TSD BOA Trng Sys CJA No. 25-0049_redacted 1.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER TRAINING SYSTEMS DIVISION

12211 SCIENCE DRIVE

ORLANDO FLORIDA 32826-3224

CJ&A No. 25-0049

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Training Systems Division (NAWCTSD)

2. Description of the Action Being Approved.

This Class Justification and Approval (CJ&A) authorizes and approves sole source contract actions with The Boeing Company (Boeing), St. Louis, Missouri to procure new training systems, up-grades and modifications to existing United States Navy (USN) and Royal Australian Airforce (RAAF) P-8A training systems to ensure that the training systems are representative of the fleet aircraft and systems. Non-commercial spares, support equipment, cyber support services, technical manual updates and on-site training will also be procured under this contract. Actions may use delivery orders/task orders via Basic Ordering Agreements (BOA). Authority to act under this class J&A expires 30 September 2026.

3. Description of Supplies/Services.

NAWCTSD intends to acquire new, or modify existing, P-8A training devices and associated sys-tems for the USN and RAAF. The training devices are grouped to include flight training systems and maintenance training systems. These training devices and associated systems will include all required software and hardware to support all system and subsystem upgrades, production changes, and device retrofits. Specifically, the training devices and systems associated with this effort are:

Flight training system devices include:

Operational Flight Trainers (OFT) Electronic Classrooms (EC) Flight Management System Trainers (FMST) Mission Systems Desktop Trainers (MSDT) Weapons and Tactics Trainers (WTT) Part Task Trainers (PTT) Deployable Mission Rehearsal Trainers (DMRT) Mission Systems Avionics Trainers (MAST) Training System Support Center (TSSC)

Maintenance training system devices include:

Virtual Maintenance Trainers (VMT) Ordinance Load Trainers (OLT) Hardware type 2 maintenance device trainers

J&A Number: 24-0104 require modifying this software. The Government, however, does not have the source code (in the case of TOMS) or sufficient data rights in the source code (Restricted Rights in CSF and IOS) to enable a third party to perform the contemplated upgrades and modifications. The cited other than commercial software was obtained by the Government with restricted rights in accordance with DFARS 252.227-7014(b)(3). This restricts the Government from releasing the data to third parties for modification without obtaining additional rights. The Government has requested to purchase the data rights necessary to compete these requirements numerous times and Boeing has denied those requests. Performance of the contemplated upgrades and modifications by another source will require the re-development of trainer architecture and training devices and retrofit of the newly developed training devices into the existing suite of devices. This will result in an estimated cost of to bring the devices to current configuration state. This estimate is based on past actuals and assumes initial set-up costs and maximum potential re-use of existing training system hard-ware. Furthermore, the existing suite of devices must remain operational and current while the new architecture is developed, mandating two P-8A Trainer baselines be maintained to continue to meet fleet demands for trainer concurrency.

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

NAWCTSD maintains in-depth knowledge of simulation and training system technology devel-opments and industrial base. This includes insight into marketplace technology, and knowledge of the technical and production capabilities of industry contractors. NAWCTSD representatives maintain this knowledge through routine review of industry journals and attendance at the annual Training and Simulation Industry Symposium and the annual Interservice/Industry Training, Sim-ulation and Education Conference. These representatives also periodically visit industry facilities for briefings on Independent Research and Development efforts. Based on its knowledge and ex-pertise, NAWCTSD has determined that no company other than Boeing has the knowledge and technical capability required to produce the P-8A training systems and upgrade them.

In accordance with DFARS PGI 206.302-1, the requirements were synopsized as a Sources Sought Notice on the System for Award Management (SAM) website on 22 May 2023 and was open for responses for 30 days. The posting included both courseware and training system requirements.

Four responses with capabilities statements were received, including one from the P-8A Original Equipment Manufacturer (OEM) (Boeing). The remaining three respondents were

The Government evaluated all the statements and accompany-ing documents submitted to determine each respondent’s capability to fulfill the requirements.

Only one of the respondents, (Boeing), was found capable of fulfilling all the requirements. The remaining three respondents were found partially or fully capable of fulfilling the courseware por-tion of the requirements but were found not capable of performing the majority of the remaining training systems effort, as they did not demonstrate the capability to access the proprietary data and source code necessary to update the training systems concurrently with the aircraft. Based on the results of the sources sought and the capabilities assessments, the Government will pursue a different acquisition strategy for procuring the courseware portion as capabilities exist in the mar-ket from multiple sources to fulfill that portion. For most of the requirements, only Boeing has the capabilities necessary to complete the work. As a result, future potential interested parties will be referred to The Boeing Company Subcontracting Manager for possible subcontracting opportuni-ties. The results of the Sources Sought Notice evaluation were communicated to the three respond-ents determined not capable of performing the training systems requirements and no further ques-tions were received.

Additionally, in accordance with FAR 5.204, a pre-solicitation notice was posted to SAM.gov for the training system requirements on 06 August 2024 and was open for response through 21 August 2024. This posting did not result in any interest regarding the current P-8A training system re-quirements.

7. Determination of Fair and Reasonable Cost.

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

8. Actions to Remove Barriers to Future Competition.

For reasons set forth in paragraph 5, NAWCTSD has no plans at this time to compete future re-quirements for the types of supplies and services covered by this document. However, NAWCTSD has been able to successfully procure commercial spares, visual databases, and models from con-tractors other than Boeing. NAWCTSD intends to continue to evaluate the competitive market-place for future potential industry partners to fill P-8A training systems needs through continued market research. If another potential source emerges, NAWCTSD will assess whether competition for future requirements is feasible.

As this is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A (Class J&A: 18-0224) was pro-vided 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)(S-70)(ii).

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justifi-cation and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical:

3/25/25

Date

Requirements:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

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 pro-curement(s) described herein using other than full and open competition, pursuant to the author-ity of 10 U.S.C. 3204(a)(1).

2 Apr 2025