P-8A Test Aircraft Modifications

The Naval Air Systems Command (NAVAIR) intends to award a sole source contract to the Boeing Company to procure the modification of three P-8A test aircraft from each aircraft's current configuration to the configuration of the first delivered P-8A Low Rate Initial Production (LRIP) Lot 4 aircraft (the aircraft is hereafter referred to as LRIP 4-1) as of the date of LRIP 4-1's delivery.

NAVAIR intends to negotiate and award the contract utilizing other than full and open competition pursuant to the authority at FAR 6.302-1 "Only one responsible source and no other supplies or services will satisfy agency requirements".

Pursuant to DFARS 206.302-1(d) and PGI 206.302, a sources sought notice was posted for this requirement. Except, at that time, NAVAIR's requirement was to modify each aircraft to LRIP 3-1 (vice 4-1); however, in order to modify each aircraft to the LRIP 4-1 configuration, the resulting contractor would need to be capable of at least modifying the aircraft to the LRIP 3-1 configuration.

In order to perform under the planned contract actions, an alternate source would require access to Boeing Commercial Airplanes (BCA) technical data associated with the Boeing 737-800 aircraft. NAVAIR does not have a license from Boeing to make commercial data available as Government Furnished Information. It is not feasible for an alternate source to enter into a non-disclosure agreement or proprietary information agreement with Boeing, since Boeing has indicated its interest in the planned contract action by submitting a capability statement in response to the 17 June 2015 notice. Without a means to access proprietary commercial technical data, other contractors would not be able to meet the Government's requirement.

Capability statements were previously requested and considered by the agency under the sources sought synopsis posted to FBO on 17 June 2015.