CJA_AIR_FA-18 Boeing BOA_V-22-26_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

CJ&A 21-0113

CLASS 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 Class Justification and Approval (CJ&A) authorizes and approves the issuance of orders on a sole-source basis to The Boeing Company (Boeing) for supplies and services required to support U.S. Navy (USN), U.S. Marine Corps (USMC) and foreign military sales (FMS) aircraft weapons systems for the F/A-18 A-F and EA-18G platforms under PMA265. These PMA265 orders for requirements as outlined below will be executed under the NAVAIR-established Boeing Corporate basic ordering agreement (BOA)(N00019-21-G-0006). The authority to act under this CJ&A expires on March 14, 2026.

3. Description of Supplies/Services.

Orders placed under the BOA will support the development, production, integration, modification, reliability, sustainment, and disposal of all USN, USMC, and FMS F/A-18 and EA-18G aircraft, weapons, and subsystems, including the following systems and capabilities:

Infrared Search and Track (IRST), Next Generation Jammer, Satellite Communications, Tactical Targeting Network Technology, Navigation Warfare, Electronic Warfare, System Configuration Sets, Collision Avoidance Systems, training systems, and radars.

NAVAIR anticipates acquiring the following supplies and services to support the USN, USMC, and FMS requirements:

a) Design, development, manufacture, assembly, testing, prototyping, calibration, production and installation efforts associated with engineering change proposals (ECPs) for configuration changes, forward-fit upgrades and/or retrofit kits, including but not limited to program management, operations security and cybersecurity compliance, non-recurring engineering (NRE), systems engineering, integrated logistics and product support, training, logistics forecasting, life-cycle support, shutdown, and demilitarization

CJ&A 21-0113

efforts; development, validation, verification, and/or revision of technical publications/manuals/ engineering drawings/technical directives, and associated logistics impacts; production, modification, calibration, and depot-level repair of retrofit safety and test (ancillary, government-furnished, ground support, support) equipment, life-of-type/spare/repair parts for aircraft, special tooling, subsystems, training devices and support equipment; training services, repair and modifications of government-furnished property, and related software efforts.

b) Trade studies such as system-level performance analysis, integration/interchangeability studies, joint strategic planning/roadmap development, cost reduction studies and logistics support/sustainment planning.

c) Software development/infrastructure support related to systems and subsystems including avionics upgrades, training device upgrades, maintenance, support and any hardware upgrades required to implement software updates.

d) Testing and experimentation and test and evaluation support including but not limited to antenna, computer software, fatigue and ground testing (and associated test plans), avionics system, qualification, characterization, airworthiness, ground and fatigue engineering, modeling and simulation, wind tunnel testing, ground and flight testing, and data reduction/analysis/collection of flight test data, technical publication source data, flight clearance recommendation and tactics development.

e) Engineering sustainment, maintenance, and technical support including but not limited to avionics systems, mission systems, detection systems, air vehicle and weapon test.

f) Worldwide fleet engineering/ancillary/technical support such as Failure Reporting and Corrective Action Systems (FRACAS) analysis, engineering investigations, fatigue analysis, and feasibility and integration studies/efforts; service-life assessments/extension/modification support and materials incidental to engineering investigations, inspection, test, and/or repair, modification and restoration/return to ready-for-issue condition.

g) Over and Above efforts. During the performance of maintenance actions or ECP installations, technical and/or repair issues may emerge which could not have been foreseen at time of delivery order award. Over and above effort will be used to correct these issues provided the work to be accomplished is both within the scope of the delivery order and relatively low in cost compared to the total value of the delivery order. Emergent efforts that fall outside of these parameters will be the subject of a separate delivery order.

h) Obsolescence mitigation, management, and Life of Type component requirements.

i) Delivery of technical, financial, and administrative data associated with the above efforts.

The estimated ceiling value for the five-year BOA is approximately . The contracting officer will define the associated quantities, periods of performance, and delivery requirements for each order. NAVAIR will us Development, Test and Evaluation (RDT&E); Operation and Maintenance, Navy (O&M,N) and Aircraft Procurement, Navy (APN-1, APN-5, or APN-6); as well as FMS funds as delineated in the table below.

Note: The years and types of funding shown above are planned for obligation during the five year life (March 15, 2021 to March 14, 2026) of this BOA.

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.

In accordance with FAR 6.302-1(a)(2)(ii)(B), NAVAIR has deemed the requirements listed in Paragraph 3 for the continued development or production of a major system to be available only through the original source and award to any other source would result in an unacceptable delay

Boeing is the sole designer, developer, manufacturer, and supplier of the F/A-18 and EA-18G aircraft and systems and is the systems integrator for contractor and government-furnished equipment; weaponry; and aircraft communications, navigation and interrogation equipment, as well as ECPs. Only Boeing possesses the technical data, unique and specialized engineering capability, resources, subject matter expertise, tooling, facilities, aerodynamic and structural appraisal of fatigue effects databases, engineering processes, and manufacturing processes nts listed in Paragraph 3 above to include the engineering and analysis-based requirements (e.g. trade studies, test and evaluation, software, etc.) as well as the sustainment requirements (such as FRACAS, over and above efforts, and obsolescence management). The Government does not own a complete F/A-18 drawing package with Government Purposes Rights (GPR), and Boeing, to date, has refused to grant GPR to the Government in engineering and manufacturing process data. The timeline to qualify a second source to fulfill the F/A-18 requirements listed in Paragraph 3 would likely require 8 years based on the actual time required to develop, test and qualify the F/A-18 E/F aircraft weapon system alone. Developing this capability in a source other than Boeing would require substantial time to replicate systems design, test, and qualification (along with establishing adequate familiarity and engineering expertise with these systems at the prime contractor and supplier level) which would result in unacceptable delay and, ultimately, impact to procurement of program requirements and support necessary for fleet operations.

Therefore, NAVAIR has determined Boeing is the only responsible source capable of meeting

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

In accordance with FAR 5.201, the contracting officer posted a synopsis for the overarching BOA on June 16, 2020 and received no responses. In addition, the contracting officer posted a sources sought notice to beta.SAM.gov on November 6, 2020 and received no responses. In accordance with FAR 16.703(d)(2)(iv), the contracting officer will post a synopsis on beta.SAM.gov for each order, evaluate any offers received prior to contract award, and refer any interested parties to Boeing subcontracting managers for possible subcontracting opportunities.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the contracting officer shall ensure that all supplies and services acquired using this BOA are procured at a fair and reasonable price. In accordance with FAR 15.4, the contracting officer will establish fair and reasonable prices based on historical contract cost and pricing information. The contractor will submit cost and pricing data for each order in accordance with FAR 15.403-4. Engineers supporting the program office, NAVAIR analysts, and contract specialists, with the assistance of Defense Contract Management Agency and Defense Contract Audit Agency auditors as required, will assist with the proposal analyses. The contracting officer will analyze various cost elements that are presented in the proposals and requests for information, and use data from previous contracts and other programs for comparison. The contracting officer will use cost and price analysis as the basis for negotiating a fair and reasonable price.

8. Actions Taken to Remove Barriers to Competition.

For the reasons set forth in Paragraph 5, NAVAIR has no plans at this time to compete future contracts for the types of supplies/services covered by this document. NAVAIR will continue to assess the market and determine if competitive acquisitions for these requirements are feasible.

Because this is a follow-on effort for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior CJ&A was provided to the approval authority for review. Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance that 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.