties has disseminated a significant amount ofineomplete and inaccurate information regarding the competition. Oshkosh Corporation is a strong, diverse company that has produced over 67,000 military vehicles for use by our armed forces, and is well situated to reliably serve the Department of Defense for decades to come. Oshkosh officials assure us that they have more than enough capacity to handle the anticipated production, as well as any surge production that might be required, with no impact o11 its existing contracts. In fact, the DOD scrutinized and confirmed Oshkoslfs manufacturing capacity and capability in two separate reviews this year, during both the and competitions. Over its 80-year history of vehicles for the Department of Defense, and its l1igl1ly--sltilled union has proven its capability to delivery quality products on schedule while keeping costs low to the government. In order to ensure that the process goes forward in an unbiased manner, we know you will take steps to ensure the Department handles outside inquiries relating to the procurement decision, including requests for sensitive source selection materials, in strict compliance with the law, particularly while the conducts its review of the protests. request that you provide the undersigned with a complete copy of all materials to other Members of Congress relating to the competition as well as the opportunity to receive the same briefings that are provided to other Member offices, including Committee briefings. We are especially proud ofour constituent's long historj>>; of supporting our men and women in uniform and ensuring they receive the best equipment We appreciate your efforts to ensure the procurement and protest review process is in :1 professional manner. We look forward to working with you on this matter. Sincerely, Hm: Kohl, us. Seniitor 111135 lieingold, us. Senator 7 {gag er, mero .o ress 'l'ot'n Perri, Member ofCongress I in, Member of Congress 13:11.11 Ryan, Member offjongress of(.ongress htr.-we ixagen, M.D.