V3371022-SSJ_posting.pdf

Procurement Request (PR) No. V3371022

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE ASSISTANT SECRETARY OF RESEARCH AND TECHNOLOGY

VOLPE NATIONAL TRANSPORTATION SYSTEMS CENTER (VOLPE CENTER)

ADVANCED VEHICLE TECHNOLOGY DIVISION, V337

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

PART I - TECHNICAL SUPPORTING DATA

Recommend that negotiations be conducted with the MITRE Corporation (MITRE) on a noncompetitive basis for award of a contract in an amount estimated to be xxxx. The supporting data for this recommendation are as follows:

A. Description of Supplies/Services

The Volpe National Transportation Systems Center (Volpe Center) is conducting research to identify the safety challenges and research milestones needed to ensure the safe deployment of Automated Driving Systems (ADS). To address this requirement, the Volpe Center needs to (1) pilot a safety data sharing program to accelerate the safe deployment of ADS; and (2) conduct research to inform strategic planning in the areas of ADS and software assurance.

The Volpe Center seeks to acquire services from a Contractor in order to meet its needs. Specifically, the Contractor will perform the following services for the Volpe Center:

• Develop a prototype data sharing partnership and demonstrate the proof-of-concept through analysis of one vehicle automated control system using data collected from automotive industry partners.

• Establish a governance body and controls to protect proprietary data received through the data sharing partnership.

• Identify key safety challenges and research needs in the areas of ADS and software assurance to support safe deployment of advanced vehicle technologies.

In order to meet the Volpe Center’s needs, the Contractor must meet the following requirements:

1. Must have previously developed a safety data sharing system that (a) collects and secures proprietary data from industry; (b) sanitizes/de-identifies proprietary data; and (c) provides a point-of-access for industry and Government to view the aggregated data.

2. Must have previously established security mechanisms and governance structures for a safety data sharing system so as to safeguard proprietary data collected from industry.

3. Must be independent from automotive manufacturers so as to provide assurance that proprietary data will be secured and will not be shared with other automotive manufacturers.

4. Must have independence from the Government so as to provide assurance that safety data submitted by manufacturers will not lead to legal/enforcement actions.

5. Must possess demonstrated experience in identifying key safety challenges and research needs for ADS and software assurance.

B. Market Research

The Volpe Center’s Advanced Vehicle Technology Division, V-337, conducted market research between September 25 and October 5, 2017, to identify suitable parties that could meet the requirements specified in Section A.

The market research focused on the Federally Funded Research and Development Centers (FFRDCs) listed by the National Science Foundation (NSF), https://www.nsf.gov/statistics/ffrdclist/. As described in Federal Acquisition Regulations (FAR) 35.017(a)(2), FFRDCs are private sector organizations that are required to be free of organizational conflicts of interest such as those stemming from unique access to sensitive or proprietary data. Therefore, FFRDCs meet the unique requirements sought from the Contractor as described in the third and fourth Contractor requirement in Section A of this document.

The NSF identifies a total of 43 FFRDCs. As described in FAR 35.017-3(a), work placed with an FFRDC must fall within its purpose, mission, general scope of effort, or special competency.

Therefore, The Volpe Center reviewed the websites of each of these FFRDCs to determine if their mission(s) and capabilities aligned with the needs and required services outlined in Section A of this document. Since the needs and required services of the Volpe Center focus on automotive technologies and information technology (IT) data sharing systems, the mission statement of each FFRDC was reviewed to determine if it included either transportation or IT (e.g., as opposed to missions focused on energy or policy). This review identified five FFRDCs with mission(s) and capabilities aligned with the specific needs and required services outlined in Section A of this document. None of the websites reviewed indicated special competencies that would be applicable to this requirement and required services outlined in Section A of this document.

The Volpe Center contacted each of the five FFRDCs via email with a description of the needs and services in Section A of this document to determine their capability to meet the requirements. Each email also inquired about the ability of each FFRDC to accept non-sponsor work as described in FAR 35.017-1(c)(5). Listed below are the FFRDCs, dates of interaction, and strengths and limitations.

• MITRE Corporation: September 28, 2017; October 5, 2017

The MITRE Corporation operates two of the identified FFRDCs: the National Security Engineering Center and the Center for Advanced Aviation System Development. As stated on its website, the MITRE Corporation fosters knowledge sharing across its FFRDCs. Therefore, both FFRDCs are evaluated as a single entry.

The MITRE Corporation developed and continues to operate the Aviation Safety Information Analysis and Sharing (ASIAS) system for the Federal Aviation Administration (FAA). ASIAS allows aviation stakeholders to submit proprietary safety data which is then analyzed, de-identified, and aggregated with other safety data. The resulting data sets are then available to the Government and other stakeholders. The MITRE Corporation also developed the governance structures and controls to secure proprietary data for the ASIAS system. The MITRE Corporation will be able to leverage this expertise to support this contract.

The MITRE Corporation also has demonstrated experience with ADS research from participating in the 2005 Defense Advanced Research Projects Agency (DARPA) Grand Challenge to develop an automated vehicle. MITRE continues to support the Department of Defense on ADS research.

MITRE demonstrated experience in software assurance supporting the U.S. Air Force, the U.S.

Army, and the National Reconnaissance Office in developing their software assurance programs.

MITRE also developed a methodology for assessing software code and identifying flaws prior to software release.

The MITRE Corporation is allowed to accept non-sponsor work provided this work does not impact its primary mission areas. The MITRE Corporation has the technical capabilities to meet the Government’s requirements outlined in Section A of this document.

• Center for Naval Analyses (CNA): September 28, 2017; October 5, 2017

CNA performed preparatory work related to developing information sharing systems by developing concepts and establishing requirements. However, CNA has not developed an actual safety data sharing system that collects and de-identifies proprietary data as described in the first Contractor requirement in Section A of this document.

CNA has developed strategic research roadmaps for the Department of Navy and the FAA. CNA has demonstrated expertise in the area of automation, supporting the U.S. Marine Corps in analyzing its unmanned aircraft systems. CNA also established the Center for Autonomy and Artificial Intelligence. Additionally, CNA has demonstrated experience in software assurance by supporting the Department of the Navy in development of the Naval Synchronization Toolset.

CNA is allowed to accept non-sponsor work but does not satisfy the first Contractor’s requirement in Section A of this document.

• Lincoln Laboratory: September 28, 2017 Lincoln Laboratory was invited via email to provide a description of its capabilities in responding to the requirements outlined in Section A. Lincoln Laboratory did not provide a response to the email.

• Software Engineering Institute (SEI): September 28, 2017 SEI has demonstrated expertise in the area of software assurance in support of the Department of Defense. SEI developed novel approaches to prepare software assurance cases, including techniques for understanding the confidence software developers should have in their software system. SEI also indicated it is familiar with automated vehicles. Through the Computer Emergency Response Team, SEI has demonstrated experience in developing public/private data sharing partnerships such as the Automated Indicator Sharing (AIS) system. AIS shares cybersecurity information between the Government and private sector while ensuring privacy by removing any Personally Identifiable Information.

SEI is also authorized to accept non-sponsor work and has supported the Volpe Center in the past.

However, SEI indicated it is also able to contract directly with the private sector which could potentially affect the independence required of the Contractor. As a result, SEI does not meet the third Contractor requirement in Section A of this document.

C. Background:

The Volpe Center is supporting the National Highway Traffic Safety Administration (NHTSA) in understanding the safety challenges and identifying the research milestones needed to ensure the safe deployment of ADS. The emergence of advanced vehicle technologies such as advanced driver assist systems and ADS have the promise of significantly improving the safety of the traveling public and bringing greater mobility to underserved populations. The Volpe Center and NHTSA are piloting a safety data sharing program to accelerate the safe deployment of ADS. The prototype safety data sharing program developed under this contract will:

1. Collect and secure field operational safety data from automotive manufacturers

2. De-identify the data (e.g., to remove any proprietary information)

3. Provide a point-of-access for the entire automotive industry and Government to view the aggregated operational data.

In order to encourage automotive manufacturers to voluntarily provide proprietary operational safety data to the data sharing system, the Contractor will need to engage all stakeholders to develop the safety data sharing partnership governance structure and controls.

D. Circumstances Requiring the Use of Other Than Full and Open (F&O) Competition.

In accordance with FAR 6.302-3(a)(2)(ii), Industrial mobilization; engineering, developmental, or research capability; or expert services, MITRE is the only FFRDC with the resident expert services and independence in the area of safety data sharing systems to satisfy this requirement; and MITRE also possesses unique expert service capabilities in the area of safety data collection, reduction, and sharing. Contracting with MITRE for this effort will facilitate continued use and expansion of those expert services to develop and operate a safety data sharing program to support the safe deployment of ADS. The MITRE Corporation is the only FFRDC that demonstrates the capabilities needed for meeting the Government’s needs for this requirement. No other source is capable of satisfying the Government’s requirement.

As noted in the market research, an additional area of required expertise is MITRE’s knowledge and demonstration of developing a safety data sharing system for the FAA, the ASIAS system, which is currently in operation. MITRE has extensive experience with automated vehicle research and ADS, having successfully competed in the 2005 DARPA Grand Challenge and more recently through its Transforming Transportation initiative. Finally, the MITRE Corporation developed expertise in software assurance, supporting several Government agencies in developing software assurance programs.

As a not-for-profit FFRDC, MITRE does not accept contracts from commercial entities and is, therefore, uniquely independent from the commercial entities and, consequently, is independent of the automotive industry. It is the Government’s requirement that the Contractor shall be independent from the automotive industry for the safety data sharing partnership to eliminate potential conflicts of interest and encourage manufacturers to freely submit proprietary and safety-relevant data to the data sharing system (third Contractor requirement in Section A). This independence is also critical for ensuring any privileged discussions in the strategic research planning task in Section A does not provide undue advantage to any manufacturers.

As a private sector company, the MITRE Corporation is also independent from the Government. This is also a requirement for the safety data sharing partnership to assure automotive manufacturers that voluntarily submitted safety data will not be used to initiate any legal action (fourth Contractor requirement in Section A).

Based on the foregoing, it is in the Government’s best interest to contract on a sole source basis with MITRE to leverage and increase MITRE’s expert services capabilities in the area of safety data sharing.

E. Steps to Foster Competition (or Consideration)

No steps were taken to foster competition among non-FFRDCs as the third and fourth Contractor requirements in Section A of this document require engaging an FFRDC. As described in Section B of this document, only one FFRDC satisfies the Contractor requirements in Section A of this document.

This action is expected to be a one-time procurement. Should additional work related to ADS be required, the new requirements will be reviewed; and a determination made as to whether the private sector, other than FFRDCs, is capable of meeting the requirements. If the requirements can be met by the private sector, then market research will be conducted to determine whether responsible sources are available.

E. TECHNICAL OFFICE CERTIFICATION:

The requirement set forth is initiated to satisfy a recognized Government need. As applicable, the plans, drawings, specifications, and statement of work are limited to state the minimum needs of the Government. I certify that the above information which serves as the basis for the justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

_original signed by___________ 2/5/2018___________ Date Technical Initiator

Concurred By:

_original signed by___________ _2/5/2018_________ Date

Division Chief

PART II – CONTRACTS SUPPORTING DATA

A. Description of the Procurement Action

This acquisition will result in a new contract award and the anticipated contract type is Cost-Plus- Fixed-Fee (completion type).

B. Authority

This acquisition is conducted under the authority of 41 U.S.C. 3304(a)(3)(B), Use of noncompetitive procedures, as implemented by FAR 6.302-3(a)(2)(ii) – Industrial mobilization; engineering, developmental, or research capability; or expert services.

C. Efforts to Obtain Competition

In accordance with FAR 5.203, a notice of this contract action and the Government’s intention to award as a sole source will be published in the Government Point of Entry, Federal Business Opportunities (FedbizOps). Any information received from potential sources in response to the synopsis will be reviewed by the Government.

D. Fair and Reasonable Cost

The signature of the Contracting Officer (CO) provided below represents that the negotiated price of the contract executed under this justification will be determined to be fair and reasonable pursuant to FAR subpart 15.4 prior to award. The Contractor will be required to provide a proposal, including information other than cost or pricing data for cost realism purposes. The CO will conduct the necessary cost realism and/or price analysis to either confirm the reasonableness of the amount proposed or to establish the Government objectives for purpose of entering into negotiations with the contractor. This determination will be documented in the Price Negotiation Memorandum.

E. REVIEWED FOR LEGAL

SUFFICIENCY:

___original signed by________ ____2/9/2018__________

Volpe Center Attorney Date Office of Legal Services

F. CONTRACTING OFFICER CERTIFICATION:

I certify that the justification is accurate and complete to the best of my knowledge and belief.

___original signed by____________________ ___2/9/2018______ Contracting Officer Date