JA 23-0070 (Local) -- FA-18 CLS for VX-23 (NAWC AD - PMA-265).pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

21983 BUNDY ROAD BLDG 441

PATUXENT RIVER, MARYLAND 20670-1127

J&A Number: 23-0070

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, MD

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves the award of a follow-on, sole source, Indefinite Delivery Indefinite Quantity (IDIQ) contract for Contractor Logistics Support (CLS) to The Boeing Company (Boeing). The resulting contract will be a five (5) year IDIQ contract with an anticipated ordering period from 11 December 2023 to 10 December 2028.

3. Description of Supplies/Services.

This contract action will provide continued support of the following:

Flight test and evaluation technical support associated with expanding the flight performance capabilities of USN and FMS F/A-18 A-F and EA-18G aircraft and aircraft modifications (both hardware and software) to include, but not limited to, block upgrades, developmental testing, operational testing, supportability test and evaluation, and deficiency correction testing. This technical support includes assisting in the development and execution of test plans and post-test analysis. Furthermore, the technical support includes providing instrumentation consumables, hardware, and non-production spare parts associated with the development of new capabilities and subsequent aircraft modifications. Additionally, for F/A-18 A-F and EA-18G aircraft in which flight performance capability has been expanded and in use for test and evaluation by VX- 23, Organizational (O), Intermediate (I), and Depot (D)-level maintenance may be performed.

Aircraft artisan maintenance, engineering, and other support on flight test aircraft, to include, but not limited to, SD-213 and SD-222. These aircraft are not maintained within NAVAIR approved publications, but rather by blueprints and engineering dispositions and flight clearances. Due to the uniqueness of these aircraft and configuration of F/A-18 A-F and EA-18G test and evaluation aircraft, these artisans will also be required to tailor and maintain blueprint standards. The support to these unique aircraft includes O, I, and D-level maintenance, manufacturing of parts, instrumentation, engineering support, maintenance consultation, and aircraft modifications for ground and flight test programs.

Estimated Dollar Value

FY 24–29 Total

RDT&E $22M

APN $20M

NWCF $17M

O&MN $1.5M

FMS $1.5M

Total $62M

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

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

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(B), services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly-specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

Boeing is the sole designer, developer, manufacturer, and integrator of the F/A-18 A-F and E/A- 18G aircraft. As such, Boeing is the only responsible source possessing the engineering data, technical skills, special tooling, and the requisite knowledge of the design, fabrication, performance, and operational characteristics to perform the tasks described in paragraph 3.

For required aircraft modifications, test instrumentation incorporation, and O, I, and D–level maintenance, only Boeing possesses the complete technical support package (e.g. engineering drawings and instructions, process specifications, tooling, other technical data, source code) that is required to integrate and incorporate aircraft and aircraft systems improvements. The Government does not possess a complete F/A-18 drawing package and Boeing to date has not delivered to the Government certain engineering and manufacturing processes; as a result, the Government does not have adequate data to support a competition. The original award of the required flight test and evaluation technical support was not competed.

Developmental aircraft modifications are completed using released Boeing engineering drawings and draft technical directives (TDs). Unexpected changes to the modification configuration, compared to that on the drawings, which are needed during the modification process, are coordinated directly with Boeing engineering. These unique aircraft modifications often require special tooling and technical skillsets requiring in-depth understanding of the manufacturing and fabrication process. Other Naval Test Wing Atlantic (NTWL) maintenance contracts do not provide for specialized knowledge or skillsets required to perform work outside of standardized, approved maintenance documentation or directives. These maintainers also do not have direct interface with OEM engineering to gain insight into the fabrication process or to provide input to engineering drawings. To compete a contracting effort to include this type of access to OEM data and specialized knowledge of test engineering processes and components would likely take over 2 years. This estimate is based on the time it would take to run a competition, and for another maintenance contractor to obtain adequate familiarity and experience with the unique configurations of these Test Wing aircraft to be able to perform this requirement. In addition, to have access to all of the necessary technical data, current analysis indicates the maintenance contractor would likely need to contract directly with Boeing, or the government would need a supplemental contract with Boeing, which would increase the overall cost, likely offsetting the benefits of competition. This would also add to delayed performance timelines. The schedule delays and additional costs associated with this alternate approach would be unacceptable.

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

A sources sought was posted to the SAM website on 4 October 2022. One (1) response was received from RV Global Solutions, in which the company did not identify any aircraft maintenance experience. Additionally, RV Global Solutions did not demonstrate the capability to obtain the data, skills, tooling and knowledge required to perform the tasks described in paragraph 3. Due to these reasons, RV Global Solutions was found not capable and the company was notified.

Additionally, the proposed contract was synopsized on the SAM website on 4 November 2022.

No other potential sources expressed interest. No additional market research was conducted for the reasons described in paragraph 5.

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, NAWCAD has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, NAWCAD will assess whether competition for future requirements is feasible.

As this is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), 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 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.

Technical Cognizance:

(301) 757-4249 John Frawley Phone No.

Assistant Program Manager for Test and Evaluation F/A-18

Requirements Cognizance:

(240) 577-3086 William Denenea Phone No.

Director of Contractor Services

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

(240) 526-8039 MORGAN GIERHART Phone No.

Attorney Advisor

CONTRACTING OFFICER CERTIFICATION

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

(410) 610-2262 John Tomechko Phone No.

Procuring Contracting Officer

DENENEA.WILLIAM.D

WIGHT.1121356585

Date: 2023.02.08 16:23:48 -05'00'

GIERHART.MORGAN.E

LIZABETH.1488147435

Digitally signed by

GIERHART.MORGAN.ELIZABETH.148

8147435 Date: 2023.02.09 11:13:11 -05'00'

TOMECHKO.JOH

N.R.1229003409

Digitally signed by

TOMECHKO.JOHN.R.1229003409

Date: 2023.02.09 13:28:26 -05'00'

APPROVAL

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. ( )(1), as only one responsible source and no other supplies or services will satisfy agency requirements.

Director, Procurement Group