A02 - JA Redacted.pdf

Control No: JA-20-Adel-0002

National Academies of Science

Technical Assessment Boards

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: Army Research Laboratory Technical Assessment Board

(ARLTAB)

Authority: 10 U.S.C. 2304(C)(4) as implemented by FAR Part 6.302-5 -- Authorized or Required by Statute.

Amount: $5,250,000.00

Prepared by: [Redacted]

Contracting Officer: [Redacted]

Technical: [Redacted]

Requirements: [Redacted]

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

X

Program Manager

Legal Counsel:

Legal Counsel

Technical Assessment Boards

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Army Contracting Command-APG Adelphi Contracting Division White Sands Missile Range (WSMR) Unit ATTN: CCAP-SCA, Building 1622 WSMR, NM 88002.

2. Description of Action: [Redacted] requests a new, five (5) year, cost type contract-no fee with National Academy of Sciences (NAS) 2101 Constitution Ave NW Washington, DC 20418-0007 on the basis of other than full and open competition. Five

(5) years are inclusive of one (1) base year and four (4) option years. The Government projects award for October 31 2019 and fiscal year 2019-2020, Research Development Test and Evaluation (RDT&E) funds will be used.

_X_ An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services: The U.S. Army CCDC ARL requires Technical Assessment Boards (TAB) that oversees and conducts independent assessments of the technical quality of intramural and extramural research programs executed at ARL.

ARLTAB requires the review, findings, and recommendations of a Congressional Charter in the area of sciences and engineering.

The ARLTAB supports up to [Redacted] Each panel is designated to an area of basic research. The assessment board will provide findings and recommendations related to the quality of ARL’s research, development, and analysis programs in publicly releasable reports. The reports are required by the Government for public transparency in regards to the relevancy and quality of ARL research.

The panel(s) conduct their assessment meetings between [Redacted] of each year and will review a sample of [Redacted] of every year. NAS will provide a written report of the panel assessment of [Redacted] During each [Redacted] NAS shall prepare and provide [Redacted] the ARLTAB shall prepare and provide [Redacted] The reports shall offer an integrated assessment of the panels’ conclusions as well as its judgments on specific issues identified in advance by the ARLTAB or requested by the Government. .

The panel(s) will assess the following science, technology, and analysis research areas that are aligned with the [Redacted]

[Redacted]

The proposed acquisition is for one (1) base year with four (4) additional one (1) year options:

Base Period: Nov 1 2019 to Oct 31 2020 [Redacted] Option Period 1: Nov 1 2020 to Oct 31 2021 [Redacted] Option Period 2: Nov 1 2021 to Oct 31 2022 [Redacted]

Technical Assessment Boards

Option Period 3: Nov 1 2022 to Oct 31 2023 [Redacted] Option Period 4: Nov 1 2023 to Oct 31 2024 [Redacted]

Options are included to provide the Government opportunity to extend the contract if the conditions and requirements are unchanged. A five (5) year ongoing need is determined and all options will be evaluated prior to being exercised.

The estimated total value for this five (5) year effort is $5,250,000.00.

4. Authority Cited: 10 U.S.C. 2304(c)(4), as implemented by FAR 6.302-5, Authorized or Required by Statute.

5. Reason for Authority Cited: As described in FAR 6.302-5, full and open competition need not be provide when a statute expressly authorizes or requires that the acquisition be made through another agency from a specified source, or the agency’s need.

NAS was established as a United States nonprofit, non-governmental organization to provide independent, objective advice to the Nation on matters related to science and technology. NAS includes three (3) academies of sciences, engineering, and medicine who work together to provide independent, objective analysis and advice to the Nation and conduct other activities to solve complex problems and inform public policy decisions. NAS acts as advisors and reports to Congress through National Academies Press and Publications. NAS service to Government has become so essential that Congress and the White House have issued legislation and executive orders over the years that reaffirm its unique role.

Statute 36 U.S.C. 150303 Services to United States Government authorizes NAS, on request of the Government, to investigate, examine, experiment, and report on any subject of science or art. NAS may not receive compensation for services to the Government, but the actual expense of the investigation, examination, experimentation, and report shall be paid by the Government from an appropriation for that purpose.

U.S.C. Code 150303 under Executive Order 2859 establishes when the Government determines that the Academy, because of its unique qualifications, is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department’s or agency’s program requirements, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations.

6. Efforts to Obtain Competition: The requirement is not such that competition can be obtained. FAR 6.302-5 states that full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. The Government by statute can go directly to NAS for the required services as cited in the statute. Based on the foregoing, there are not efforts to obtain competition.

7. Actions to Increase Competition: FAR 6.302-5 states that full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. The

Technical Assessment Boards

Government by statute may go directly to NAS for the required services as cited in the statute. Based on the foregoing, there are not efforts to increase competition as Congress and the White House have issued legislation and executive orders over the years that reaffirm the unique role of NAS.

8. Market Research: Market Research was conducted from July 2019 through September 2019 by contacting subject matter experts (SME) within Government and review of all Congressional Charter advisories. The Congressional Charter of the NAS is to investigate, examine, review and provide findings in the area of sciences and engineering. Market Research determined no other entities can fulfill this requirement.

No other market research was conducted due to being authorized by statute.

9. Interested Sources: As required by FAR 5.201 a pre-solicitation synopsis was posted to the Federal Business Opportunities (FBO) website on 01 October 2019 with a closing date of 15 October 2019. The synopsis also functions as a Request for Information (RFI) notifying potential offeror’s who believe they can meet the Government’s requirement may submit a capability statement, proposal, or quotation, which shall be considered. To date no responses were received and no other sources have written to express interest.

10. Other Facts: Procurement history.

a. Procurement History

(1) Contract: W911QX-14-C-0039 Contractor: National Academy of Sciences (NAS) Award Date: July 15th, 2014 Period of Performance 16 July 2014 – 30 October 2019 Dollar Value: $6,718,296.00

(2) Competitive Status: Other than full and open competition

(3) Authority: 10 U.S.C. 2301(C) (1) as implemented by FAR 6.302-1

(1) Contract: W911QX-09-C-0054; Contractor: National Academy of Sciences (NAS) Award Date: April 1st, 2009 Period of Performance: 1 April 2009 - 31 March 2014 Dollar Value: $5,764,391.00

(2) Competitive Status: Other than full and open competition

(3) Authority: 10 U.S.C. 2301(C) (1) as implemented by FAR 6.302-1

(1) Contract: DAAD17-03-C-0017 Contractor: National Academy of Sciences (NAS) Award Date: January 7, 2003 Period of Performance: 1 January 2003 – 31 March 2009 Dollar Value: $3,840,300.19

(2) Competitive Status: Other than full and open competition

(3) Authority: 10 U.S.C. 2301(C) (1) as implemented by FAR 6.302-1

(1)Contract: DAAD17-99-C-0081 Contractor: National Academy of Sciences (NAS) Award Date: September 27th, 1999

Technical Assessment Boards

Period of Performance: 27 September 1999 – 29 Dec 2002 Dollar Value: $1,753,572.13

(2) Competitive Status: Other than full and open competition

(3) Authority: 10 U.S.C 2301(C) (1) as implemented by FAR 6.302-1

(4) Contents of paragraph seven (7) of the justification for the previous contract action

W911QX-14-C-0039:

[Redacted] will continue to monitor the market to identify any potential qualified sources for efforts of this nature. There is no applicable technical data package to be acquired to enhance future competition. The statement of work is suitable for full and open competition; however, the market place is narrowly defined by competitively acquired under a break out program. This procurement is not a “one-time-but: nor for a commercially available, off-the-shelf product”.

(5) No prior acquisitions were accomplished by full and open competition.

(6) An explanation of any unusual patterns which may be revealed by the history; e.g., several consecutive, urgent buys:

NAS serves a unique role and the FAR has set authority limitations to any contract requiring NAS, a non-governmental organization. No other Congressional Charter organization has been formed to date.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes:

[Redacted]

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Associate Director Executive Staff

Technical Certifier (Tech)

Technical Assessment Boards

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Deputy Chief Scientist

Requirements Certifier

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable. Actions anticipated to ensure cost/price reasonableness will be accomplished in accordance with procedures and criteria contained in the Federal Acquisition Regulation as supplemented and the Armed Services Pricing Manual. Detailed documentation and justification of cost/price reasonableness will be disclosed in official contract file.

This determination will be made using the following:

_X_ Cost analysis __ Price analysis __ Should cost

_X_ IGE

__ Audit: __ Other:

As a part of this basis, certified cost or pricing data:

_X_ Will be required.

__ Will not be required and the following exception applies (FAR 15.403):

_ _ Prices that will be agreed upon are based on adequate price competition.

__ Prices that will be agreed upon are based on prices set by law or regulation.

__ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

Technical Assessment Boards

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Contracting Officer (KO)

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer (KO)

Technical Assessment Boards

Approval Based on the foregoing justification, I hereby approve the procurement of the ARLTAB, for an estimate of $5,250,000.00 for one (1) base year and four (4) option years on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(4), as implemented by FAR 6.302-5, Authorized or Required by Statute, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Advocate for Competition

(End of J&A)