FY24-SS003 USAF F35A_JEFO_JA 24_0087_R2Final Redacted.pdf

J&A 24-0087

JUSTIFICATION FOR AN

EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Patuxent River, MD

2. Description of the Action Being Approved.

This Justification for Exception to Fair Opportunity (JEFO) supersedes JEFO number 24-0087 approved on 5 February 2024 (Initial) at 52 flight hours (FH) and 04 March 2024 (P00001) at 82

FH, and authorizes the use of FAR 16.505(b)(2)(i)(B) to issue a modification to task order (TO) to increase the quantity of FH from 82 FH to 112 FH and the price from

$1,898,983.60 to $2,589,977.60 on the Air-to-Air Refueling (AAR) Multiple-Award Indefinite

Delivery, Indefinite Quantity (MA/IDIQ) Contract Number to Omega Aerial

Refueling Services (OARS), , for

Contracted AAR Services utilizing their

3. Description of Supplies/Services Required to Meet the Agency’s Needs (including the estimated value).

This task order will provide contractor owned and operated aircraft to fulfill the critical requirements for Contracted AAR Services in support of

The Contractor’s responsibilities will consist of providing

. This

Task Order Request (TOR) contains a specific requirement to receive AAR services for the multiple receiver aircraft via a tanker that can provide the

Additional requirements are added to support an AAR event in the OARS is the only contractor with a tanker aircraft to using its aircraft and has all of the required Interim

Flight Clearance (IFC) approvals to provide AAR services to the

The estimated Period of Performance (PoP) for this task order is extended from

The total estimated value of this contract action is $2,589,977.60 (dry contract/less fuel) and is anticipated to be funded as set forth in the below table.

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

21983 BUNDY ROAD BUILDING 441

PATUXENT RIVER, MD 20670

IN REPLY REFER TO

Estimated Dollar Value

Funding Type

(112) Flight Hours

Travel Total Estimated

Price

Operations &

Maintenance, Air Force

(O&M, AF)

$2,589,977.60

4. Identification of the Justification Rationale and Demonstration of the Proposed

Contractor's Unique Qualifications to Provide the Required Supply or Service.

In accordance with FAR 16.505(b)(2)(i)(B) only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

The current contractor, OARS, is the only responsible source that can satisfy the Fleet’s requirements as set forth in paragraph 3 without experiencing unacceptable delays and an interruption in services to the Fleet customers and the current

a) OARS is the only available known source that possesses Federal Aviation Administration certified aircraft with an approved United States Navy (USN) IFC to immediately satisfy the AAR services and without a significant disruption of services. No other known contractor has aircraft that can provide

Obtaining these required services by other means would create an unacceptable impact to execution of the Fleet’s operational requirements.

b) OARS is the only available known source that possesses Federal Aviation Administration certified aircraft with an approved United States Navy (USN) IFC to immediately satisfy the AAR services to the without a significant disruption of services.

Obtaining these required services by other means would create an unacceptable impact to execution of the Fleet’s operational requirements.

Table 2

Event Mission Dates TMS Flight Hours

Remarks

5. A Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The OARS rates at the MAC level have been approved as fair and reasonable price based on the

N00421-20-R-0094 competition and subsequently an award to OARS. In accordance with FAR

16.505 (b)(2)(ii)(B)(5), a determination by the contracting officer that the anticipated cost to the

Government is fair and reasonable will be completed. The proposal will be reviewed by experienced technical analysts, contract specialists, and/or cost analysts, as necessary. The

Contracting Officer will employ price analyses as the basis for fair and reasonable price as compared to the awarded contract

6. Any other Facts Supporting the Justification

As noted in paragraph 4,

7. A Statement of the Actions 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.

As noted in paragraph 4, this Exception to Fair Opportunity authorized by FAR

16.505(b)(2)(i)(B) to issue a direct task order on contract number

IAW FAR 16.505(b)(2)(i)(B) on the CAS AAR MA/IDIQ contract will ensure contractual coverage for DoN and USAF AAR services. This TO will provide an estimated of AAR services during the estimated PoP