J A_14-24322_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO:

J&A_14_24322

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 Basic Ordering Agreement (BOA) Delivery Order on a sole source basis to The Boeing Company.

3. Description of Supplies/Services.

This J&A covers the non-recurring engineering and integration efforts required to modify the T-45 Training System (T-45TS) to ensure compliance with the Automatic Dependent Surveillance-Broadcast (Out) (ADS- B (Out)) Federal Aviation Administration (FAA) mandate as established in 14 CFR 91.225 and 91.227.

Under a BOA Delivery Order, The Boeing Company, as the Original Equipment Manufacturer (OEM) will perform the non-recurring engineering and integration to support the Technology Maturation and Risk Reduction (TMRR) and the Engineering and Manufacturing Development (EMD) phases for incorporation of ADS-B (Out) into the T-45TS to comply with the ADS-B (Out) mandate. The development of the ADS-B (Out) system will include integration of an Identification Friend or Foe (IFF) Transponder, associated Digital Control Panel (DCP), and an Air Data Computer (ADC), as well as the modification and integration of the Global Positioning System Inertial Navigation Assembly (GINA), the Mission Display Processor (MDP) interface and wiring, the IFF antennas, the Multiplex (MUX) Bus, any aircraft cable redesign required, and the development of the MDP Operational Flight Program (OFP) software. This requirement covers Fiscal Years (FY) 2015 through 2018 and is in accordance with the NAVAIR Acquisition Plan Number 273-2011- 09-22-R6. The proposed procurement will consist of a base period of performance plus one (1) option and will be funded with Research Development Testing and Engineering (RDT&E) and Aircraft Procurement (Navy) (APN-5) funds. The total estimated value of the four year effort is $46.7M.

See Appendix A for Estimated Dollar Value

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(b)(2), the aforementioned integration and associated non-recurring engineering can only be performed by The Boeing Company due to the Government’s lack of data rights ownership. Without a Delivery Order to Boeing, the non-recurring engineering and integration efforts required to modify the T-45TS to ensure compliance with the ADS-B (Out) FAA mandate will not be completed in time to begin installation of ADS-B (Out) components prior to the FAA mandate effective date of January 2020. As the original manufacturer of the T-45TS aircraft, The Boeing Company is the only manufacturer that has the technical data and detailed knowledge/familiarity with the T-45TS in order to incorporate the required changes. NAVAIR does not own the technical data packages and drawings necessary for the integration of ADS-B (Out) into the T-45TS. This precludes the establishment of an adequate technical data package for another contractor to integrate all of the components required for ADS-B (Out). In January 2008, and again in October 2010, Boeing declined to sell a comprehensive technical data package to the Government. Because the data and capabilities were developed by Boeing during more than twenty years of design, development, and production of the T-45 aircraft, and the T-45TS program has phased out of production, alternate source development is not technically or economically feasible. For the above stated reasons, these costs would not reasonably be expected to be recouped through competition. Therefore, The Boeing Company, as the sole T-45TS manufacturer, is the only source that possesses the technical data necessary to complete the non-recurring engineering and integration efforts for the ADS-B (Out) T-45TS modifications in accordance with the FAA mandate.

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

For reasons discussed in Section 5 above, there are no other contractors that can meet these requirements in the timeframe necessary. Only The Boeing Company can ensure that CNATRA continues to meet its training mission without interruption in flight operations. The proposed effort was synopsized on the FEDBIZOPPS website on 30 October 2014. No other potential sources responded to this requirement. Any subsequent responses to the synopsis will be evaluated by the Contracting Officer.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. The Contractor will submit a formal price proposal with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. The Boeing Company’s proposal will be reviewed by experienced technical analysts, cost analysts, and contract specialists with the aid of necessary field pricing support. The Contracting Officer will utilize cost and price analysis as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVAIR currently does not have plans to compete efforts for the supplies and services covered by this document at this time. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

Appendix A

Estimated Dollar Value in Thousands

FY15 FY16 FY17 FY18 Total

APN 5 9,110 12,993 7,021 29,124

RDT&E 2,057 7,087 6,321 2,117 17,582

Total 2,057 16,197 19,314 9,138 46,706