A04_JA_Syn_Bio_Study_Final.pdf

FOR OFFICIAL USE ONLY

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION DIRECTORATE

11 August 2016

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Justification

1. Identification of the agency and contracting activity:

Requiring Agency

Office of the Deputy Assistant Secretary of Defense, Chemical and Biological Defense

3030 Defense Pentagon

Washington, D.C. 20301-3030

Contracting Activity

WHS, Acquisition Directorate

1225 S. Clark Ste, Ste 910

Arlington, VA 22202

2. Nature of Action Being Approved:

This justification and approval anticipates the award of a sole source contract to the National

Academy of Sciences (NAS) for the Office of the Deputy Assistant Secretary of Defense, Chemical and Biological Defense (NCB/CBD).

3. Description of Supplies or Services:

To assist the US Department of Defense’s Chemical and Biological Defense Program

(CBDP), The National Academies of Sciences, Engineering, and Medicine will appoint an ad hoc committee to address the changing nature of the biodefense threat in the age of synthetic biology. Specifically, the focus of the study will be the manipulation of biological functions, systems, or microorganisms resulting in the production of a disease-causing agent or toxin. The study will be conducted in two primary phases. Initially, the

Committee will develop a strategic framework to guide an assessment of the potential security vulnerabilities related to advances in biology and biotechnology, with a particular emphasis on synthetic biology. The contract's anticipated period of performance will 21-months. The estimated maximum dollar value of the contract is

$1,200,000.

4. Statutory Authority:

FAR 6.302-5(c) (iii) (B) - Authorized or required by statute

36 USC 150303 provides the authority that the National Academy of Science "shall investigate, examine, experiment, and report on any subject of science or art.” As a result, this procurement will be entered into with the Natioanl Academy of Sciences on a sole-source basis to provide the study as described above. Additionally, “the corporation 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.” This procurement will be issued in the form of a cost-reminbursable contract, and the funding will be available on a Research, Development, Testing and Evaluation line of accounting.

5. Rationale for Authority Cited:

NCB/CBD recognizes the requirement for full and open competition wherever practicable.

However, due to the nature of the work to be performed, the contractor must have the ability to draw on leading experts from scientific and technical disciplines, possess the requisite experience with data analysis techniques to discern trends and indicators within large data sets, and generate deliverables that are independent, objective, peer-reviewed, authoritative and publicly disseminated.

NAS is uniquely qualified to assemble scientific, engineering and medical expertise from the public and private sectors to address the changing nature of the biodefense threat in the age of synthetic biology. The independence of the institution, combined with the unique ability to convene experts, allows it to be responsive to a host of requests across DOD. The reports of the

NAS are viewed as valuable and credible because it must be reviewed by a diverse group of experts other than its authors before it may be released outside of the institution. This independent, rigorous review is a hallmark that distinguishes the NAS from many other organizations offering scientific and technical advice. Because of these unique qualifications, NAS has been identified as the only source which can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the program requirements of the NCB/CBD.

6. Efforts to Identify Potential Sources:

The statutory requirement for utilization of the National Academies of Science for the required services precludes the need to identify additional sources for this sole source procurement. IAW FAR 5.201, a notice of intent to award a sole source contract will be published on Federal Business Opportunities (FBO).

7. Determination of Price Fair and Reasonableness:

Cost analysis will conducted to ensure that the proposal received from the National Academy of Sciences is fair and reasonable for the work to be performed.

8. Description of Market Research:

As stated above, the statutory requirement for utilization of the National Academies of Science for the required services precludes the need to identify additional sources for this sole source procurement and does not require the identification of potential sources for future requirements. Formal market research was not conducted and would not establish further competition since only one source has the unique qualifications necessary to satisfy NCB/CBD’s requirements.

9. Other Facts:

The NAS policy that it will not compete for contract awards is based on the organization's status as a unique institution specifically chartered by the U.S. Congress for the purpose of providing scientific advice and assistance to the Government and other sponsors. The Academy's unique position within the scientific community enables it to assemble the Nation's most eminent scholars who serve as volunteers without compensation on hundreds of committees and boards.

These unique qualifications are confirmed by the Academy's Federal Charter, codified in the U.S. Code at 36 U.S.C. 150303.

10. List of Interested Sources:

None. The notice of intent to sole source will be posted to FBO.

11. Statement of Actions to Remove or Overcome Barriers to Competition:

NCB/CBD will conduct market research to investigate the possibility of other contractors performing future efforts as they arise.

12. Certifications

I certify as the technical or requirements personnel that the basis for the justification is complete and accurate.

Karan Williams

Nuclear Matters/OASD (CBD)

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

Matt Trangenstein

Contracting Officer

Based on the information presented in this document, I approve the procurement of this requirement in the absence of competition.

Mr. David D. Sanders

Competition Advocate