FOE_F15K.pdf

FAIR OPPORTUNITY EXCEPTION (FOE) DETERMINATION AND APPROVAL

Contracting Activity: Air Force Life Cycle Management Center (AFLCMC), Airspace Mission Planning Division (HBMK), Hanscom AFB, MA Purchase Request/Local Identification Number: F2BDAZ3108B003 Program Name: Boeing Korea F-15K JMPS 1.3.3MX3 with: Integrated F-15K MPE (CBU- 105), FQT, and in-country support.

Estimated Cost/Price of the Order (including options): $800,000.00 Type Program: PEO Program Authority: FAR 16.505(b)(2)(i)(C) Type Determination: Individual

FAIR OPPORTUNITY EXCEPTION (FOE) JUSTIFICATION

I. Contracting Activity

The Contracting Activity for this acquisition is the United States Air Force (USAF), Air Force Life Cycle Management Center, Airspace Mission Planning Division, Hanscom AFB, MA. The Procuring Contracting Officer (PCO) is Timothy J. King, AFLCMC/HBMK, DSN 845-9089. This document is a Fair Opportunity Exception (FOE) justification to integrate the F-15K Mission Planning Environment (MPE) Cluster Bomb Unit (CBU-105), perform Formal Qualification Test (FQT) & in-country support for Boeing Korea F-15K Joint Mission Planning System (JMPS) 1.3.3MX3.

II. Nature and/or Description of the Action Being Approved

This Fair Opportunity Exception Determination and Approval is for development of the F-15K MPE. This task requires the contractor to remove non-releasable segments from JMPS 1.3.3MX3, integrate components into the MPE, perform a FQT, provide install documentation, and in-country support. Upon approval of this Fair Opportunity Exception, a modification will be issued to incorporate the efforts under the Foreign Military Sales (FMS) F-15 Mission Planning Enterprise Contract (MPEC II), FA8720- 10-D-0002, Delivery Order (DO) 0002. This effort will be a Cost Plus Fixed Fee (CPFF) effort and add one CPFF CLIN, one Not-Separately-Priced CLIN and one Cost Reimbursable CLIN.

III. Description of the Supplies/Services Required to Meet the Agency’s Needs

The anticipated cost for the effort is $800,000.00 and is within the MPEC II ceiling. The Period of Performance (PoP) for the efforts will be from contract award through (24) twenty-four months which is within the MPEC II current PoP of 07 Jun 2010 to 06 Jun 2016. The effort will include the following:

1. Remove non-releasable segments from the JMPS 1.3.3MX3/CBU-105. The delivered Framework (FW) shall only contain the following segments: JMPS Core, JMPS Global Positioning Satellite (GPS) Almanac, JMPS Order of Battle (OB), JMPS Sample Data, JMPS Sky View, JMPS Task View, JMPS Security Services, and JMPS Security Technical Implementation Guide (STIG) DotNet.

2. Integrate the FW and the F-15K Unique Planning Component (UPC) with Precision Guided Munitions Planning System (PGMPS).

3. Perform FQT on the integrated MPE.

4. JMPS Assessment in-country support.

5. Provide technical engineering assistance in answering questions or to support FMS telecons/meetings as directed by the Government FMS Program Office.

6. Create a Framework MPE Letter Report (Contract Data Requirements List (CDRL) A066) documenting the contents of the Framework build and associated hardware used by Korea F-15K.

7. Procure and deliver MPEs with restore disks.

IV. Authority Permitting a Fair Opportunity Exception

FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(C), “The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order”.

V. Demonstration of the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above to Provide the Required Supply/Service (Applicability of Authority)

Boeing Corporation has been the prime contractor on the F-15 Delivery Order since the award of contract FA8720-10-D-0002 Delivery Order (DO) 0002 on 21 November 2011.

The purpose of DO 0002 is to develop the F-15 Suite 7C and Suite 8E software to adapt to the changing needs of the various USAF MPEs and to create/update F-15 Suite 7C and Suite 8E, v2.0 software to support FMS. All MPEC II awardees were given a fair opportunity to be considered for the original order and were aware of the potential for future FMS efforts.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm%23P399_69627

The current effort has an anticipated value of approximately $800,000.00. The effort is a logical follow-on to the F-15 DO as it includes the same type of work that is currently being accomplished now under DO 0002. To further the interest of economy and efficiency, it is logical to award this effort to Boeing as Boeing already has the expertise and staff in place to accomplish this task. Boeing has been responsible for the F-15 efforts of the USAF and FMS efforts for various foreign countries since May 2006. Re-competing this effort would significantly delay providing the JMPS 1.3.3MX3 MPE to Korea in time to support the first deliveries of F-15K CBU-105 Program. The Republic of Korea Air Force (ROKAF) is scheduled to receive their CBU-105 capability in July 2014. A delay in delivering JMPS 1.3.3MX3 will impact the Korea F-15K CBU-105 operational mission. The ROKAF F-15K CBU-105 program is an Urgent Operational Requirement (UOR). Any additional delay resulting from competing this award and obtaining data so another contractor can develop the F-15K MPE will impact the mission of the ROKAF. In addition, the delay of this modification would increase the risk of a late MPE delivery. Since Boeing is the only contractor currently performing this type of work, any other potential contractor would require a significantly larger amount of time and labor hours to accomplish this work, resulting in increased cost and delays.

The following challenges faced by the other four (4) contractors available under the MPEC II contract would delay this effort by the estimated timeframes listed below.

These estimates are based upon previous development and delivery of FMS Fighter UPC/MPE efforts.

1. Submitting the Request for Proposal (RFP) would be delayed. However an RFP to Boeing could be submitted immediately as Boeing already has a complete understanding of the USAF F-15 requirements as well as a complete Statement of Work (SOW). Based on current experience with Boeing on past F-15 efforts, the proposal can be submitted within 14 days of RFP release. Allowing for competition under the MPEC II would delay the submittal of proposals an additional 3 to 6 months, based upon previous instances when MPEC DOs for similar JMPS development have been awarded to contractors other than the incumbent.

This would result in a delay of 12 to 25 weeks.

2. A new source selection conducted between MPEC II competitors would take longer while a Boeing proposal would be evaluated in 4 to 8 business days based upon past USAF F-15 efforts evaluated under this DO. Also, a source selection could be expected to take 2 to 3 months based upon previous source selections conducted under MPEC II.

This would result in a delay of 8 to 12 weeks.

Total delay to this point – 20 to 37 weeks.

3. Developing and implementing interim test procedures would be delayed as another contractor would need additional time to develop their own test procedures. Boeing, however, has been developing and testing their software on the USAF F-15 efforts which includes their program methodology.

This could result in a delay of 26 to 52 weeks.

Total delay to this point – 46 to 89 weeks.

As noted above, Boeing Corporation has been responsible for all USAF F-15 efforts, as well as FMS efforts for various foreign countries, since May 2006. Boeing has the program expertise and staff readily available to accomplish the efforts. Therefore, it is in the best interest of the program to award this effort on a sole-source basis as logical follow-on of the DO already in place.

VI. Description of Efforts Made To Ensure Competition Between All Awardees

In accordance with FAR 16.505(a)(1) orders under indefinite-delivery contracts do not have to be synopsized prior to award. Paragraph V, above, justifies why competition among all awardees is not possible for this acquisition. AFLCMC/HBMK has migrated current and future sustainment and developmental efforts to the FMS F-15 MPEC II DO which was awarded to Boeing on 21 November 2011.

VII. Determination by the Contracting Officer That The Anticipated Cost to the Government Will Be Fair and Reasonable

Boeing will be required to provide certified cost or pricing data due to the estimated value of this effort exceeding the certified cost or pricing data threshold. The final contract price will be evaluated and negotiated by the PCO in accordance with FAR Part 15, to ensure the ultimate cost to the Government is fair and reasonable. Additional documentation and award of this Delivery Order will be accomplished in accordance with the MPEC II Delivery Order Guide.

VIII. Description of Market Research Conducted Among All Awardees and the Results Or A Statement of the Reason Market Research Was Not Conducted

Market Research was not conducted. See Paragraph(s) V and VI above.

IX. Other Facts Supporting the Justification

N/A

X. List of Any Awardee That Expressed Interest in the Acquisition

In accordance with FAR 16.505(a)(1), the PCO does not synopsize orders under indefinite-delivery contracts. However, the following companies are available under the

MPEC II contract: Northrop Grumman Defense Mission Systems, Boeing Corporation, DCS Corporation, BAE Systems Mission Solutions, and Lockheed Martin Integrated Systems and Solutions. All of these companies had an opportunity to compete for this DO. The final RFP was released to all 5 MPEC II contractors for competition and posted on the Mission Planning Central (MPC) site 16 Jun 2011.

XI. Actions the Agency May Take to Remove or Overcome Any Barriers To Increasing Fair Opportunity Before Any Subsequent Acquisition For the Supplies or Services

FMS F-15 acquisitions arising after this delivery order expires will be competed under a subsequent delivery order under MPEC II or its successor contract.

XII. Contracting Officer’s Certification

The Contracting Officer’s signature on the signature page evidences that he has determined this document to be both accurate and complete to the best of his knowledge and belief.

XIII. Technical/Requirements Personnel’s Certification

As evidenced by their signatures on the signature page, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.