JEFO 25-0124 Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

NAVAL AIR SYSTEMS COMMAND HEADQUARTERS

47123 BUSE ROAD, UNIT IPT

PATUXENT RIVER, MD 20670-1547

IN REPLY REFER TO

JEFO Number: 25-0124

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 to L3Harris (L3H), Waco, TX of a modification to Order N0001925F0277 as a logical follow-on to Order N0001924F5018 under Indefinite Delivery Indefinite Quantity Contract Multiple Award Contract (IDIQ MAC) N0001924D0120. Among other things, N0001924D0120 includes a Government obligation to induct a minimum of nine P- enance Repair and Overhaul facility and procure at least Planned Maintenance Interval (PMI) services for those aircraft. Orders N0001924F5018 and N0001925F0277 were established to obtain maintenance and repair services from L3H for aircraft inducted into required to establish and maintain license agreements with Boeing, the P-8A Original Equipment

N0001924F5018 only includes services requiring L3H to utilize royalty-free Boeing data and Order N0001925F0277 only includes services requiring L3H to utilize Boeing data for which royalty fees apply. This JEFO authorizes the procurement of the incorporation of configuration changing Technical Directives (TDs) derived from Boeing Engineering Change Proposals (ECPs) into seven of the These TDs are required to ensure the aircraft are returned to the Government in the latest required configuration.

3.

the estimated value).

The Maritime Patrol and Reconnaissance Aircraft program office (PMA-290) requires the incorporation of configuration changing TDs derived from Boeing ECPs into seven of the nine P-

FY25 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 previously stated, as a result of P-8A Airframe Depot Maintenance and Repair competitive Solicitation N0001924R0002, L3H was awarded IDIQ MAC N0001924D0120 and Order N0001924F5018. Among other things, N0001924D0120 includes a Government obligation to induct a minimum of nine P-those aircraft.

are the G obtain P-8A aircraft maintenance and repair services from L3H during FY25. L3H is required to establish and maintain license agreements with Boeing, the P-8A OEM, to enable L3H to utilize requiring L3H to utilize royalty-free Boeing data and Order N0001925F0277 only includes services requiring L3H to utilize Boeing data for which royalty fees apply. Among other things, Order N0001925F0277 procures the incorporation of configuration changing TDs derived from Boeing ECPs. Order N0001925F0277 was awarded on 3 February 2025 procuring the incorporation of Airframe Change (AFC) into P-8A aircraft . AFC-is a configuration changing TD derived from Boeing ECPs.

This JEFO authorizes the procurement of the incorporation of configuration changing TDs derived from Boeing ECPs into the other seven aircraft. More specifically, it authorizes the incorporation of AFC- into aircraft , and the incorporation of AFC- into aircraft . The incorporation of these TDs is required to ensure the aircraft are returned to the Government in the latest required configuration.

The aforementioned seven aircraft have inducted or are scheduled to be inducted for depot ance repair and overhaul facility under Order N0001924F5018.

The requirements described in paragraph 3 above are a logical follow-requirements for the seven aircraft as those aircraft will be in an opportune state for the incorporation of TDs. 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

Contractor would be required to disassemble each aircraft and, subsequent to incorporating the TDs, 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 TDs in each 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.

ing TDs Derived from Boeing ECPs Time-and-Materials (T&M) CLIN. That T&M CLIN has a single labor hour rate for aircraft inducted in FY25. That rate was 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

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.

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).