Jeppesen_J&A_-_5.9.2017_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A MOFFETT BUILDING

47123 BUSE ROAD BLDG 2272

PATUXENT RIVER MARYLAND 20670-1547

IN REPLY REFER TO:

J&A_16_0198

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves the issuance of a sole-source, Firm-Fixed-Price (FFP) contract to Jeppesen Sanderson, Inc., 55 Inverness Drive E, Englewood

CO 80112. This contract will support the procurement, and delivery of releasable mission planning support software and services for the Kuwait Air Force (KAF). These services and products will be in support of KAF Transport Aircraft. The contract is anticipated to include a base year with four (4) option years.

3. Description of Supplies/Services.

This contract for mission planning software services includes the procurement, production and delivery of worldwide navigation databases (NavData) for aircraft Flight Management Systems

(FMS), and common products and services. Common products and services include MilPlanner mission planning, OpsData aircraft performance analysis, Total Navigation Solutions, professional support services, and other subscription, service, and dispatch options.

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

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Jeppesen developed the mission planning software and services as a commercial item and the

Government has only those rights in technical data and computer software that would be provided to commercial customers.

Past efforts to solicit competition for the development of a releasable mission planning system to

Kuwait resulted in a Government determination that Jeppesen was the only known firm that possessed the requisite knowledge, expertise, and proprietary technical data. The previous

J&A_16_0198 efforts resulted in the award of a sole-source NAVAIR contract to Jeppesen via the Army

Research Lab (ARL) (W911NF-11-D0004-0008).

The proprietary technical data is required to define, control, and document all mission planning software and functional interfaces between the respective aircraft Flight Management Systems.

The proprietary technical data rights are not available for sale.

As a result, NAVAIR has determined that Jeppesen is the only known firm that possesses the requisite knowledge, expertise, and technical data to perform the required efforts authorized and approved under this J&A.

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

A sources sought was published on FedBizOps on 21 January 2016 and no potential sources responded. The proposed sole source contract was also synopsized on the FedBizOps website on

29 February 2016 and closed 15 March 2016, with no response from any potential interested sources.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer must ensure that all supplies and support are purchased at a fair and reasonable price. It is anticipated that the negotiation and award of this contract will be conducted in accordance with FAR Part 12, Acquisition of

Commercial Items. As such, the Contracting Officer will use price analysis as the basis for negotiating a fair and reasonable price in accordance with FAR 12.209 Determination of Price

Reasonableness, FAR 15.404-1(b) Price Analysis, and DFARS PGI 215.403-1(c) Prohibition on

Obtaining Cost or Pricing Data. This will enable the Contracting Officer to establish price reasonableness by requiring the contractor to submit commercial sales data or data other than cost or pricing data in order to analyze the proposal and ensure the price negotiated is fully justified as fair and reasonable. In addition, the Contracting Officer may compare the proposed prices with previous Government contract prices for the same or similar items once the validity of comparison and the reasonableness of previous prices have been established. Analysis of the proposal will be performed by the Contracting Officer with the assistance of qualified technical analysts and the Defense Contract Management Agency (DCMA) to ensure the appropriate analysis is performed.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVAIR has no plans at this time to compete future requirements covered in this document. If another potential source emerges, NAVAIR will determine whether competition for future requirements is feasible.