29 JOFOC Post Award 1305M320CNRMA0053.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Multifunction Phased Array Radar Advanced Technology

Demonstrator (MPAR ATD) Engineering Support

Identification Number: NRMAG000-19-01226

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

The Department of Commerce, National Oceanic Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) located in Boulder, CO proposes to enter into a contract on the basis of other than full and open competition in support of the Office of Oceanic and Atmospheric Research (OAR) National Severe Storms Laboratory (NSSL).

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

NOAA intends to award a new contract to General Dynamics Mission Systems. A cost plus fixed fee contract is contemplated for award.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303-2(b)(3)).

The requirement will provide continued engineering support of the ATD radar back end hardware and software to: (1) make improvements and fixes to this hardware and software; (2) operate and support government operators of this hardware and software in support of broader system integration and test activities; and (3) document radar back end hardware and software to the extent required for the government to take over maintenance and improvements of the system.

The value is based on seven (7) months of continued engineering support and is estimated at $699,377.76. This will allow the NSSL to accomplish its mission to reach the final state for Initial Operating Capability (IOC) of the ATD system.

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

General Dynamics Missions Systems is uniquely qualified to provide these services to NSSL based upon the following:

General Dynamics Missions Systems is the original developer and only source capable of providing engineering support for this hardware and software. The type of support required assumes specialized knowledge of this equipment and software. Other awardees would not have the requisite specialized knowledge to be able to provide the level of support required to bring this system to IOC.

Along with the NOAA National Severe Storms Laboratory and Massachusetts Institute of Technology (MIT) Lincoln Laboratory, General Dynamics was one of the three primary developers of the ATD radar. It was originally developed as a multi-agency project between NOAA and the Federal Aviation Administration (FAA). An Interagency Agreement (IAA) between the FAA and the Defense Microelectronics Activity (DMEA) funded General Dynamics’s role in the development. This IAA (and the FAA’s involvement in the project) has ended; however, the ATD radar is still undergoing integration and testing. Continued engagement from General Dynamics for the present phase is critical for successful completion of the radar.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303- 2(b)(6)).

The NSSL and the Western Acquisition Division solicited available capabilities from industry for MPAR ATD Engineering Support through notification on the current Government Point of Entry (GPE) Contracting Opportunities Section of Beta.SAM.gov on 4 December 2019 ending 19 December 2019. Zero responses were received and the NSSL and the Western Acquisition Division determined that adequate competition to provide MPAR ATD Engineering Support was not available.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The contracting officer determines that the anticipated price(s) will be fair and reasonable based upon price analysis techniques listed at FAR 15.404-1. Prior to award of the proposed contract, cost or price information shall be obtained from the contractor and a price/cost analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable. The current contract provides the Government with two (2) years of fair and reasonable price history to aid in determining reasonableness. In addition, General Dynamics Missions Systems has a current Forward Pricing Rate Agreement (FPRA) in place with the Defense Contract Management Agency (DCMA). Further, the proposed price will be compared to the Independent Government Cost Estimate (IGCE). Finally, the General Services Administration (GSA) Contract Awarded Labor Category (CALC) tool will be used to compare hourly rates for all labor categories. These four (4) reasons lead the contracting officer to believe that fair and reasonable labor rate prices will be obtained for this requirement. The overhead rates will be awarded in coordination with the current FPRA. The fixed fee (profit) will be negotiated using the weighted guidelines method in order to assure a fair and reasonable fee amount.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

Market research was conducted by the NSSL and the Western Acquisition Division to identify available sources and to evaluate the availability of the marketplace to meet the requirement as follows:

The specialized nature of this work and the necessity to work with the current developer, General Dynamics Mission Systems, means that there are no other contractor options at this time. The program had opened discussions with industry, but to no avail. Searches using the most appropriate methods, such as AbilityOne, Federal Prisons Industries, Small Business Dynamic Search, and GSA would have likely returned many options for engineering services similar to this requirement. However, no other company has the specialized knowledge that General Dynamics Mission Systems has to support NOAA’s ATD radar requirement. This was supported by the results of the posted synopsis.

Based on the results of market research, the government determined that no vendors were available that possessed the capability to perform the required MPAR ATD Engineering Support.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303- 2(b)(9)).

All facts have been documented in the above sections. There are no additional facts to be reported in this section.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303- 2(b)(10)).

No sources indicated an interest as a result of the synopsis posted to the Contracting Opportunities Section of Beta.SAM.gov on 4 December 2019 ending 19 December 2019.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.303-2(b)(11)).

Although this project will be sole source, the Government is actively compiling data and knowledge in order to remove that prerequisite. The program anticipates being able to take control of the requirement within two years, enabling them to move from a sole-source procurement environment.

12. CERTIFICATION

The JOFOC has been prepared and certified by:

Technical/Requirements Personnel:

I certify the requirement meets the Government’s minimum need and that the facts, representations, and data included in this justification are complete and accurate.

Date

Michael Jain, Division Chief Radar Research & Development Division NOAA National Severe Storms Laboratory

Contracting Officer:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Darrin Moore Date Contracting Officer

13. CONCURRENCE

Concur:

Office of General Counsel

Rebecca Jacobsen Date Office of General Counsel

Head of Contracting Office

Chad Hepp Date Director, Western Acquisition Division