J A_-_HQ0034-13-D-0003-0002_Redacted.pdf

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C.

2304(c)(1).

JUSTIFICATION

1. AGENCY AND CONTRACTING ACTIVITY: (FAR 6.303-2(b)(1))

Agency:

Department of Defense Office Secretary of Defense - Cost Assessment and Program Evaluation 1800 Defense Pentagon Room 3C-117 Washington, DC 20301

Contracting Activity:

Department of Defense Washington Headquarters Services – Acquisition Directorate 1155 Defense Pentagon Washington, DC 22301-1155

2. NATURE/DESCRIPTION OF ACTION(S): (FAR 6.303-2(b)(2))

This action is for the WHS Acquisition Directorate to award a task order on a sole source basis under contract HQ0034-13-D-0003 to Johns Hopkins University/Applied Physics Laboratory (JHU/APL) on behalf of OSD CAPE. This contract will be awarded to JHU/APL in its capacity as a Department of Defense University Affiliated Research Center (UARC). UARCs enable DoD to establish and maintain long-term strategic relationships with selected universities, to conduct essential research, development, and scientific and engineering expertise in core competency areas important to DoD.

The total estimated value for this task order is

3. DESCRIPTION OF SUPPLIES/SERVICES: (FAR 6.303-2(b)(3))

JHU/APL shall provide independent, objective system engineering and analysis expertise in support of CAPE

The analysis will include a characterization of the costs and benefits associated with

4. IDENTIFICATION OF STATUTORY AUTHORITY: (FAR 6.303-2(b)(4))

The statutory authority permitting other than full and open competition for this effort is 10 U.S.C. 2304(c)(3) as implemented in FAR 6.302-3(a)(2)(ii): “To establish or maintain an essential engineering, research, or development capability to be provided by an educational or other non-profit institution or a federally funded research and development center.”

5. JUSTIFICATION FOR USE OF AUTHORITY CITED: (FAR 6.303-2(b)(5))

In accordance with the responsibilities outlined in the DoD UARC Management Plan, the Contracting Officer (representing the Contracting Activity), along with CAPE (as the Tasking Activity), made the determination that that this task order is within the overall scope of, and can be satisfied under, the WHS/AD UARC contract with JHU/APL (reference HQ0034-13-D- 0003). The defined tasks for this requirement fall within the UARC’s core competencies for which WHS/AD envisioned when awarding the basic IDIQ contract to JHU/APL.

The Department of Defense (DoD) establishes relationships with UARCs on a competitive basis with limited domains in defined core competencies. The Director, Defense Research and Engineering (DDR&E), designated JHU/APL as a UARC in order to maintain essential engineering, research, and development capabilities across the Department of Defense. The required services under this task order are consistent with the UARC's DoD mission and its core competencies. JHU/APL receives sole source funds on average, exceeding $6 million annually under authority of 10 U.S.C. §2304(c)(3)(B), and as such requires use of the authority cited in #4 above as dictated in the Department of Defense UARC Management Plan, and the Department of Defense UARC Engagement Guide.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES: (FAR 6.303-2(b)(6))

A notice of the Government's intent to issue a task order under contract HQ0034-13-D-0003 on a sole source basis to JHU/APL was posted to FedBizOpps on August 7, 2013. The Government did not receive any response or challenge from industry to this notice by the due date.

In accordance with FAR 5.202(a)(10), a notice of proposed award is not required. However, in accordance with 10 U.S.C. §2304(1), as implemented by FAR 6.305, the approved justification will be made publicly available on FedBizOpps within 14 days after contract award.

7. DETERMINATION OF FAIR AND REASONABLE COST: (FAR 6.303-2(b)(7)) (A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.)

The Contracting Officer will ensure that the final negotiated price for all orders placed under this contract are fair and reasonable by using price, cost, and cost realism analysis techniques found in FAR 15.404, to include a comparison with the respective Independent Government Estimate(s) and historical information.

8. DESCRIPTION OF MARKET RESEARCH: (FAR 6.303-2(b)(8))

This requirement is for work that was originally contemplated under the award of the JHU/APL UARC contract with WHS/AD. Moreover, the Department of Defense UARC Engagement Guide encourages DoD components to “examine the capabilities of DoD UARCs to determine if it can provide [the component] with research or analytic support.” As such, CAPE reviewed the core competencies of the 13 established DoD UARCs and determined that their requirement aligns most closely with the core competencies of the JHU/APL UARC. The Contracting Officer also conducted an independent scope evaluation and determined that the CAPE requirement for this support is within the overall scope of, and can be satisfied under, WHS/AD’s existing IDIQ contract with JHU/APL. In accordance with the DoD UARC Management Plan, the JHU/APL UARC does not substantially duplicate capabilities existing at another established DoD UARC.

Additionally, as previously mentioned, a notice of the Government's intent to issue a task order under contract HQ0034-13-D-0003 on a sole source basis to JHU/APL was posted to FedBizOpps on August 7, 2013 in order to gage commercial industry interest in this requirement.

The Government encouraged industry to briefly identify their capabilities with respect to this requirement but did not receive any response or challenge from industry by the specified due date.

The Johns Hopkins University/Applied Physics Laboratory (JHU/APL) has previously provided support to CAPE under the UARC contract issued by Naval Sea Systems Command (NAVSEA) as the Primary Sponsoring Agency. WHS/AD has been designated as the single enterprise contracting office for the OSD community, and has recently awarded an IDIQ contract to JHU/APL under the authority of 10 U.S.C. §2304(c)(3)(B) as an authorized Contracting Activity (reference HQ0034-13-D-0003). Note: While only one DoD Agency will be formally designated as Primary Sponsor (i.e. NAVSEA in this case) for a UARC, multiple Contracting Activities for a single UARC are possible in accordance with the DoD UARC Management Plan.

CAPE has been directed by senior DoD leadership to utilize WHS/AD for all of their contracting requirements. Since WHS/AD now has a contract in place under the UARC with JHU/APL, CAPE’s requirement is able to be appropriately serviced through the proper channel.

9. ANY OTHER SUPPORTING FACTS: (FAR 6.303-2(b)(9))

The operational experience that JHU/APL has gained over the years is consistent with DoD’s defined characteristics of the UARC relationship; specifically, “to provide comprehensive knowledge of sponsors requirements and problems; to provide current operational experience; to provide independence and objectivity; and to provide responsiveness to evolving sponsor requirements.” Utilizing another DoD UARC is not appropriate as the tasks in this requirement align with the key technical areas of JHU/APL for which they were strategically designated as a DoD UARC.

10. LISTING OF INTERESTED SOURCES: (FAR 6.303-2(b)(10)).

A notice of the Government's intent to issue a task order under contract HQ0034-13-D-0003 on a sole source basis to JHU/APL was posted to FedBizOpps on August 7, 2013, and the Government did not receive any response or challenge from industry to this notice by the due date.

11. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: (FAR 6.303-

2(b)(11))

Generally, UARCs may not compete against industry in response to competitive Requests for Proposals (RFPs) for development that involve engineering expertise developed or sustained through contracts awarded under 10 U.S.C. §2304(c)(3)(B). However, in accordance with the DoD UARC Management Plan, if JHU/APL’s capabilities for this task order are made available to one industry partner, the UARC capabilities will be made equally available to all potential industrial partners.

Additionally, the duration of this task order has been limited to the maximum extent practicable to align this requirement with the Department’s Better Buying Power initiatives. The Government will more frequently review its requirement and continue to survey the marketplace to identify potential sources that can perform this requirement if it is ever determined that a UARC will not be used to perform the specified work under the authority of 10 U.S.C.

§2304(c)(3)(B).

12. CONTRACTING OFFICER CERTIFICATION: (FAR 6.303-2(b)(12))

NOTE: Signature page starts on a new page.

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR Subpart 6.303-1(c)): I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

TECHNICAL/REQUIREMENTS COGNIZANCE:

Signature:

Wesley B. Wood OSD CAPE 571-256-9958

Name and Title Organization Phone Date

Signature:

Terry Rogers, COR OSD CAPE 703-695-7935 Name and Title Organization Phone Date

CONTRACTING OFFICER CERTIFICATION (FAR Subparts 6.303-1(a), 6.303-2(b)(12)) I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this Justification for other than full and open competition does not exceed $650K, this review serves as approval.

Signature:

Chris Henshaw Contracting Officer WHS/AD (703) 545-0708

Name Organization Phone Date