Redacted JA for P8A AutoPilot_26-0255.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A MOFFETT BUILDING

47123 BUSE ROAD BLDG 2272

PATUXENT RIVER MARYLAND 20670-1547

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

IN REPLY REFER TO

J&A 26-0255

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes a contract action for the development and procurement of Software Correction of Deficiencies (COD) updates/modifications to the P-8A Multi-Mission Maritime Aircraft (MMA) loadable, Black Label Enhanced Digital Flight Control System (EDFCS) software for operational level retrofit of delivered aircraft for Engineering Change Proposal (ECP) P8ANAD-JPO-EDF-19042 Autopilot. This will be procured on a sole source basis from The Boeing Company (Boeing).

3. Description of Supplies/Services.

The Naval Air Systems Command (NAVAIR) PMA-290 P-8A Cooperative partners require the aircraft loadable, Black Label EDFCS software for operational level retrofit for delivered aircraft to correct deficiencies in the P-8A Autopilot system that were noted in Software Design Description (SDD) Developmental and Operational Testing. The software updates will improve or resolve Altitude acquire issues, Autopilot Placard Speed Exceedance resulting from out throttle retard deficiency, Pitch Oscillations during airspeed climb and descent, unexpected mode switch from Altitude Acquire to Vertical Speed following speed command change, slow auto throttle response, and Bank Limit Margin Tuning. After required testing and the resultant software is deemed suitable for P-8A fleet release, the software shall be delivered to the fleet loadable via the USN maintenance laptop. This procurement has a required delivery date that is not later than 29 February 2028. The estimated value and associated funding by fiscal year and type is indicated in the following table.

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

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Pursuant to 10 U.S.C. § 3204(b)(B), and in accordance with FAR § 6.103-1(c)(2)(ii) (Class Deviation 2026-O0017), as follow-on contracts, the requirements listed above in paragraph 3 are only available from the original source and for the reasons described below, an award to any other source would result in unacceptable delays in fulfilling the Government’s requirement. On 14 June 2004, Boeing was awarded the P-8A System Development and Demonstration (SDD) Contract N00019-04-C-3146 under a best value limited competition between Lockheed Martin Aeronautics and Boeing. Subsequent contracts in support of the Boeing P-8A efforts were not competed.

The P-8A consists of the basic commercial 737-800 ERX air vehicle, modified to meet Navy and Royal Australian Air Force (RAAF) requirements, and numerous systems and subsystems including simulators, avionics, communications, mission, and weapon system requirements. The P-8A system development started with a Boeing 737-800 basic design that underwent a significant structural and system modification/re-design in order to meet the Navy’s Maritime Patrol and Reconnaissance Aircraft (MPRA) mission and performance requirements. While the P-8A aircraft is unique in its design and performance characteristics, the 737-800 design that exists within is based on proprietary technical data or technical data in which the Government has only limited rights. EDFCS is considered part of the avionics flight deck as it is an electronic interface that integrates and manages multiple flight deck systems. Furthermore, Boeing, as the P-8A OEM developer and system integrator, is the only source with the necessary (and unique) technical resources, personnel and modeling facilities (some of which are based on proprietary or limited rights 737-800 baseline systems) to fulfill government requirements.

Award to a source other than Boeing would result in an unacceptable delay of 3-5 years due to the Government’s inability to provide technical data to another source to develop and integrate the corrections to the software deficiencies to the EDFCS software. Additionally, the timeline delay is unacceptable due to the inherent safety risks that the P-8A is presently operating under. The current EDFCS design does not adequately ensure the P-8A can capture an altitude hold command when the autopilot system is engaged. The lack of altitude capture could cause the aircraft to enter an uncommanded descent resulting in a controlled flight into terrain with associated loss of aircraft and flight crew

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

A Sources Sought Notice was posted on the System for Award Management (SAM) website on 05 October 2021, for which no responses were received. It was anticipated this task order would be awarded under the authority of CJ&A 21-0098, but the authority to utilize this CJ&A expired 28 February 2026. In accordance with FAR 5.201 (CD 2026-O0017), a synopsis was posted on 05 October 2025 on SAM.gov for informational and subcontracting opportunities. The Contracting Officer assessed that updated market research would not be beneficial and would not yield different results than the previous sources sought notice. Based on the aforementioned, a request for a waiver of DFARS PGI 206.103-170, request for information or a sources sought notice, was approved on 22 July 2026.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

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 contracts for the types of procurement covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.104-72(b) (CD 2026-O0017).

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.

Name (Printed) Phone No.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

APPROVAL

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

Director, Procurement Group, V23 Naval Air Systems Command