2_REDACTED 2024JUL23_JandA_PMT_N68520_24_RFPREQ_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

COMMANDER, FLEEET READINESS CENTERS

47038 MCLEOD ROAD, BLDG 448

PATUXENT RIVER, MARYLAND 20670 -1547 IN R EPLY REFE R TO

Ser F2551/24-038

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity.

Naval Air Systems Command (NAVAIR), Commander, Fleet Readiness Center (COMFRC), Patuxent River, MD.

2. Description of the Action Being Approved.

This Exception to Fair Opportunity Justification (FOJ) authorizes and approves the issuance of a delivery order under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) multi-award Government-wide Acquisition Contract (GWAC) for brand name, Siemens Government Technologies, Inc. software products.

3. Description of the Supplies or Services Required to Meet the Needs (including the estimated value).

The requested acquisition for the Aviation Product Lifecycle Management (AvPLM) effort includes brand name Siemens Teamcenter Aerospace and Defense commercial off the shelf (COTS) software licenses (annual subscription) and existing license maintenance bundles for Base Aviation, Engineering, Sustainment, Quality and Plant Simulation, Computer Assisted Design (CAD) integration, Service Asset Management, Planner and Service Technician. The Siemens Teamcenter software maintenance and annual software license subscriptions are required to maintain consistent architecture and support customer on-boarding.. Teamcenter software modules enable operational product lifecycle management of weapons platform technical data, integration, and continued migration of Naval Air Systems Command (NAVAIR) Information Technology (IT) systems capabilities into this enterprise solution. This acquisition enables continued use of this enterprise tool building upon the prior investments made in Teamcenter software and configuration through the Aviation Logistics Environment (ALE) and Integrated Digital Resource Node (IDRN) programs, enabling digital data updates, sharing, and visibility across all levels of aviation maintenance.

The anticipated period of performance will commence on 07 Dec 2024 through 06 Dec 2029.

Ser F2551/24-038

In addition to the duplication of costs and schedule delays identified above, failure to procure the required Siemens software maintenance and subscription licenses will halt digital integration plans and will jeopardize the ability to support the Warfighter across all levels of maintenance.

5. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer will ensure all licenses and maintenance provided under this contract are procured at a fair and reasonable price. The Information Technology product prices in the SEWP catalog are determined to be fair and reasonable at the contract level. The price design for SEWP by SEWP in accordance with FAR 15.305(a)(1) to ensure that a fair and reasonable price is paid by the Government. To verify price reasonableness, offerors were instructed to submit their published price catalog or published schedule of list prices in a form regularly maintained by the manufacturer or offerors, such as a catalog, price list, schedule, or other verifiable and established record.

Further comparisons with General Services Administration (GSA), commercial and other contracts may be done to verify any questionable pricing.

6. Any other Facts Supporting the Justification:

Market research was conducted by technical representatives to accomplish verification and analysis against Government requirements, and to determine availability of the functionality required to meet the Government needs.

Results of the market research indicated there are no other compatible products that ensure the form, fit, and function to satisfy the Government needs in a one-for-one fashion. Additionally, market research was conducted for the required Siemens Teamcenter software through PubLog FLIS, the GSA, NASA SEWP, and Internet searches. A search of the required part numbers through the PubLog FLIS tool yielded no results for a National Stock Number (NSN). A search of the part numbers through GSA Advantage yielded results for the Teamcenter Aerospace and Defense Bundle; however, not all of the specific modules and interfaces required were available in the configuration required to support IDRN requirements.

A market research request was posted to the SEWP Site under Groups B, C and D NAICS 541519 on 18 October 2023. We received a response from one large business on 6 November 2023. There are several authorized resellers of Siemens products under groups B, C, and D of the SEWP vehicle that may provide a response to the formal RFP. Multiple contractors will have an opportunity to compete for this effort because it will be competed among the authorized resellers of Siemens Teamcenter® products under Group B, C and D of the SEWP vehicle.

7. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers that Led to the Exception to Fair Opportunity before any Subsequent Acquisition for the Supplies or Services is Made.

NAVAIR will continue to require additional products and services as growth continues on its AvPLM initiatives. To the maximum extent possible, these acquisitions and associated maintenance will be competed among all eligible resellers. The AvPLM Subject Matter Experts will continue their market research efforts and attend information technology trade fairs and conferences, conduct research via the internet to monitor the commercial marketplace for unique and innovative information technology solutions, and promote future competition that is not limited to certain brand products when practical.

Because this effort is a follow-on for supplies and services previously awarded on a competitive basis, in accordance with DFARS PGI 216.505(b)(2)(A), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS 216.505(b)(2)(B).

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR 16.505 (a)(2)(i)(B).