JOFOC for MITRE Corp JASON Program Final SIGNED.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NATIONAL NUCLEAR SECURITY ADMINISTRATION

PROGRAM MANAGEMENT AND LOGISTIC SUPPORT FOR THE

JASON PROGRAM

Contract No. 89233219DNA000001/89233219FNA400003

February 13, 2020

I. AGENCY IDENTITY AND CONTRACTING OFFICE

The Office of Defense Programs (NA-10) of the U.S. Department of Energy (DOE), National Nuclear Security Administration (NNSA), plans to contract for program management and logistic support for JASON and its members, referred to as “The JASONs” (JASON Program) by means of other than full and open competition. NNSA will lead this effort, with participation from other United States (U.S.) Government agencies. The primary agencies that will order studies and research under this effort include, but are not limited to: the Department of Defense (DoD), the Office of the Director of National Intelligence (DNI), the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA), the DOE, the Federal Bureau of Investigation (FBI), and the Department of Homeland Security (DHS). Other Federal Government agencies may also participate. The contracting activity is the NNSA’s Office of Acquisition Management

(NA-APM-10).

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This document sets forth the justification and approval for an exception to full and open competition allowed under the Competition in Contracting Act (CICA) of 1984 and FAR 6.302- 1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” The DOE/NNSA intends to issue modifications P00005 and P00008 to extend Master Task Order Indefinite Delivery, Indefinite Quantity (IDIQ) contract No.

89233219DNA000001 and Program Management Task Order 89233219DNA000001/89233219FNA400003, respectively, for up to one year, on a sole-source basis to The MITRE Corporation (MITRE), located at 7515 Colshire Drive, McLean, VA 22102, to continue to provide management and logistic support to the JASON and its members, referred to as “the JASONs.”

MITRE is a not-for-profit organization and Federally Funded Research and Development Center (FFRDC) that has managed the JASON Program for 37 years under the DoD. On April 30, 2019, MITRE’s Contract HQ0034-14-D-0009 with DoD’s Under Secretary of Defense for Research and Engineering (USD(R&E)), the Washington Headquarters Services (WHS), Acquisition Directorate expired.

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Since NNSA and other agencies had critical national security support studies that JASON were performing or scheduled to perform in Fiscal Year (FY) 2019, NNSA took over this requirement in late April. On April 25, 2019, NNSA published a Notice of Intent (NOI) to Sole Source a contract to MITRE and awarded IDIQ contract No. 89233219DNA000001 to MITRE on June 6, 2019. Two Task Orders were then issued to MITRE under their Master IDIQ, one for Program Management Support (Task Order No. 89233219FNA400003) and one for JASON Studies (Task Order No. 89233219FNA400004) on June 25, 2019 and July 16, 2019, respectively.

NNSA is extending MITRE’s Master IDIQ contract No. 89233219DNA000001 and Program Management Task Order 89233219DNA000001/89233219FNA400003 to provide for continuity of services and the completion of existing studies while the requirements of Section 222, Advisory Role of JASON Scientific Advisory Group, of the FY 2020 National Defense Authorization Act (NDAA) are put into place. NNSA intends to negotiate and issue a new Task Order for JASON Studies under the Master IDIQ once the final number of studies are identified in the March/April 2020 timeframe.

III. DESCRIPTION OF SUPPLIES AND/OR SERVICES

The JASON program assists the missions of U.S Government agencies with studies and scientific research in matters of national security. Under the Program Management Task Order, MITRE provides program management and logistic support to the JASON and its members, referred to as “The JASONs.” The JASONs are a group of scholars with their own charter and are independent of the Government. They conduct highly specialized studies to help support the nation’s mission goals for national security. Many of these studies are classified.

Specific support provided by MITRE under this Task Order includes: coordinating all travel for each JASON (approximately 70 JASONs); preparing for, scheduling, and hosting the meetings that the JASONs attend (minimum four per year, Spring, Summer, Fall, and Winter); preparing and submitting all proposals for each Government sponsored research topic, both unclassified and classified; and coordinating all final study reports to each Government sponsor. The support also includes writing agreements for all JASONs to ensure their continued support to the NNSA and other Government agencies.

The cost of the extension of the Program Management Task Order is $5,624,183 for a total task order value of $10,342,495.82. The ceiling of the Master IDIQ will increase from $6,667,091 to $13,000,000 to cover the increase to the Program Management Task Order and the future negotiated JASON Studies Task Order.

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IV. AUTHORITY

The statutory authority permitting other than full and open competition is 41 USC 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.”

V. APPLICATION OF AUTHORITY

MITRE is the only source that possesses the capabilities (i.e., personnel, equipment infrastructure, and specific expertise) needed to meet the Government’s requirement in the time frame required and is the only non-profit entity that has the ability to start performing immediately upon contract award. MITRE is also the only known source that possesses the knowledge and expertise in order to successfully execute this requirement. Over the past 37 years, MITRE has invested a substantial amount of time and effort in building the JASON Program, maintaining relationships with government agencies who use the JASONs for national security studies, and maintaining the facilities in La Jolla, California and McLean, Virginia, where classified and unclassified work is performed. These facilities are safeguarded to protect information up to Top Secret/Sensitive Compartmented Information (TS/SCI) and are outfitted with accredited government furnished equipment (GFE).

A substantial investment in time, money, and resources would be necessary for any other entity to provide the capability to take over the JASON Program. Additionally, as noted in Section VI below, no other non-profit or not-for-profit expressed interest or responded to NNSA’s notice of intent to sole source this requirement to MITRE.

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

NNSA published a Notice of Intent to issue modifications to extend MITRE’s IDIQ Contract No.

IDIQ contract No. 89233219DNA000001 and Program Management Task Order 89233219DNA000001/89233219FNA400003, for up to one year, on a sole source basis. The notice was published under Contract No. 89233219DNA000001 to the general public through Beta.Sam.Gov on January 9, 2020 and was active for 15 days. There has been no other interest shown by either large or small businesses or non-profit and not-for-profit companies in performing this work.

VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

In accordance with FAR 15.404-1(a)(3), a cost analysis was performed to evaluate the individual elements of costs. The cost analysis included obtaining historical data, vendor quotes, and other cost or pricing data to evaluate the amounts proposed. In addition the overall price was compared to the Independent Government Cost Estimate (IGCE). The cost analysis and price analysis demonstrate the final negotiated amount is fair and reasonable.

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VIII. MARKET RESEARCH

Prior to the approval of the FY20 NDAA, On November 15, 2019, NNSA’s APM published Source Sought 89233220NNA000001 on behalf of the Office of Defense Programs (NA-10) to conduct a market survey to determine the availability and technical capability of qualified small businesses, small disadvantaged businesses (SDB), 8(a) small businesses, woman-owned small businesses (WOSB), veteran owned small businesses (VOSB), service-disabled veteran-owned small businesses (SDVOSB), and Historically Under-utilized Business Zone (HUBZone) small businesses capable of providing program management and logistics support to the JASON Program and its members, referred to as “The JASONs”. NNSA received capability statements from three Small Business and one non-profit organization. The NNSA reviewed and analyzed the capability statements and determined that the three Small Businesses were not capable.

Once the FY20 NDAA was passed, NNSA suspended its acquisition planning for its follow-on contract for Program Management Support for the JASON Program and determined that the most appropriate path forward was to extend its current contracts while the requirements of the NDAA’s Section 222, Advisory Role of JASON Scientific Advisory Group, are put into place.

NNSA published a Notice of Intent to issue modifications to extend MITRE’s IDIQ Contract No.

89233219DNA000001 and Program Management Task Order 89233219DNA000001/89233219FNA400003, for up to one year, on a sole source basis. The notice was published under Contract No. 89233219DNA000001 to the general public through Beta.Sam.Gov on January 9, 2020 and was active for 15 days. There has been no other interest shown by either large or small businesses or non-profit and not-for-profit companies in performing this work.

IX. OTHER FACTS

None.

X. INTERESTED SOURCES

As stated above in Section VI, no companies submitted a response to the Notice of Intent expressing interest in executing this requirement.

XI. STEPS TO FOSTER COMPETITION

As stated in its notice of intent and Section II, NNSA is extending MITRE’s Master IDIQ contract No. 89233219DNA000001 and Program Management Task Order 89233219DNA000001/89233219FNA400003 to provide for continuity of services and the completion of existing studies while the requirements of Section 222, Advisory Role of JASON Scientific Advisory Group, of the FY20 NDAA are put into place.