J and A Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

Office of Acquisitions Management Foreign Service Institute Office of Foreign Missions U.S. Mission to the United Nations Overseas Post

Requiring Activity Bureau of Diplomatic Security/Office of Security Technology (DS/C/ST)

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

Approval is requested to obtain a written proposal from and award a sole-source Indefinite Delivery Indefinite Quantity (IDIQ) contract to Johns Hopkins University Applied Physics Laboratory (JHU/APL) for the services described in Section 3 on behalf of the Requiring Activity.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The Bureau of Diplomatic Security, Office of Security Technology requires continued contract support to establish and/or maintain essential engineering, research, development, test and evaluation, and analytic capabilities using operational knowledge of the national defense, intelligence and security environments.

JHU/APL shall establish and/or maintain essential and critical engineering, research, and development capabilities and services to include the following tasks:

Systems Engineering Support Leading, conducting, and/or supporting special studies, performance assessments and evaluations; participating in global-regional systems development, acquisition oversight, design reviews and meetings, evaluating concepts and unsolicited proposals, as well as performing component and system-level analysis.

Test and Evaluation Support Providing independent quantitative performance evaluations of test architecture and complex systems, assessing alternative and modified concepts, planning test operations and developing test architecture to include test assets and instrumentation.

Advanced Concepts and Technologies Support Providing research, design, development, and/or assessments of advanced concepts and technologies, and critical demonstrations, modeling, analysis tool development and testing, which includes full-scale experiments, advanced prototypes and modifications to operational equipment.

Reverse Engineering, Forensic and related prototyping Providing research, design, analysis and assessment support of advanced threats, concepts and technologies.

This will include prototype demonstrations, reverse engineering modeling, forensic analysis and testing, which includes full-scale experiments.

Advanced Analytics Providing analytics development, subject matter expertise, and advanced analytical support to aid in the assessment of proposed DoS courses of action, curation of DoS datasets and analytical products.

Independent validation and verification Providing analysis for technologies and systems developed by commercial vendors and other federal and state government agencies/entities to assess feasibility, applicability, operational suitability, and contribution to DS mission objectives.

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This acquisition is conducted under the authority of 41 USC 3304, as implemented by FAR 6.103 and substantiated by the following:

FAR 6.103-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY

CITED

JHU/APL is one of thirteen (13) University Affiliated Research Centers (UARCs), and each individual UARC specializes in something different, and there cannot be more than one UARC that specializes in the same thing. As specifically listed in the Engagement Guide Department of Defense University Affiliated Research Centers (April 2013), JHU/APL is the only UARC that specializes in the following core competencies:

(1) Strategic Systems Test and Evaluation. Independent quantitative performance evaluations of complex operational systems including ballistic and guided missile systems, strategic and tactical C3 systems, and other related combat and weapon systems; evaluation of alternative and modified systems; collection of requisite data; and development of instrumentation, as appropriate.

(2) Submarine Security and Survivability. Investigation and assessment of anti-submarine warfare, unmanned undersea vehicles, mine countermeasure technologies, and other aspects of undersea warfare with emphasis on the security, survivability, and operational effectiveness of submarines; instrumentation and oceanographic sensor development; and the execution of experiments and oceanographic research.

(3) Space Science and Engineering. Design, development, and prototyping of space systems and instruments;

conduct of critical space experiments; analysis and evaluation of space systems and space-related data; and research and development of systems that provide precision tracking, location, navigation, remote sensing, communication, characterization of the space environment, situational awareness, accurate discrimination, and targeting of threat objects.

(4) Combat Systems and Guided Missiles. Detailed understanding of tactical combat system and guided missile (including air defense and strike missiles) system design necessary for the independent evaluation of current and future systems, and the research and development of concepts and techniques for system improvements;

development and maintenance of unique evaluation and development facilities; design and prototyping of systems; relating systems design to operational factors (e.g., targeting and mission planning); and conducting related analyses and tests, including full-scale experiments.

(5) Theater Air Defense and Power Projection. Research, development, and assessment of effective methods of coordinating warfare systems at the theater level by exploring system concepts, developing demonstration models, and conducting experiments; systems engineering and evaluation of electronic warfare and defense suppression systems; and assistance in planning and evaluation of C3 systems for attaining an integrated tactical and strategic system capability.

(6) Information Technology (C4ISR/IO). Research, development, and assessment of defense command, control, communications, computer, intelligence, surveillance, reconnaissance, information operations, cyber operations, and information technologies; application of these technologies to battlefield information management, intelligence systems and information warfare systems; operational evaluations and vulnerability assessments of current and planned systems; development of system architectures to improve intelligence systems and to improve the effectiveness and coordination and reduce vulnerability among forces; and demonstrations and testing of these systems.

(7) Simulation, Modeling, and Operations Analysis. Development, verification, validation and application of simulations, models, and operations analysis techniques to determine mission effectiveness and performance assessment of current, planned, and proposed systems; and coordination of employment of these systems.

(8) Mission-related and public-service oriented research, technology development, test, evaluation, and system analysis (e.g., biomedicine, special operations capabilities, defeat of CBRNE weapons, environment and other topics of importance to DOD) through the application of the above core competencies, along with the complementary capabilities of other divisions of the University.

JHU/APL has been providing unique long-term direct expertise support to DoS for several years and as such JHU/APL is very familiar with and has firsthand knowledge of very detailed research and engineering requirements. Selecting another contractor who does not have firsthand knowledge of both the history and day-to-day research and engineering operations within DoS would adversely affect DoS/DS accomplishing their mission effectively, and in a time sensitive fashion. This ensures continuity, quick response capability, retention of highly trained personnel, and institutional knowledge. As an example, JHU/APL is the only DoD-approved lab authorized to execute classified work on the specialized work supporting Counter Remote Control Improvised Explosive Device (RCIED) Electronic Warfare (CREW) systems development under this procurement. Similarly, JHU/APL possesses unique expertise with respect to protection technologies related to personal and vehicle armor, electronic enforcement needs as well as technical systems facilitating the DS’s protection needs.

JHU/APL is the only UARC that specializes in the required areas for these services. No other UARC can meet the Government’s requirements.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER FAR 5.202 APPLIES

However, in accordance with 10 U.S.C. §2304(1), as implemented by FAR 6.301, the approved justification will be made publicly available on SAM.gov within 14 days after contract award.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT IS FAIR AND REASONABLE

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

Market research was conducted to identify potential sources for R&D labs that can support the Government’s requirements. Market research was conducted in accordance with FAR Part 10 and included:

Prior acquisition history Review of commercial sources Engaged with knowledgeable individuals within the Department of State and industry regarding market capabilities to meet the requirements Technical consultations with program subject matter experts (SMEs)

JHU/APL is one of thirteen (13) University Affiliated Research Centers (UARCs), and each individual UARC specializes in something different, and there cannot be more than one UARC that specializes in the same thing.

As specifically listed in the Engagement Guide Department of Defense (DOD) University Affiliated Research Centers (April 2013), JHU/APL is the only UARC that specializes in the following core competencies: Strategic Systems Test and Evaluation; Submarine Security and Survivability; Space Science and Engineering; Combat Systems and Guided Missiles; Theater Air Defense and Power Projection; Information Technology (C4ISR/IO); and Simulation, Modeling, and Operations Analysis.

DS/C/ST reviewed the core competencies of the established DOD UARCs and determined that their requirement aligns most closely with the core competencies of the JHU/APL UARC. In accordance with DoD policy the JHU/APL UARC does not substantially duplicate capabilities existing at another established DoD UARC. Given the success of JHU/APL’s efforts, DS/C/ST is following the DOD UARC Engagement Guide encouragement to “examine the capabilities of DOD UARCs to determine if it can provide [the component] with research or analytic support.” For the rationale set forth above, DS/C/ST is seeking to continue its existing relationship with a DoD UARC by the most efficient and cost-effective means possible.

JHU/APL has been providing direct support to Department of State for several years and as such JHU/APL is very familiar with and has firsthand knowledge of very detailed research and engineering requirements.

Selecting another contractor who does not have firsthand knowledge of both the history and day-to-day research and engineering operations within Department of State would adversely affect Department of State/DS accomplishing their mission effectively, and in a time sensitive fashion. As an example, There is no other UARC that specializes in these essential areas other than JHU/APL. Therefore, no other UARC except for JHU/APL will be able to meet DS’s requirement.

Since 2014, Department of State has contracted for support from JHU APL directly. JHU/APL has previously provided technical systems engineering expertise to the Department of State p The current IDIQ contract

19AQMM20D0064 and previous IDIQ contract SAQMMA14D0135 were awarded on a sole source basis to JHU/APL. Prior to 2014, JHU/APL provided support to DS/C/ST through an Inter-Agency Agreement (IAA) with Naval Sea Systems Command (NAVSEA)

The scope and ceiling of other agency JHU APL contracts were not designed to support the Department of State’s requirements. This solicitation is not a transition but a continuation of a long-standing contracted support relationship with JHU APL.

Department of State is not replicating the UARC designation. An omnibus UARC contract does not currently exist. UARCs are university labs authorized by DOD to engage in work specific to national security and related security technology. Department of State is contracting with a UARC designated JHU/APL to provide their specific expertise and services. DOD does not have a UARC contract for us to leverage via an IAA. Therefore, Department of State must enter into a contractual agreement with JHU-APL to provide requested services.

We considered several major research universities with strong, independent Department of Defense-funded research centers, including Arizona State University (ASU), University of Texas at Austin (UT Austin) (Applied Research Laboratories), and University of Washington (UW) (Applied Physics Laboratory). While a university like ASU, UW, and UT Austin might provide excellent theoretical research, JHU APL provides a mission-ready pipeline that meets the Department’s urgent nee

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

The operational experience that JHU/APL has gained over the years is consistent with DoD’s defined characteristics of the UARC relationship; specifically, “to provide comprehensive knowledge of sponsors requirements and problems; to provide current operational experience; to provide independence and objectivity; and to provide responsiveness to evolving sponsor requirements.” Utilizing another DoD UARC is not appropriate as the tasks in this requirement align with the key technical areas of JHU/APL for which they were strategically designated as a DoD UARC. Additionally, there is no other commercial entity that has the comprehensive knowledge of, or experience with, the core competencies required for successful task completion.

SECTION 10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

To date, no other sources have written to express an interest in this requirement.

SECTION 11. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SUPPLIES OR SERVICES REQUIRED

The Government will continue to:

Reassess requirements annually Evaluate commercial advancements Conduct periodic market research

These actions will help determine whether portions of the work may become suitable for competitive procurement.

SECTION 12. CERTIFICATIONS

All reviews and approvals should be completed in the order listed unless otherwise authorized or required.

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

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.

Technical Cognizance:

CERTIFICATIONS (Continued)

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12)) I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Required Signatures:

Submitted by:

Review and Approvals:

LEGAL SUFFICIENCY REVIEW

This J&A is hereby determined to be legally sufficient.

SIGNATURE:

SECTION 13. APPROVALS

COMPETITION ADVOCATE

SIGNATURE:

HEAD OF THE CONTRACTING ACTIVITY

SIGNATURE:

Date

NOTE: Each review must stipulate and include lower level signatory concurrence only prior to the higher dollar threshold approval. Signatories shall not exceed FAR or U.S.C. dollar threshold authority.