C-130J Pre-Production - Justification for Other Than Full and Open Competition_Redacted.pdf

Version 3.0

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

C-130J Airframe – Pre-Production Contract

Identification Number: TBD

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

The National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD) located in Norfolk, VA, proposes to enter into a contract on the basis of other than full and open competition in support of the Office of Marine and Aviation Operations (OMAO), Aircraft Operations Center (AOC) located in Lakeland, FL.

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

NOAA intends to award a new contract for the pre-production of one (1) C-130J aircraft manufactured by Lockheed Martin Corporation (LM) with an option for an additional aircraft. A firm fixed price (FFP) contract is contemplated for award.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303-2(b)(3)).

The two (2) current WP-3D aircraft, designated as tail numbers “N42RF” and “N43RF”, were delivered to NOAA in June 1975 and January 1976, respectively; both aircraft are now approximately 46 years old. In 2011, NOAA conducted an analysis of alternatives (AoA) to compare options for meeting earth observation requirements when these aircraft reach the end of their design service lives, which was then projected to occur in 2019-20. The recommended alternative was to extend the WP-3D service life by ten (10) years to 2030. In 2013, OMAO received funding for a WP-3D Service Life Extension (SLE) program. The program included the purchase and installation of re-winging kits (which added approximately 7,500 flying hours to each aircraft’s service life); an engine upgrade (which increased fuel efficiency and reduced maintenance costs); and the replacement and/or upgrade of aging communications, avionics, instrumentation, and radar systems (which further reduced maintenance cost and enhanced capability). Aircraft N42RF began re-winging in March 2015 and returned to service in August 2016;

N43RF began re-winging in October 2016 and returned to service in February 2017. With the completion of the SLE, the operational life of both aircraft was extended to approximately 2030.

The two (2) current NOAA WP-3D Hurricane Hunter aircraft are nearing their lifecycle end and ultimate decommission in approximately 2030; therefore, replacement aircraft are required by January 2028 to begin operations and ensure all modifications function as intended. As the current WP-3Ds are approximately 46 years old, both aircraft require continuous equipment overhauls, repairs, maintenance, and inspections on various components and spare equipment to maintain their operability and mission support until decommissioned. The need to have the first two (2) new aircraft online by 2030 to replace the WP-3D aircraft currently in the fleet is imperative. Without these assets online, the ability for NOAA to perform its hurricane missions would be severely, if not entirely, hampered. This would create a serious national security issue by the degradation of hurricane forecasting leading to a potential increase in loss of life and property during hurricane events.

A Brand Name justification for the C-130J airframe was approved on March 23, 2022. The otherwise competitive solicitation for the production of up to four (4) airborne science platforms, all modified to support NOAA’s various missions to replace the WP-3D aircraft and expand the fleet, will include a Brand Name restriction, which only covers the airframe portion of the acquisition, not the modifications.

The production of a Baseline (‘green’) C-130J aircraft takes approximately three (3) years from the date the contract is issued. After green aircraft production the aircraft would then go into a modification phase to add specialized structures, systems and provisions for instrumentation to meet NOAA various missions. The modification process is expected to take two (2) years to complete. Under normal circumstances a production contract would need to be in

In general, the platform would operate much like the WP-3D, where the aircraft service ceiling is approximately 30,000 ft, and the aircraft would be used primarily at 20,000 ft and below. Because the basic C-130 was originally designed as a cargo-hauling aircraft, a greater proportion of its interior space is in the vertical dimension, with correspondingly less “horizontal” space (length × width) available for operator workstations. On the other hand, a common platform for NOAA and the Air Force Reserve Command could facilitate the transfer of new technology from research to operations, provide economies in training, or even allow a limited inter-fly capability for TC reconnaissance missions. The advantages of the C-130J include the use of a widely-used and well-supported aircraft type, with the lowest recurring cost for maintenance and parts. NOAA’s use of this platform could accelerate the transfer of technology from research to operations, since it would be relatively straightforward to install a future-generation system on the Air Force’s WC-130Js once its utility had been demonstrated on a NOAA C-130J.

A green C-130J aircraft is only produced by LM. While other companies can modify the aircraft, no other company produces new C-130J aircraft as the design is proprietary to LM. Therefore, the pre-production contract must be awarded to LM as there are no other companies in the world capable of the pre-production of a green C-130J aircraft which is the only airframe that can be modified to meet NOAA unique missions.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

A Notice of Intent to Sole Source was posted to the Government Point of Entry (GPE), SAM.gov in accordance with FAR 5.201(b)(1) on March 1, 2023. No responses, inquiries, or interest were received by 2:00 PM ET on March 9, 2023.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The Contracting Officer will determine that the anticipated price(s) are fair and reasonable for the pre-production of the green C-130J based on pricing data for similar aircraft currently performing Air Force operations. In addition, the base platform (C-130J) has been purchased by the US Department of Defense in multiple quantities, over several contracts and in several variations. This information will provide further determination for fair and reasonable pricing on NOAA’s purchase of the brand name airframes.

Prior to award of the proposed contract, cost or price information shall be obtained from the contractor and a price/cost analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

Extensive market research, which has been approved by the Small Business Administration, went into the determination that the airframe needed to be a C-130J as documented in the brand name justification that will be posted with the production solicitation for the fully modified C-130J aircraft. No further market research has been performed nor will be performed for the pre-production contract. LM is the only company capable of accomplishing pre-production of the green C-130J aircraft as they own and control the production line for all C-130J, along with all data rights and Intellectual Property associated with the manufacture of the Baseline aircraft.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

All facts have been documented herein. There are no additional facts to be reported in this section.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b)(10)).

The OMAO/AOC and AGO/EAD solicited available capabilities from industry for a WP-3D airframe replacement platform to conduct TC reconnaissance and mission research requirements. Multiple companies expressed interest in the production contract for the fully modified C-130J aircraft. However, LM is the only company capable of performing pre-production on the green C-130J aircraft.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.303-2(b)(11)).

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future aircraft replacement. The Government will seek competition of future acquisitions, according to the market research results, for future aircraft procurements.

12. CERTIFICATION

The JOFOC has been prepared and certified by:

Technical/Requirements Personnel:

I certify that the above narrative is accurate and contains complete data necessary to support the recommendation for other than full and open competition. I further certify that the narrative verifies the Government's minimum needs or schedule requirements and any rationale used to justify other than full and open competition procedures.

Alan Goldstein Date Aircraft Acquisition Program Manager

Contracting Officer:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Jana Kolb Date Contracting Officer

13. REVIEW and CONCURRENCE

Review:

Office of General Counsel.

Rebecca Bailey Jacobsen Date

Concur:

Head of Contracting Office

Melissa R. Sampson Date Director, Eastern Acquisition Division

3/16/2023

3/16/2023

GOLDSTEIN.ALAN.S

TUART.1297822876

Digitally signed by

GOLDSTEIN.ALAN.STUART.1297

822876 Date: 2023.03.16 12:50:01 -04'00'

KOLB.JANA.LEIGH

-ANN.1125231817

Digitally signed by KOLB.JANA.LEIGH-

ANN.1125231817

Date: 2023.03.16 13:02:54 -04'00'

REBECCA

JACOBSEN

Digitally signed by

REBECCA JACOBSEN

Date: 2023 03.16 08:49:39 -04'00'

SAMPSON.MELISSA

.RENEE.1046644090

Digitally signed by

SAMPSON.MELISSA.RENEE.1046

644090 Date: 2023.03.30 06:26:57 -04'00'