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Control No: JA-21-Edg-151 Joint Research and Development (JRAD)

Chemical Biological Test Division Laboratory Technical Support

(CBTDLTS) CUI

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

Program Manager:

Name:

Signature:

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

1. Contracting Activity: U.S. Army Contracting Command-Aberdeen Proving Ground, Edgewood Contracting Division (ACC-APG ECD) 8456 Brigade Street Aberdeen Proving Ground, MD 21010-5401.

2. Description of Action: The U.S. Combat Capabilities Development Command, Chemical Biological Center, Chemical Biological Test Division (DEVCOM CBC CBTD), Protection Detection Test Branch (PDTB) and Detection Branch (DT) has a recurring requirement to obtain chemical surety laboratory support and requests a Cost Reimbursement contract with Joint Research and Development, Inc. (JRAD), located at 50 Tech Parkway, Suite 209 Stafford, VA 22556. The Government projects award of this contract for July 2021 using Fiscal Year (FY) 2021, Research, Development, Test, and Evaluation (RDT&E) funds. The Period of Performance for this effort is 01 August 2021 through 31 July 2024.

3. Description of Services:

The CBTD, which includes the PDTB and the DB, requires qualified chemical surety laboratory technical experience and expertise, technical laboratory work, programmatic support for applied research, technology evaluation, methodology development, systems development to defeat chemical/biological threats and to evaluate materials for customer programs that reflect areas of individual and collective protection of the war fighter and first responders. A specialized requirement to have an active Chemical Personnel Reliability Program (CPRP) certification on day one of contract award is critical and is specifically identified in the Department of the Army (DA) Pamphlet 40-173 and DA Pamphlet 385-61.

In addition, this procurement will allow for the following tasks: support on test approaches, methodologies, lab instrumentation, proper waste disposal, Subject Matter Expertise (SME), surety chemical and technical expertise to conduct analysis on specialized analytical equipment and administrative support to the CBTD. Administrative support will include developing and maintaining a specialized quality management system, maintaining of supply lists, placing orders and inspection/acceptance of equipment/supplies to ensure conformity to this specialized quality management system.

The mission of the CBTD is to provide support to the National Chemical Defense mission and the Warfighter by developing and validating methods for laboratory testing and analyses of chemical warfare agents, and toxic industrial chemicals. Furthermore, the mission of the PDTB and DB includes the evaluation of chemical protective equipment used by the nation’s warfighters.

The resultant contract will be a Cost reimbursement contract with an anticipated Period of Performance (PoP) from 01 August 2021 through 31 July 2024 and a Government estimated total value of $3,917,480.10. The basis for the development of the Independent Government Estimate (IGE) includes historical data under current support efforts to included W911SR-17-C-0054 and W911SR-17-C-0055 awarded on 31 July 2017, consideration of sustaining recurring projects where DEVCOM CBC is the

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Base Period: 8/1/2021 to 7/31/2022 Value: $1,284,357.80 Option Period 1: 8/1/2022 to 7/31/2023 Value: $1,305,398.16 Option Period 2: 8/1/2023 to 7/31/2024 Value: $1,327,724.14

Total: $3,917,480.10

The use of options for this requirement is in the best interest of the Government. This contract represents the Government’s minimum needs for this requirement. Options are required based on DEVCOM CBC’s availability of funding in out-years and shall be exercised as funding becomes available.

4. Authority Cited: 10 U.S.C. 2304(c)(5) as implemented by FAR Part 6.302-5 – Authorized or Required by Statue (Refer to FAR Part 6.302-5(b)(6) Sole source awards under Veterans Benefits Act of 2003, 15 U.S.C. 657f, Procurement Program for Small Business Concerns Owned and Controlled by Service-Disabled Veterans.)

5. Reason for Authority Cited: As described in FAR 6.302-5, 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, or the agency’s need is for a brand name commercial item for authorized resale.

FAR 6.302-5(b)(6) and FAR 19.1406 permit the Government to procure supplies and services from Service-Disabled Veteran-Owned Small Business (SDVOSB) contractors via sole source awards. Pursuant to FAR 19.1406(a), the contracting officer has determined that:

a. There is not a reasonable expectation that offers would be received from two or more SDVOSB small business concerns.

b. The anticipated price of the contract will not exceed the $4 million threshold for the North American Industry Classification System (NAICS) code for this procurement, which is 541715 - Chemical research and development laboratories or services (except biotechnology research and development);

c. This work is not currently being performed by an 8a participant under the provisions of subpart 19.8 or been accepted as a requirement by SBA under subpart 19.8;

d. In accordance with FAR 9.104-1, the SDVOSB small business concern is determined to be a responsible contractor.

e. Award can be made at a fair and reasonable price.

Unique Qualifications of Contractor and Data: Based on the results of market research, JRAD has been identified to be the only capable SDVOSB that can meet the “Chemical Biological Test Division Laboratory Support (CBTDLTS) requirements. This Contractor has been performing successfully within the terms and conditions of the current contract.

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In addition, a thorough understanding of chemical detection, chemical protective materials, decontamination, chemical demilitarization, and other military life cycle programs are crucial requirements for this effort. To date, DEVCOM CBC is the only Government agency currently seeking to contract this type of service. Each of these specialized efforts involves access to Chemical Warfare surety materials; therefore, it is critical that personnel possess an active CPRP or the ability to obtain an active CPRP with DEVCOM CBC on day one of contract award.

6. Efforts to Obtain Competition: The Contracting Officer has published the notice required by FAR 5.201 on 22 January 2021. To date, no other certified SDVOSB sources have written to express interest in the acquisition.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: While subcontracting is not required by a small business concern, FAR clause 52.244-5 “Competition in Subcontracting”, will be included in the solicitation and contract to direct the contractor to select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract, thereby assuring that the contractor obtains as much competition as possible in its subcontracting.

7. Actions to Increase Competition:

In order to identify new sources and to maximize competition to the fullest extent, the Government will: (1) continuously monitor the companies capable of performing chemical surety laboratory support by interacting with the CPRP monitor at DEVCOM CBC, 2) perform queries using the Small Business Administration (SBA) Small Dynamic Business search website, 3) review existing Government contracts, 4) contact other Government agencies, and 5) publish formal Requests for Information (RFI’s).

8. Market Research:

Various market research activities were conducted by DEVCOM CBC CBTD during 01 July 2019 through 05 February 2021 in order to determine if any other certified SDVOSB sources could provide the capability that would meet the Government’s requirement. The DEVCOM CBC CBTD and ACC- APG ECD, in accordance with FAR Part 10, conducted market research by performing the following:

a. Issued a formal Sources Sought and draft Performance Work Statement (PWS): A

Sources Sought was posted 06 January 2021 with a response date of 05 February 2021 via www.beta.sam.gov . The intent was to specifically target other certified SDVOSB’s available who would identify that they are technically capable to provide the level of support needed for the CBTDLTS effort. Market research concluded that only one SDVOSB company, JRAD, responded. JRAD was determined to have the required capabilities to meet the CBTDLTS requirements.

b. The Government used the Small Business Association (SBA) Small Dynamic

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Business search website https://web.sba.gov/pro-net/search/dsp_profilelist.cfm periodically in an attempt to identify any other certified SDVOSB who may be capable of performing the CBTDLTS requirements. This tool was utilized using the program term “Research and Development”. The search result produced 35 SDVOSB companies. The Government reviewed the profile of the selected companies to confirm whether any of them were capable of performing this work. To date, JRAD has shown they have the required CPRP certification and the specialized experience to perform the sophisticated level of work in the capacity as prescribed by the CBTDLTS PWS. Although several of the companies documented that they provide cybersecurity, consulting for management, and systems engineering for acquisition programs they do not satisfy the CBTDLTS capabilities necessary to meet the requirements of the CBTD mission.

c. Contacted knowledgeable Government and industry people, which include the CPRP

Program Coordinator from DEVCOM CBC, who provided informational lists of all possible sources that have an active PRP program due to the critical requirement of possessing an active CPRP certification on day one of contract award. In addition, branch chiefs from PDTB, DB Biosciences Test Division, and Decontamination Sciences Branch were surveyed to determine if other agencies/directorates may have knowledge of capable sources to successfully support the requirements. The results determined that no other SDVOSB exist that can conduct the work.

d. Used Internet tools and performed Web searches of local chemical laboratory support services (https://www.infoscitex.com, http://www.excetinc.com/, https://www.jacobs.com, https://jrad.us, https://www.leidos.com, https://scitechinc.com): The Internet searches involved using Google and various program terms such as “Aberdeen Proving Ground Chemical Laboratory Services Contractors” to identify possible sources for technical and program management support, which resulted in no SDVOSB sources being identified.

e. Based on the detailed information above, An “Intent to Sole Source” was posted on

22 February 2021 with a response date of 09 March 2021. One vendor responded to the intent to sole source notice. No other SDVOSB sources have been identified.

Based on efforts to obtain competition from other certified SDVOSB sources and the results of this Market Research Report, the Contracting Officer does not have a reasonable expectation that offers would be received from two or more certified SDVOSB’s.

9. Interested Sources: The notice required by FAR 5.201 was published on 22 February 2021 through 09 March 2021. To date, no other certified SDVOSB sources have written to express interest in the acquisition.

As a result of the Sources Sought posted on 05 January 2021, the following source expressed interest in the acquisition:

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Awarded Contractor: Joint Research and Development (JRAD) Description of requirement: Provide support to the DB DEV COM CBC Engineering Directorate for Chemical Surety laboratory experience and expertise, technical laboratory work and programmatic support for applied research, technology evaluation, methodology development and systems development to defeat chemical and biological threats.

Method of procurement: Sole-Source to a certified SDVOSB Contract type: Cost Reimbursement Period of performance: 31 July 2017 through 31 July 2021 Total awarded amount: $4,000,000.00 Basis for fair and reasonable pricing: Cost/Price analysis Justification/Approval Control number: JA-EDG-17-406 Statutory Authority: 10 U.S.C. Section 2304(c)(5), as implemented by FAR 6.302-5(b)(6) – “Service-Disabled Veteran-Owned Small Business Procurement Program”.

Contract number: W911SR-17-C-0055 awarded 31 July 2017

Description of requirement: Provide support to the PBTB for Chemical Surety laboratory experience and expertise, technical laboratory work and programmatic support for applied research, technology evaluation, methodology development and systems development to defeat chemical and biological threats.

Method of procurement: Sole-Source to a certified SDVOSB Contract type: Cost Reimbursement Period of performance: 31 July 2017 through 31 July 2021 Total awarded amount: $3,998,155.74 Number of option periods: Two Number of Offerors: One Source Selection Method: sole-source to certified SDVOSB Basis for fair and reasonable pricing: Cost/Price analysis Justification/Approval and Control Number: JA-EDG-17-483 Statutory Authority: 10 U.S.C. Section 2304(c)(5), as implemented by FAR 6.302-5(b)(6) – “Service-Disabled Veteran-Owned Small Business Procurement Program”.

LIMITED INFORMATION AVAILABLE - Contract number: W911NF-11-D-0001 Awarded Contractor: Battelle/Subcontract Description of requirement: Provide support to the DB for Chemical Surety laboratory experience and expertise, technical laboratory work and programmatic support for applied research, technology evaluation, methodology development and systems development to defeat chemical and biological threats.

Method of procurement: Unrestricted/Competitive Contract type: Cost Reimbursable Period of performance: 09 June 2016 – 08 December 2017 Basis for fair and reasonable pricing: Cost/Price analysis

LIMITED INFORMATION AVAILABLE - Contract number: W911NF-11-D-0001 Awarded Contractor: Battelle/Subcontract Description of requirement: Provide support to the PDB for Chemical Surety laboratory experience and expertise, technical laboratory work and programmatic support for applied research, technology evaluation, methodology development and systems development to defeat chemical and biological threats.

Method of procurement: Unrestricted/Competitive

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Contract type: Cost Reimbursable Period of performance: 18 July 2016 – 17 July 2017

Contract number: W911SR-10-D-0019 Task Order 0001 awarded 24 April 2013

Description of requirement: Provide support to the DB for Chemical Surety laboratory experience and expertise, technical laboratory work and programmatic support for applied research, technology evaluation, methodology development and systems development to defeat chemical and biological threats.

Method of procurement: Competitive Small Business Suite – awarded under a multi-award Indefinite Delivery Indefinite Quantity (IDIQ) contract Contract type: Cost Reimbursement Period of performance: 24 April 2013 through 23 July 2016 Total awarded amount: $1,058,506.00 Number of option periods: Two Number of Offerors: Two Source Selection Method: Competitive Lowest Price Technically Acceptable (LPTA)

Contract number: W911SR-10-D-0019 Task Order 0002 awarded 28 May 2013

Description of requirement: Provide support to the PBTB for Chemical Surety laboratory experience and expertise, technical laboratory work and programmatic support for applied research, technology evaluation, methodology development and systems development to defeat chemical and biological threats.

Method of procurement: Competitive Small Business Suite – awarded under a multi-award Indefinite Delivery Indefinite Quantity (IDIQ) contract Contract type: Cost Reimbursement Period of performance: 29 May 2013 through 06 August 2016 Total awarded amount: $1, 863,282.60 Number of option periods: Two Number of Offerors: One Source Selection Method: Competitive Lowest Price Technically Acceptable (LPTA)

(2) Based on the procurement history detailed above, past efforts W911SR-17-C-0054 and W911SR-17-C-0055 have been awarded sole source under the authority of 10 U.S.C.

Section 2304(c)(5), as implemented by FAR 6.302-5(b)(6) – “Service-Disabled Veteran- Owned Small Business Procurement Program” . Market research concluded that an only one SDVOSB was identified as a viable source to successfully satisfy the CBTDLTS requirements. To date, no significant changes have occurred.

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

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

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13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: cost/price analysis to discern whether the cost proposed are current, allowable, and allocable in comparison to previously completed similar efforts IGE. The basis for the development of the IGE was procurement history and historical costs with the same or similar requirements that have been successfully performed under contracts W911SR-17-C-0054 awarded 31 July 2017 and W911SR-17-C-0055 awarded 31 July 2017.

As part of this basis, and in accordance with FAR 15.403-4(a)(1), certified cost or pricing data will be required.

Name: Brian Mazen Date:

Title: Contracting Officer Signature

Digitally signed by

MAZEN.BRIAN.E.1387647780

.E.1387647780 Date: 2021.04.08 15:43:52

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

Name: Brian Mazen Date: Digitally signed by

MAZEN.BRIAN.E.1387647780

Title: Contracting Officer Signature: .E.1387647780 Date: 2021.04.08 15:44:10

MAZEN.BRIAN

MAZEN.BRIAN

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Approval

Based on the foregoing justification, I hereby approve the procurement of CBTDLTS services to provide qualified chemical surety laboratory technical support for the estimated amount of $3,917,480.10 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(5), as implemented by FAR Part 6.302-5(b)(6) – Authorized or Required by Statute, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Name: Date:

Title: Command Advocate for Competition Signature: