D Final Signed J and A_(MDA-220719-4T9M)_Redacted.pdf

MISSILE DEFENSE AGENCY

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN

COMPETITION

FOR

THE JOHNS HOPKINS UNIVERSITY

APPLIED PHYSICS LABORATORY

(JHU/APL)

1. Introductory Paragraph.

Upon the basis of the following justification, I, as Director of the Missile Defense Agency (MDA), hereby approve the issuance of the contractual action discussed below using other than full and open competition pursuant to the authority cited herein.

2. Agencies and Contracting Activity (FAR Part 6.303-2(b)(1)).

This Justification and Approval (J&A) is for the MDA Directorate for Engineering (DE). The Contracting Activity is Director of Contracting for Systems Engineering (MDA/DEK). The point of contact for this action is

3. Nature and Description of the Action Being Approved (FAR Part 6.303-2(b)(2)).

MDA/DE requires engineering and technical support for systems engineering, test and evaluation, advanced concepts and technologies, simulation, modeling and operations analyses, readiness assessments, and technical direction across a broad spectrum of Missile Defense System (MDS) technologies. Johns Hopkins University Applied Physics Laboratory (JHU/APL) is a Department of Defense (DoD) University Affiliated Research Center (UARC) and their core competencies provide the needed support throughout MDA 2LTRs, to include expertise in sensors and sensor technology, space sciences, and technology development. In order to preclude a gap in support for these needed requirements, a ceiling value increase is required.

JHU/APL provides engineering and technical support under the current contract HQ0147-18-D- 0004, awarded on January 12, 2018. This contract is a sole source Indefinite Delivery/Indefinite Quantity (ID/IQ) contract, awarded to JHU/APL in its capacity as a UARC on a cost plus fixed fee basis meeting the exception at FAR 16.504(c)(1)(ii)(D)(1)(iii). On November 18, 2019, a contract modification (P00008) increased the ceiling value by from to A subsequent modification (P00017) revised the ordering period from five to seven years, (from January 12, 2018 – January 11, 2023 to January 12, 2018 – January 11, 2025).

At the issuance of P00017, another increase in ceiling value was deemed unnecessary, as there was enough ceiling value to cover the estimated costs through the remainder of the extended ordering period.

The extension under modification P00017 did not account for the unforeseen requirements such as:

Defense of Guam (DG).

Targets and Countermeasures (TC) specification change for the Alternate Glide Body prototypes from Configuration 1 to Configuration 2.

Increased Foreign Military Sales (FMS) support for Sea-Based Weapon Systems (AB) and Ground Sensors (SN) for requirements that support United States Indo-Pacific Command and United Kingdom Radar, respectfully.

This ID/IQ supports these activities and enables MDA to solve complex research, engineering and analytical problems that support the warfighter.

The work performed under the JHU/APL contract is for research and development (R&D);

therefore, we will use a non-performance based statement of work. MDA DE will be the technical lead for this proposed contract award.

JHU/APL provides essential and critical engineering, research, and development capabilities and services for the continued research and development of the MDS. These services include but are not limited to:

Systems Engineering Support: Leading, conducting, and/or supporting special studies, performance assessments and evaluations; participating in global-regional missile defense development, acquisition oversight, design reviews and meetings; evaluating concepts and unsolicited proposals, as well as performing component and system-level analyses.

Test and Evaluation Support: Providing independent quantitative performance evaluations of the test architecture and complex weapons systems, assessing alternative and modified concepts, planning test operations and developing test architecture to include test assets and instrumentation.

Advanced Concepts and Technologies Support: Providing research, design, development, and/or assessment of advanced concepts and technologies. Critical demonstrations, modeling, analysis tool development and testing, to include full-scale experiments.

Simulation, Modeling and Operations Analysis: Verifying, validating, developing, and/or applying simulation, models, and operations analysis techniques.

Deliverables include MDA applicable research and/or technology development in the form of technical reports, presentations, algorithms, annual reviews, and/or system integration/deployment into the MDS. Specific deliverables will be determined with each task order awarded.

The MDA customers include:

AB

DE

DG

SN

TC

Command and Control Battle Management and Communications Chief Architect (CA) Sensors, Command and Control Directorate for Test Advanced Technology Ground-Based Midcourse Defense Space Sensors Terminal High Altitude Area Defense (TH)

This J&A approves increasing the current ceiling value by , from to .

The increase is required due to the following unplanned in-scope effort:

Increase in due to real world events

H requirements for

Value for future unplanned requirements

5. Statutory Authority Permitting Other than Full and Open Competition (FAR Part 6.303-2(b)(4).

The statutory authority permitting other than full and open competition for this effort is 10 U.S.C. 3204(c)(3) as implemented in FAR 6.302-3(a)(2)(ii). This authority allows MDA to establish or maintain an essential engineering, research, or development capability provided by an educational or other non-profit institution or a federally funded research and development center, such as JHU/APL. JHU/APL is best suited to provide the agency this essential capability, supporting the use of this authority. JHU/APL is a UARC.

6. Demonstration of Contractor’s Unique Qualifications or the Nature of the acquisition Requires use of the Authority Cited (FAR Part 6.303-2(b)(5)).

JHU/APL has been a major asset to the nation since it was organized to develop a critical wartime technology in 1942. The JHU/APL staff works on more than 600 programs that protect our nation and advance its vision in research and space science. JHU/APL solves complex research, engineering, and analytical problems that present critical challenges. The expertise they bring includes highly qualified and technically diverse teams with hands-on

These competencies are a vital part of MDA’s missile technology program. Continuing this support through a contract is essential to maintain critical engineering, research, and development capabilities for the successful development and fielding of the MDS.

7. Description of Market Research Conducted (FAR Part 6.303-2(b)(6), (8) and (10)).

In accordance with FAR 6.303-2(b)(8), market research is not required because the authority for this proposed sole source award is not based on a determination that JHU/APL is the only responsible source, but rather that the Government desires to maintain this essential engineering and research capability at a nonprofit institution as authorized by 10 U.S.C 3204(c)(3) and implemented by FAR 6.302-3. However, market research was conducted in order to understand the current market place for the requirements. Per the analysis, 1600 + potential vendors were identified as recording obligations under PSC Code AC22 and North American Industry Classification System 541712. Of the 1600 + vendors only two were deemed responsible and able to conduct the absolute portfolio of work required by the stakeholders.

In accordance with FAR 5.202(a)(10) and FAR 6.302-3(2)(ii) a pre-solicitation notice is not required. Advance notice is not appropriate or reasonable for this acquisition due to the MDA’s urgent need for these services. However, in accordance with 10 U.S.C. 3204(f)(1), as implemented by FAR 6.305, we will make the approved justification and approval publicly available within 14 days after contract award by posting to SAM.govov.

In accordance with FAR 5.202(a)(10), a sources sought synopsis was not issued. Therefore, a listing of the sources that expressed an interest in the acquisition is not applicable.

8. Determination of Fair and Reasonable Cost (FAR Part 6.303-2(b) (7)).

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies, services, and research and development under this contract are procured at a fair and reasonable cost.

MDA will conduct a thorough technical evaluation, audit, and cost analysis of the proposed operational knowledge of the military and security environments, as well as world class facilities used to support the MDA's mission. The proposed effort, a Period of Performance extension to current contract HQ0147-18-D-0004, has been reviewed to ensure that it falls within the special core competencies of the research foundation and it maintains essential engineering, research or development capability to be provided by the institution. JHU/APL has a 20-year proven strategic relationship based on the accomplishments below:

• Broad knowledge of DoD MDS research requirements

• Past significant space technology development and engineering efforts in response to

DoD requirements

• Expertise in sensor technology

• Broad access to information including proprietary data

• Corporate knowledge and responsiveness based upon its past performance of MDA’s research and engineering requirements, and;

• Independent and objective evaluation free from real or perceived conflicts of interest.

, Director for Engineering, MDA/DE costs to form the basis for the Contracting Officer’s determination of fair and reasonable cost. The analysis will include rate checks, a comparison of the proposed cost to similar procurements, and historical cost analysis from previous contract efforts performed by JHU/APL. The cost will exceed and pricing data is required.

The MDA requires objectivity and independence provided by a UARC in their technical and engineering advice to their sponsoring agency and to all other government agencies with whom they contract or interact. Additionally, it has been determined that technical sustainable excellence in critical Missile Defense program areas cannot be matched by industry as the market often determines level of continued support. It is determined that non-industry intellectual capital is able to rapidly respond to government requirements by providing a depth of understanding of the technological challenges associated with evolving threats. Only JHU/APL can provide objectivity, independence and technical expertise to execute the entire breadth of scope as required by MDA.

10. Actions Taken to Remove Barriers to Competition (FAR Part 6.303-2(b)(11)).

Per the exemption in FAR 6.302-3(a)(2)(ii): Industrial Mobilization, there is no barrier to competition. The proposed contract modification is to maintain an essential engineering, research, and development capability as provided by an educational or other nonprofit research institution.

11. Technical/Requirements Official Certification (FAR Part 6.303-2(c)). “I certify that this justification for other than full and open competition is made in good faith and that the supporting data and information are accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of advance planning.”

, Competition Advocate, MDA/DA

, Director for Contracting, MDA/CT

., Director for Acquisition, MDA/DA

Vice Admiral Director

, Director of Contracts, MDA/DEK