D Signed_JHU Justification and Approval (CTN9) Redacted.pdf

MISSILE DEFENSE AGENCY

JUSTIFICATION AND APPROVAL

FOR

OTHER THAN FULL AND OPEN COMPETITION

John Hopkins University Applied Physics Laboratory (JHU/APL)

DISTRIBUTION STATEMENT A. Approved for public release; distribution is unlimited

24-MDA-XXXXX (DD MMM24)

J&A No: 24-0004

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

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

Agencies and Contracting Activity, (FAR 6.303-2(b)(l)). This justification and approval is for the Missile Defense Agency (MDA), Engineering Directorate (MDA/DE).

Description of the Action Being Approved, (FAR 6.303-2(b)(2)). The MDA has a continued need for the technical and analytical support provided by the Johns Hopkins University Applied Physics Laboratory (JHU/APL), a University Affiliated Research Center (UARC), to support the MDA Engineering Directorate (MDA/DE). The MDA must provide a highly integrated and effective Missile Defense System to defend the homeland, regional interests, allies, and deployed forces against ballistic missile threats of all ranges and in all phases of flight. To achieve this mission, MDA requires continued access to the specialized knowledge and expertise resident with JHU/APL for the development of complex and highly technical capabilities, engineering niche services and products, and essential technical support in the areas of:

� Systems Engineering: Support of special studies, performance assessments, evaluations of concepts, component and system-level analyses.

� Test and Evaluation: Independent quantitative performance evaluations of the test architecture, the complex weapons systems, assessment of alternative and modified concepts, test operations, planning and development of test architecture to include test assets and instrumentation.

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

� Modeling, Simulation and Operations Analysis: Specification, verification and validation, development and/or application of simulation models and operations analysis techniques, to determine mission effectiveness and assess performance of current, planned, and proposed systems; and coordination of employment of those systems.

� Readiness Assessment: Independent assessment and evaluation of technical risks in the development and fielding of Missile Defense System elements, and development of risk mitigation strategies to include assessments of test planning, engineering approaches, and transition planning.

� Technical Direction Agent: Provide technical direction for Aegis future program activities and identify technology, development, test, and operational issues across all system functional components. The Technical Direction Agent will not have direction and control over Federal employees.

The work performed under the JHU/APL contract is for research and development (R&D), which is goal oriented, not task oriented. Identifying distinct, measurable acceptable quality levels is not feasible; therefore, we will use a non-performance based statement of work. The original Indefinite Delivery, Indefinite Quantity (IDIQ), cost-plus-fixed-fee construct will be retained and task order details will be determined by the complexity and risk associated with the overarching set of requirements. The MDA desires to maintain the engineering, research, and development capability of JHU/APL as a nonprofit research institution due to its technical expertise, facilities, and capacity to act as a neutral advisor or evaluator for the Government.

4. Description of the Supplies and/or Services Required to Meet the Agency's Needs (Including the Estimated Value), (FAR 6.303-2(b)(3)).

JHU/APL will provide essential engineering, research and development capabilities, and services of particular importance to MDA in the development of the Missile Defense System. These services include advanced electronics design and packaging; subsystems for radar control;

technologies for missile defense applications; real time simulation and analysis of major missile systems; modeling and analysis of threat systems & subsystems. Due to JHU/APL�s experience and expertise, the MDA continues to capitalize on their core competencies, which include a broad range of disciplines including:

� Strategic Systems Test and Evaluation � Space Science and Engineering � Combat Systems and Guided Missiles � Air and Missile Defense and Power Projection � Information Technology � Simulation, Modeling, and Operations Analysis � Mission-related Research, Development, Test, and Evaluation

The approximate value of This IDIQ contract will be awarded to JHU/APL on a non-competitive basis, with a five-year base ordering period and one five-year option ordering period, for a total of 10 years. If the option is exercised, the total ordering period for this contract will be from January 12, 2025 to January 11, 2035. This contract will require the delivery of technical data, reports, and prototypes of promising technology concepts. The delivery and performance period requirements will be specified in the individual task orders issued against the basic contract.

Based on consultations with agency stakeholders, MDA/DE determined that a 10-year ordering period is in the best interest of the Government to support contract requirements, reduce the risk of a break in service, and ensure continual technical and analytical level of effort support to provide a highly integrated and effective Missile Defense System.

5. Statutory Authority Permitting Other than Full and Open Competition, (FAR 6.303- 2(b)(4)). The statutory authority permitting other than full and open competition for this effort is 10 U.S.C. 3204(a)(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.� JHU/APL is a UARC. Use of this authority is appropriate due to the Agency�s need to maintain an essential capability for engineering and developmental work calling for the practical application of investigative findings and theories of a scientific and technical nature.

6. Demonstration of Contractor's Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited (FAR 6.303-2(b)(5)).

a. It is necessary to award this contract to JHU/APL in order to maintain continuity of the essential research and development capability and competencies provided by this research institution. Since its inception in 1996, JHU/APL has provided the Government and the missile defense mission cost effective and responsive support in certain mission areas to include scientific and technological investigations that 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 operational knowledge of the military and security environments, as well as world class facilities used to support the Missile Defense Agency�s mission. JHU/APL has achieved significant advancement for its sponsors in all these areas through its substantial progress in critical engineering, research, and, development capabilities for the successful development and fielding of the Missile Defense System.

JHU/APL's specialized facilities and equipment consist of Modeling and Simulation Research and Education Center, all of which require in-depth knowledge and experience to assure successful research and /or technical development. JHU/APL is a multi-disciplined, defense oriented, scientific and technical research and development institution. These capabilities cannot be replicated within the Government or external to the Government without considerable investment in time and resources which would significantly delay critical support for missile defense.

b. This action is not unusual and does not require a compelling urgency exception.

c. The proposed effort has been reviewed to assure that it falls within the special capabilities of the proposed institution and it maintains essential engineering capability to be provided by the research institution. JHU/APL meets MDA's scientific and engineering needs and has a proven strategic relationship by virtue of its broad knowledge of MDA's missile defense sensors, communications, and weapons research requirements; past significant ballistic defense technology development and engineering efforts; expertise in sensor technology; broad access to information including proprietary data; and corporate knowledge and responsiveness based upon past performance of MDA's research and engineering requirements. As a non-profit institution with contract provisions to not compete with Industry, JHU/APL is independent and objective, and free from real or perceived conflicts of interest. It is a vital part of MDA's missile technology program, and the continuation of its support through a contract is essential to maintain critical engineering, research, and development capabilities for the successful development and fielding of the integrated Missile Defense System.

7. Description of Market Research Conducted (FAR 6.303-2(b)(6), (8), (10)). In accordance with FAR 10.002, appropriate market research was conducted to verify that JHU/APL is still capable of providing the independent research and development services to support the MDA mission. In accordance with the Department of Defense (DoD) UARC Engagement Guide, JHU/APL has supported MDA by providing technical and analytical support within their established UARC core competencies since 1992. The MDA desires to maintain this essential engineering and research capability as authorized by 10 USC 3204(c)(3) and implemented by

FAR 6.302-3.

In accordance with FAR 5.202(a)(10), a sources sought synopsis was not required. Therefore, a listing of the sources that expressed an interest in the acquisition is not provided 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 USC 3204 (a)(3)(B) and implemented by FAR 6.302-3.

Determination of Fair and Reasonable Cost, (FAR 6.303-2(b)(7)). In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services 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 costs to form the basis for the Contracting Officer's determination of fair and reasonable cost. The analysis will include rate checks as well as comparison of the proposed cost to costs of comparable procurements and to the costs actually incurred through previous contract efforts at JHU/APL. The cost will ; therefore, certified cost and pricing data is required.

Any Other Facts Supporting Other Than Full and Open Competition (FAR 6.303- 2(b)(9). The JHU/APL UARC provides objectivity, independence, and unique capabilities that are essential to the MDA mission. UARCs are research organizations within a university or college that are established to provide or maintain essential engineering, research, and/or development capabilities through a long-term, strategic relationship with DoD. Each UARC has areas of expertise that are identified as core competencies that it must provide in support of its mission to support DoD. Therefore, it is deemed appropriate to use other than full and open competition to acquire the requisite services.

Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)). JHU/APL is a UARC governed by the Department of Defense University Affiliated Research Center (UARC) Management Plan dated July 2010. As such, JHU/APL has the following characteristics:

It is a research organization within a university or college.

It provides or maintains DoD essential engineering, research, and/or development capabilities defined as core.

c. It receives sole source (non-competitive) contract funding from DoD under the authority of 10 U.S.C. 2304(c)(3)(B) (this section allows DoD to use non-competitive procedures in order to establish or maintain an essential engineering, research, and/or development capability).

Therefore, the basis of this contract award is to maintain a long-term strategic relationship between DoD, MDA and JHU/APL, based on the following characteristics: (1) Responsiveness to evolving sponsors requirements. (2) Comprehensive knowledge of sponsors requirements, and problems. (3) Broad access to information, including proprietary data. (4) Broad corporate knowledge. (5) Independence and objectivity. (6) Quick response capability. (7) Current operational experience. (8) Freedom from real and/or perceived conflicts of interest.

11. Technical/Requirements Official Certification (FAR 6.303-l(c)). "I hereby 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 lack of advanced planning."

12. Contracting Officer (FAR 6.303-2(b)(l2)). "I have determined that the anticipated cost to the Government will be fair and reasonable and certify that the justification is accurate and complete to the best of my knowledge and belief."

13. Legal Counsel: �I have reviewed the justification and determined it to be legally sufficient.�

14. Contracting Director (Program Level): �I have reviewed the justification and recommend it be approved.�

15. Recommendation of Competition Advocate: �I recommend approval of the above justification.�

16. Director for Contracting: �I have reviewed the justification and recommend it be approved.�

17. Director for Acquisition. �I have reviewed the justification and recommend it be approved.�

18. Approval (FAR Part 6.304). �In accordance with FAR Part 6.304, the above justification for other than full and open competition is hereby approved.�