N00189-19-P-Z032_JustificationandApprovalREDACTED.docx

DEPARTMENT OF THE NAVY

NAVSUP FLEET LOGISTICS CENTER NORFOLK

700 ROBBINS AVENUE – BUILDING 2B

PHILADELPHIA, PA 19111-5083

J&A Number: 19-005

JUSTIFICATION AND APPROVAL

FOR USE OF SOLE SOURCE

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: The requiring activity is Commander, Naval Air Force Reserve (CNAFR); the contracting activity is Naval Supply Systems Command (NAVSUP) Fleet Logistics Center (FLC) Norfolk Contracting Department, Philadelphia Office.

2. DESCRIPTION OF THE ACTION BEING APPROVED: Award of a sole source firm, fixed price (FFP) purchase order to Jeppesen Sanderson, Inc. (CAGE: 19580) for services (as outlined in Paragraph 3) in support of CNAFR, and more specifically, to the Commander, Fleet Logistics Support Wing (CFLSW).

3. DESCRIPTION OF SUPPLIES/SERVICES: The proposed acquisition is to procure Mission Planning and Dispatch Support Services for the aircraft belonging to the CFLSW and the 4th Marine Air Wing (4th MAW) including four (4) C-37A/B; one (1) C-20G; twenty-four (24) C-130T; seventeen (17) C-40A; eighteen (18) KC-130T/J; five (5) UC-35C/D; and two (2) C-12W series, totaling seventy-one (71) aircraft – all of which are derivatives of commercial aircraft. Mission Planning and Dispatch Support Services consist of software and online web-based applications that allow aircraft pilots access to maps, charts, weather, intelligence and aircraft performance data for use in developing mission planning navigation solutions such as routes, approaches, terminal procedures, communications setting, flight/mission calculations (fuel and leg times,) and other pertinent aircraft operational data. Mission Planning and Dispatch Support Services include visual software or web-based tools and applications optimized for specific aircraft roles, and the automation of the computations associated with aircraft specific flight/mission planning. Once the mission planning information has been generated, it can be printed for kneeboards or strip charts, or alternatively written on to a data storage device or for transfer to aircraft systems navigation system, or saved on a laptop and down loaded to electronic knee boards. Mission Planning and Dispatch Support Services can also include functions to transmit and receive flight/mission information via satellite datalink communications, either at the commencement of a flight/mission, or as real time updates throughout a flight/mission. Updates are provided on a 28-day basis, quarterly basis, and/or as they are made available. Mission Planning and Dispatch Support Services may also be used for post-flight/mission debriefing.

The services outlined in the proposed acquisition are based on software algorithms that are complex and unique, requiring highly specialized technical expertise, engineering and programming for the support of a variety of aircraft. Jeppesen Sanderson, Inc.'s engineers, computer programmers, and technical data specialists have extensive background in airline operations, major airframe manufacturing, and understand the special needs and unique requirements of the military variant of commercial aircraft. In addition, their dispatchers are Federal Aviation Administration (FAA) certified with significant airline and military dispatch experience. Specific Mission Planning and Dispatch Support Services associated with the proposed acquisition are as follows:

· Milplanner Flight Planner

· Charting Services

· Aircraft Performance Data

· Onboard Performance Tool (OPT) Airport Data

· Electronic Flight Bag

· Navigation Data

· Integrated Navigation Data Service (INDS)

· Garmin Navigation Data Service

· Dispatch Services

NOTE: Each of the above services is commercially available to the general public; however, the Milplanner Flight Planner and Charting Services contain minor modifications in order to meet the Federal Government’s requirement. In fact, the Milplanner Flight Planner differs from the commercially available service – Jetplanner Flight Planner – only because it offers air-to-air refueling; a feature to which is not currently used by the commercial airlines. In totality, it is estimated that these modifications represent less than a 2% change from the services commercially available to the general public.

ADDITIONAL NOTE: These Mission Planning and Dispatch Support Services are currently being provided through 30 November 2018 under N00189-17-P-Z582 which was awarded to Jeppesen Sanderson, Inc. on a sole source basis in accordance with FAR 13.501(a) by NAVSUP FLC Norfolk Contracting Department, Philadelphia Office.

· Performance Period: 01 December 2018 through 30 November 2019

· The proposed acquisition will be funded with fiscal year (FY) 2019 annual appropriations (Operation and Maintenance Navy Reserve – O&MNR)

4. STATUTORY AUTHORITY PERMITTING SOLE SOURCE: The statutory authority permitting the use of other than full and open competition is 41 USC 1901(e)(2) – a sole source acquisition using simplified acquisition procedures for certain commercial items (SAP-CI), as implemented by FAR 13.501(a).

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY: The proposed acquisition is to procure navigational data and associated products/services outlined in Paragraph 3 above. Jeppesen Sanderson, Inc.’s operational data (OpsData) provides its customers with customized airport analysis. Its airport analysis team services over 500 flight operations, over 400 different aircraft/engine types and successfully maintains over 3600 airports worldwide. All these source materials allow Jeppesen Sanderson, Inc. to analyze the takeoff flight path out to 30 nautical miles and/or clear of all obstacles whereas most firms are restricted to less than 10 nautical miles due to the limited data sources used. Furthermore, its Mission Ops eCharts solution provides a pre-flight viewing of worldwide aeronautical charts, in-flight viewing of charts as well as worldwide airport data to allow the flight crew to safely prepare for landing at virtually any airport throughout the world. Finally, its MilPlanner allows the user to create and save an unlimited number of flight plan requests; create optimized flight routes based on cost, cargo loads, fuel efficiency, or time en-route; plan payload off-load operations; and support air-to-air refueling (AAR) and airborne early warning and control (AEW&C) operations with multiple AAW and orbiting functions.

As the exclusive developer of MilPlanner, Mission Ops eCharts (MOEC), OpsData, NavData, Boeing Laptop Tool (BLT) airport data, Jeppesen Sanderson, Inc. owns the proprietary rights to the technical data, the paper en-route charts, plotting charts, the design drawings, the training documents and the equipment required to continue to support the CFLSW and the 4th MAW – which provides 100% of the Navy's medium and heavy airlift capability. Jeppesen Sanderson, Inc. also supports the Naval Air Logistics Office (NALO), which schedules worldwide airlift logistics to the Joint Operational Support Airlift Command (JOSAC). To date, Jeppesen Sanderson, Inc. retains the copyrights on MilPlanner, OpsData and NavData.

Although there may be other companies that can provide portions of the Mission Planning and Dispatch Support Services, Jeppesen Sanderson, Inc. is the only source in the industry that has the capacity and the capability to provide all of the various services listed in Paragraph 3 above. Additionally, no other source offers a commercial flight planning and electronic charting solution specifically tailored for a military customer. Furthermore, no other source offers support of military-specific functionality fused with robust commercial flight planning functionality. This type of support is not found in any DoD mission planning solutions including the National Geospatial-Intelligence Agency (NGA) or any other commercial providers' product and technology suite this time. This is especially critical as these support services are a “fit for flight” requirement for all seventy-one (71) of the CFLSW and 4th MAW aircrafts, as none can fly without the services outlined in the proposed acquisition. Based on the foregoing, only the Mission Planning and Dispatch Support Services from Jeppeson Sanderson, Inc. meets the Navy’s mission requirement and no other source will meet the Navy’s requirements.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AN MANY OFFERORS AS PRACTICABLE: The requiring activity, through their in-depth knowledge of the market, has determined that the required support services are only available through Jeppesen Sanderson, Inc. The requiring activity’s knowledge stems from product literature, on-line research and various trade conferences. The contracting office conducted on-line research which included a review of small business capabilities under the Dynamic Small Business search function on the System for Award Management (SAM) website. The contracting office’s market research resulted in the same conclusion that the required support services are only available through Jeppesen Sanderson, Inc.

In an effort to inform industry of the proposed acquisition (and identify potential sources), the contracting office posted a Request for Information (RFI)/Sources Sought synopsis to the Navy Electronic Commerce Online (NECO) website on 04 May 2018 (with a response date of 01 June 2018). As a part of this notice, industry was provided a draft Performance Work Statement (PWS) and interested parties were requested to provide a capabilities statement and identify the following: any feedback to the draft PWS that could possibly enhance competition and any other information applicable to the proposed acquisition. This notice resulted in four (4) inquiries from industry.

Three (3) of the inquiries did not include a capabilities statement nor any feedback to the draft PWS. One of the firm’s inquiry was sent to inform the contracting office that they are non-compliant in a few areas but are working diligently to upgrade their system and expect to be in complete compliance (to provide at least a portion of the services outlined in the proposed acquisition) at some point in calendar year (CY) 2019. Meanwhile, the two other inquiries only included a question to the contracting office regarding the current purchase order (N00189-17-P-Z582). The contracting office provided each firm with information relevant to the current purchase order (including order number and the incumbent). To date, the contracting office has not received any additional responses from either firm. The contracting office informed each of the three (3) vendors of the Government’s intent to process the proposed acquisition on a sole source basis to Jeppesen Sanderson, Inc. in accordance with FAR 13.501(a).

The forth submission stated that their response was applicable to all technical areas of the RFI/Sources Sought synopsis. Their submission stated that they provide Mission Planning systems support exclusively from the V-22 Mission Planning System (VMPS), used by the United States Marine Corps for all MV-22 aircraft. As part of this support, they are responsible for all V-22 unique mission planning software development and system level engineering of the entire VMPS system (also known as the Mission Planning Environment (MPE)). In addition, they provide V-22 Unique Planning Component (UPC) that supports the mission planner with the capabilities for planning routes, fuel, load out, weight and balance, waypoints, threats, communication plans (ARC-210 radio presets), digital map loads, digital map overlays, printed briefs, reports, and kneeboards. Finally, their submission stated that they have a MV-22 flight performance model that includes calculations for 46 different flight modes and models hundreds of Naval Air Training and Operating Procedures Standardization (NATOPS) performance charts.

Through collaboration between the contracting office and the requiring activity, the Government determined that this source appears to only be able to support the mission planning portion of the requirement and did not address the provision of charts, flight planning, flight following, and Navigation Data for any of the T/M/S of aircraft outlined in the draft PWS – all of which, in totality, represent a significant portion of the proposed acquisition. As such, it was determined that this firm did not demonstrate the ability to meet the Government’s minimum requirement. The contracting office communicated this information to this firm and provided them with the rationale outlined in this paragraph. Included in this correspondence, the contracting office also informed this firm of the Government’s intent to process the proposed acquisition on a sole source basis to Jeppesen Sanderson, Inc. in accordance with FAR 13.501(a).

7. DETERMINATION OF FAIR AND REASONABLE COST: The NAVSUP FLC Norfolk Contracting Department, Philadelphia Office Procuring Contracting Officer (PCO) has determined that the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.

8. ACTIONS TO REMOVE BARRIERS TO FUTURE COMPETITION: In accordance with DFARS 213.501(a) and based on the reasons outlined in Paragraph 5, NAVSUP FLC Norfolk Contracting Department, Philadelphia Office will handle future requirement on a case-by-case basis. Pursuant to DFARS 213.501(a), the approving official has reviewed the previous justification (17-035) and has determined that the planned actions to remove any barriers to competition were completed. However, at this time, circumstances have not changed and no other viable sources have expressed interest in the proposed acquisition. However, if another potential source emerges, NAVSUP FLC Norfolk Contracting Department, Philadelphia Office will assess whether completion for future requirements is feasible. In addition, the contracting office and requiring activity will continue to exhaust all resources to determine if any of the services outlined in the proposed acquisition can be broken out for future requirements.

Potential sources for the proposed acquisition will have another chance to express their interest in the requirement via the following postings to the NECO website:

· Combined Synopsis/Solicitation (which will be made available after approval of the pre-solicitation clearance – including this J&A)

· Justification and Approval (J&A) (which will be posted within 14 days of contract award – in accordance with FAR 13.501(a)(1)(iii)). This posting will remain available for a minimum of 30 days (in accordance with FAR 6.305(d)(3)).

In the event a follow-on acquisition package is provided by the requiring activity, the contracting office will post a RFI/Sources Sought synopsis to the NECO website. As part of this notice, interested parties will be instructed to identify any areas of the draft PWS that appear to restrict competition. This information will be analyzed by the requiring activity and contracting office before finalizing the PWS for the follow-on requirement. Furthermore, interested parties will be asked to provide a capability statement, displaying their ability to provide the services outlined in the notice. The requiring activity and contracting office will review the result of this notice before selecting an acquisition strategy for any potential follow-on.

9. CONTRACTING POINT OF CONTACT: The point of contact at NAVSUP FLC Norfolk Contracting Department, Philadelphia Office is Mr. Joseph Caltagirone (Code 280.3G) who may be reached at 215-697-9687 or joseph.caltagirone@navy.mil.

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