This is an HTML version of an attachment to the Freedom of Information request 'Competitive evaluation process'.

Freedom of Information 
PO Box 7910 
Tel: 02 626 62200 
Fax: 02 626 62112 
Our reference: FOI 043/15/16 
Mr Jackson Gothe-Snape 
By email:  
Dear Mr Gothe-Snape 
I refer to your correspondence, dated 18 September 2015, in which you requested access, under 
the Freedom of Information Act 1982 (FOI Act), to: 
“The document known as QB15-000025 dated 11 February 2015.” 
The purpose of this letter is to provide you with the decision relating to the document that is 
the subject of your request. 
FOI decision maker 
I am an authorised officer pursuant to section 23 of the FOI Act to make a decision on this FOI 
Identified document & decision 
I identified the requested document and have decided to release it intact.  A copy of the 
identified document is at Enclosure 1. 
Material taken into account 
In making my decision, I had regard to: 
a.  the terms of your request; 
b.  the content of the identified document in issue; 
c.  relevant provisions in the FOI Act;  
d.  the Guidelines published by the Office of the Australian Information 
Commissioner under section 93A of the FOI Act (the Guidelines); and 
e.  advice and clarifying information provided by an officer in Capability 
Acquisition and Sustainment Group (CASG).  
Defending Australia and its National Interests 

Contextual statements 
CASG noted that release of the identified document without some additional context may lead 
to confusion, and asked that I provide the following information in regards to the MH-60R: 

The 2009 Defence White Paper stated that as a ‘matter of urgency’ the Government will 
acquire a fleet of at least 24 new naval combat helicopters to provide eight or more 
aircraft concurrently embarked on ships at sea.  The urgency for acquiring new naval 
combat helicopters was driven by two main factors: the need for a credible Anti-
Submarine Warfare and Anti-Surface Warfare helicopter capability, and the increasing 
obsolescence difficulties with maintaining the current S-70B-2 Seahawk 'Classic' 
fleet.  This capability would replace the 16 S-70B-2 Seahawk 'Classic' helicopters then 
in-service and the 11 cancelled Seasprite helicopters, which were cancelled 
8 March 2008. 

-        On 24 February 2010, Government announced First Pass approval for Project AIR 9000 
Phase 8, the Future Naval Aviation Combat System. It was announced that a cost capped 
competition would be conducted to consider the MH-60R Seahawk 'Romeo' , sourced 
from the US Navy (USN) via the US Foreign Military Sales (FMS) program, and the 
NATO Frigate Helicopter (NFH), sourced via a direct commercial sale from Australian 

-         A Request for Tender was issued to Australian Aerospace (now Airbus Group Australia 
Pacific) in April 2010 for the NFH (based on the French Navy variant). A Letter of 
Request was released to the US Navy on the same day for the MH-60R.  

-        Both parties responded by the due date in July 2010 and then responded, at Defence’s 
request, with revised and final offers in February 2011. A detailed evaluation of the 
responses was then completed, with the decision by Government on 16 June 2011 to 
acquire 24 MH-60R Seahawk 'Romeos'.  

-        A total of 14 MH-60R Seahawk 'Romeos' have been delivered to date (as at 24 Sep 15) 
-       The project remains ahead of schedule. 
The following relates to content relating to C-27J: 

At the time of execution, the C-27J process was not conceived as a competitive 
evaluation and its use as an exemplar after the fact risks giving undue support to the 

USG policy prevented an FMS offer being provided in direct competition to a US 
supplier direct commercial sales (DCS) offer. 

The C-27J FMS evaluation was conducted against older DCS tender data on 
record, supplemented with up-dated OEM/partner information where available, and at 
no point did this DCS consideration involve a US supplier.  

The USAF JCA variant C-27J was only available via FMS at the time, the commercial 
alternatives considered were for subtly different version with less capability   

The option to procure C-27J via FMS was extremely time constrained due to the limited 
duration of the USG production contract. 

The following relates to content referring to Option 3 and Option 4 in the Background section 
of the document: 

At the time of the Senate Economics Reference Committee hearing on 30 September 
2014, Future Submarine Program resources had been focused on the ‘evolved 
Collins’ option (Option 3) and new design option (Option 4). 

This work had been completed before Government’s announcement of the 
Competitive Evaluation Process. 

It remains the case that no decision has been made on submarine cooperation with 
any country. 

FOI Disclosure Log 
In accordance with the requirements of section 11C of the FOI Act, Defence is required to 
publish details of information released under the FOI Act. Defence publishes identified 
documents relating to requests within five working days of receipt by the applicant. Defence 
will also publish this decision notice with privacy deletions.  
Your Review Rights 
Internal Review 
Under the provisions of section 54 of the FOI Act, you are entitled to request a review of this 
decision. You must request a review, in writing, within 30 days of the date of this letter, or the 
date you receive the documents.  Requests can be sent to: 
Fax:   02 626 62112 
Post:  Freedom of Information Directorate - Reviews 
Department of Defence 
PO Box 7910 
Australian Information Commissioner 
Under the provisions of section 54 of the FOI Act, you are also entitled to request an external 
review of this decision by the Australian Information Commissioner. You have 60 days to 
lodge such a request, using one of the contact methods below:  
Phone: 1300 363 992 
Fax:   02 9284 9666 
Post:  GPO Box 2999 
Canberra ACT 2601 
You may complain to Defence, the Information Commissioner or the Commonwealth 
Ombudsman about an action taken by Defence in the exercise of its power or the performance 
of its functions under the FOI Act.  There is no fee for making a complaint. Should you wish to 

complain to the Department of Defence, your complaint can be addressed to 
Mr Tony Corcoran using the contact details below: 
Post:   Tony Corcoran 
Assistant Secretary Information Management and Access Branch 
PO Box 7911 
Contact details for the Commonwealth Ombudsman are below: 
Phone: 1300 362 072) 
Fax:   02 6276 0123 
Post:  Commonwealth Ombudsman 
GPO Box 442 
Contact details for the Information Commissioner are above. 
Should you have any questions in regard to this matter please contact this office. 
Yours sincerely 
Ms Linda McCann 
Information Access 
19 October 2015 
Document in the form for release