JEFO 25-0724 Redacted.pdf

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

N AV A L A I R S Y S T E MS C O M M A N D

N AV A L A I R S YS TE MS CO MMA N D HE A D Q U A R TE R S

4 71 2 3 B U SE RO A D , U N I T # I P T

P A TU XE N T R I V E R , MD 2 0 67 0 - 1 5 4 7

JEFO Number: 25-0724

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 modification as a logical follow-on to existing Order N0001924F5018 under Indefinite Delivery Indefinite Quantity Multiple Award Contract (IDIQ MAC) N0001924D0120 awarded to L3Harris (L3H) Waco, TX on 13 September 2024.

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 Technical Directives (TDs), in the form of Airframe Bulletins (AFBs), into P-8A Poseidon aircraft to ensure the aircraft is returned to the Government in the latest configuration. More specifically, PMA-290 requires the incorporation of into that aircraft. The estimated value to fulfill the requirement 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 MACs and concurrently awarded the Secondary Awardee for Years 1 through 3 Order which is Order N0001924F5018. At initial award, the Order procured the Phase-In/Stand up activities and included Option Items of various P-8A airframe depot maintenance and repair services for up to P-8A aircraft. To date, that Order procures airframe depot maintenance and repair services for P-8A Poseidon aircraft, including aircraft . For aircraft , the Order procures Planned Maintenance Interval

(PMI) Induction, Maintenance Concurrent with PMI, and PMI Over and Above Discrepancies;

therefore, the requirements described in paragraph 3 above are a logical follow-on to the Order’s existing requirements. Additionally, to compete the fulfillment of the requirements described in paragraph 3 above 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 the aircraft L3H would be required to re-assemble the aircraft to an airworthiness state. The 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 the aircraft and, subsequent to incorporating the TDs, reassemble the 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 the aircraft. The 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 Bulletin TD Compliance Time and Materials (T&M) CLIN. The T&M CLIN has a single labor hour rate per year. The rate was established during the overarching competitive IDIQ MAC source selection process. Ultimately, the contractor will be paid for hours applied multiplied by the labor hour rate and actual materials 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 and 6 above, NAVAIR has no plans at this time to offer fair opportunities on subsequent acquisition 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).