JEFO 25-0110 Redacted.pdf

D E P A R T M E N T O F T H E N A V Y

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N AV A L A I R S YSTE MS C O MMA N D H E A D Q U A R TE R S

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JEFO Number: 25-0110

JUSTIFICATION FOR AN

EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Nature and/or Description of Action Being Approved.

Pursuant to Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C), this Justification for an

Exception to Fair Opportunity (JEFO) authorizes and approves the award of an Order as a logical follow-on to existing Order N0001924F5018 under Indefinite Delivery Indefinite Quantity Contract

(IDIQ) N0001924D0120 awarded to L3Harris (L3H) Waco, TX on 13 September 2024 for P-8A

Airframe Depot Maintenance and Repair services. Order N0001924F5018 exercised options to enable the maintenance and repair of P-8A Poseidon aircraft . This JEFO authorizes the procurement of the incorporation of configuration changing Service Bulletins derived from Boeing Engineering Change Proposals (ECPs). These Service Bulletins (classified as

Technical Directives (TDs)) are required to ensure the aircraft are returned to the Government in the latest required configuration.

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

The Maritime Patrol and Reconnaissance Aircraft program office (PMA-290) requires the incorporation of Service Bulletins derived from Boeing ECPs into P-8A Poseidon aircraft to ensure the aircraft are returned to the Government in the latest configuration. The estimated value to fulfill the requirements is

4. Identification of the Justification Rationale (see FAR 16.505(b)(2)) and, if applicable, a

Demonstration of the Proposed Contractor's Unique Qualifications to Provide the Required

Supply or Service.

Pursuant to FAR 16.505(b)(2)(i)(C), the contract action must be issued on a sole-source basis in the interest of economy and efficiency because it is 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.

As a result of P-8A Airframe Depot Maintenance and Repair competitive Solicitation

N0001924R0002, L3H was awarded one of two IDIQ Multiple Award Contracts (MACs) and Order

N0001924F5018. That competitively awarded order procures, among other things, the maintenance and repair of P-8A Poseidon aircraft This JEFO authorizes the procurement of the incorporation of configuration changing Service Bulletins derived from Boeing ECPs into the aforementioned aircraft via the issuance of a new Order. The incorporation of these Service

Bulletins is required to ensure the aircraft are returned to the Government in the latest required configuration.

Pursuant to Order N0001924F5018, aircraft are scheduled for induction for depot maintenance into L3H’s maintenance repair and overhaul facility. The requirements described in paragraph 3 above are a logical follow-on to the Order’s existing requirement as the aircraft will be in an opportune state for the incorporation of Service Bulletins. Additionally, to compete the fulfillment of these requirements and award to the other IDIQ MAC contractor would create duplicative actions for the other contractor and the Government to perform. After fulfilling all other depot maintenance and repair requirements for each aircraft, L3H would be required to re-assemble each aircraft to an airworthiness state. Each aircraft’s U.S. Navy squadron personnel would be required to take delivery of the aircraft and fly it from L3H’s Waco, TX facility to the other contractor’s Indianapolis, IN facility. The other Contractor would be required to disassemble each aircraft and, subsequent to incorporating the Service Bulletins, reassemble each aircraft to an airworthiness state. The DCMA with cognizance over the other contractor would be required to inspect and accept the incorporation of the Service Bulletins in each aircraft. Each aircraft’s U.S.

Navy squadron would be required to come out a second time to accept the aircraft delivery. These duplicative efforts would create negative cost and schedule impacts to the Government.

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

The effort falls under the cognizance of the IDIQ Contract’s Configuration Changing TDs Derived from Boeing ECPs Time-and-Materials (T&M) CLIN. The T&M CLIN has a single labor hour rate and material mark-up rate per year, respectively. Both of those rates were established during the overarching competitive IDIQ contract source selection process. Ultimately, the contractor will be paid for actual hours applied and material costs incurred toward meeting the requirements in accordance with the contract. Based on the information provided and the prices previously established under adequate competition, the Contracting Officer anticipates the costs to the

Government will be fair and reasonable.

6. Any other Facts Supporting the Justification.

None

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.

For the reasons set forth in Paragraph 4 above, NAVAIR has no plans at this time to offer fair opportunities on subsequent acquisitions of similar supplies or services.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

Iertify 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.

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 (b)(2)(i)(C).