JEFO 26-0198_Redacted.pdf

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Justification For an Exception to Fair Opportunity, Air to Air Refueling Task Order
Solicitation number
FY26-SS001
Issued by

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This is a Justification for an Exception to Fair Opportunity (JEFO) issued by the Naval Air Warfare Center Aircraft Division (NAWC-AD) at Patuxent River, Maryland.

The document authorizes a direct task order to be issued to Omega Aerial Refueling Services (OARS) under the Air-to-Air Refueling (AAR) Multiple-Award Indefinite Delivery, Indefinite Quantity (MA/IDIQ) Contract N00421-21-D-0034. The task order requires contractor-owned and operated aircraft to provide AAR services in support of Pacific Air Forces (PACAF) missions within the United States Indo-Pacific Command Area of Responsibility. Services include providing AAR support to USAF receiver aircraft such as B-1B, B-52H, C-17A, F-15C/D/E/EX, F-16C/D, F-22A, F-35A, KC-46A, and MC-130J. The task order specifically requires a single aircraft with a Layout of Passenger Accommodation (LOPA) configuration capable of carrying qualified non-crewmembers and associated payload umbrellas, meeting fuel offload capacity requirements, and possessing all required Interim Flight Clearance (IFC) approvals. The estimated Period of Performance runs from June 15, 2026 to June 14, 2027, comprising a base period and fifteen optional periods. The total estimated contract value is $46,625,940.00 (dry contract/less fuel) for 1,300 flight hours funded by Operations & Maintenance, Air Force. OARS is justified as the sole source because it is the only AAR provider possessing a single aircraft type with all required certifications, seating capacity, cargo space, and IFC approvals for all specified receiver aircraft without introducing unacceptable schedule and logistics risks. OARS' rates have been determined fair and reasonable based on prior competitive awards.

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J&A 26-0198

The estimated Period of Performance (PoP) for this task order is 15 June 2026 – 14 June 2027 comprising of a base period and fifteen (15) options.

The total estimated value of this contract action is $46,625,940.00 (dry contract/less fuel) and is anticipated to be funded as set forth in the below table.

Estimated Dollar Value

Funding Type

(1,300)

Flight Hours

Travel

Total Estimated

Price

Operations &

Maintenance, Air Force

$46,625,940.00

4. Identification of the Justification Rationale and Demonstration of the Proposed Contractor's Unique Qualifications to Provide the Required Supply or Service.

In accordance with FAR 16.507-6(b)(2), only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

As described in paragraph 3 above, OARS is the only responsible source that can satisfy this requirement without experiencing unacceptable delays and an interruption in services to supporting PACAFfor the following reasons:

a) OARS is the only AAR provider for the Navy that possesses a single type/model/series Federal Aviation Administration certified aircraft with an approved United States Navy (USN) IFC to immediately satisfy the AAR services and requirements as stated in paragraph 3 above without a significant disruption of services. OARS’ aircraft has the required seating for qualified non-crew members and has sufficient cargo space to accommodate the required PUKs. Additionally, OARS is the only AAR provider that has an IFC to provide AAR services to the KC-46A. No other known contractor has a single aircraft that can provide this seating, cargo space, IFC for all receiver aircraft, and fuel offload requirement. Obtaining these required services by other means would require the use of multiple aircraft to accomplish the complete scope of the work, which would introduce unacceptable schedule and logistics risk delay, including increased risk and delay associated with down aircraft, to meeting the operational requirements.

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

OARS’ rates at the MAC level have been approved as fair and reasonable based on the N00421- 20-R-0094 competition. In accordance with FAR 16.507-6(d)(2)(v), a determination by the Contracting Officer that the anticipated cost to the Government is fair and reasonable will be

J&A 26-0198 completed. The proposal will be reviewed by experienced technical analysts, contract specialists, and/or cost analysts, as necessary. The Contracting Officer will employ price analyses as the basis for determining a fair and reasonable price as compared to the awarded contract N00421-21-D-0034.

6. Any other Facts Supporting the Justification

As noted in paragraphs 3 and 4 above, OARS’ is the only AAR aircraft services source that can provide the required services to meet PACAF current requirements; no other contractor source can provide these services within the required timeframe.

7. A Statement of the Actions 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.

The Government’s Contracted Air Services (CAS) AAR Multiple Award Contract includes one other contractor; however, the other contractor does not possess an aircraft that has the capacity and capability to meet all the requirements detailed herein. Actions taken to remove barriers consisted of analyzing the requirement to identify if these tasks could be separated between the two CAS providers. This would have resulted in a lesser quantity of fuel offload capacity and inability to support the KC-46A. OARS is the only contractor with an aircraft that can provide the offload capacity, seating and cargo space for the qualified non-crewmembers, obtains IFC for all receiver aircraft, and PUK list using its refueling.

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