JA 23-0051 P8 C40 Eng Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MD 20670-1547

IN REPLY REFER TO

J&A No. 23-0051

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command Headquarters (NAVAIRHQ)

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes a contract action for the procurement of two (2) CFM56-7B27A/E core engines for the P-8A Poseidon aircraft and one (1) CFM56-

7B24E core engine for the C-40 Clipper aircraft. These items will be procured on a sole source basis from the Original Equipment Manufacturer (OEM) of the engine, CFM

International, Cincinnati, OH.

3. Description of Supplies/Services.

The Naval Air Systems Command (NAVAIR) PMA-290 requires two (2) CFM56-7B27A/E engines, associated covers, stands, and cradle sets as spares for the P-8A aircraft fleet.

Additionally, PMA-207 requires one (1) CFM56-7B24E engine, associated cover, stand, and cradle set as a spare for the C-40 aircraft fleet. The anticipated delivery of the first engine

(and associated items) is within 1 year after contract action award with delivery of each subsequent engine (and associated items) within 3 month intervals. The total estimated value of the procurement and associated funding type is as set forth in the following table.

Estimated Dollar Value in Millions

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204 (a)(l), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The Boeing Company (Boeing) is the OEM of the P-8A and C-40 aircraft. Boeing furnishes the P-8A with CFM56-7B27AE engines and the C-40 with CFM56-7B24E engines. The C-

40 aircraft is a Federal Aviation Administration (FAA) Type Certificated Boeing 737-700C aircraft. These engines meet all requirements set forth by the NAVAIR Airworthiness

Authority and the FAA and are essential for maintaining configuration control throughout the aircraft fleets. CFM International is the original designer, developer, and manufacturer of the

CFM56-7B27AE and CFM56-7B24E engines and is the only company that possesses the complete source of technical data associated with NAVAIR Airworthiness and FAA certification. In order to officially use other engines not currently certified by NAVAIR or the FAA, the Navy would have to pay an estimated to the aircraft OEM to certify the other engines and obtain NAVAIR and FAA approval. This process would result in unacceptable delays to the delivery of spare engines to the fleet by 5-7 years resulting in a potential break in service for lack of engines. As such, CFM International is the only responsible source to provide the CFM56-7B27AE engines and CFM56-7B24E engine to satisfy the agency's requirements for spare engines for the P-8A and C-40 aircraft without unacceptable delays in meeting the Navy’s requirements.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

A Sources Sought Notice was published on the SAM website on 1 February 2023. No responses were received. A Presolicitation Notice was published on the SAM website on 21

February 2023 stating the Government’s intention to award a sole source contract to CFM

International and providing another opportunity for interested parties to submit capability statements. No responses were received. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than CFM International to provide the required supplies.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVAIR Headquarters has no plans at this time to compete future contracts for the types of supplies covered by this document. If another potential source emerges, NAVAIR Headquarters will assess whether competition for future requirements is feasible. As this is a follow-on for supplies previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A (J&A

No. 18-0329) was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI

206.304(a)(S-70)(ii).

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.

APPROVAL

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 10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.