Sole_Source_Justification_JHU-10-25-2016-POSTING.doc

SOLE SOURCE OR LIMITED SOURCES JUSTIFICATION

(APPLICABLE TO PURCHASES $3,000 - $150,000)

1.

Contracting Activity:

NOAA/NESDIS/CFO-CAO

2.

Purchase Request Number:

3.

Authority for Action: Check applicable box for either GSA or open market action

FORMCHECKBOX

FAR 8.405-6(a), Restricting Consideration under GSA Federal Supply

Schedules

FORMCHECKBOX

FAR 13.106-1(b), Soliciting from a Single Source Specifically, FAR 13.106(b)(1)(i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

This requirement is being issued under “Industrial mobilization” for Radio Frequency Spectrum engineering, developmental, and research capability services. It is necessary to award the contract to a particular source in order to (a) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency, or to achieve industrial mobilization, or (b) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center 4.

Describe the supply or service to be acquired and the total estimated dollar value: Include the value of any options in the total estimated dollar value NOAA requires John Hopkins University Applied Physics Laboratory JHUAPL to provide a general review of NOAA's process in developing a Polar satellite Follow On concept. The requirement is for JHUAPL to advise NOAA in identifying cost effective Gap Mitigation approaches.

Period of Performance is January 2, 2017 – April 3, 2017 Independent Cost estimate is:XXXXXXX. ICE is based on salaries for senior and mid-level engineering staff. XXXXXXXX..

JHUAPL will provide service in support of the NOAA Federal Spectrum Manager at international and national forums where Federal representation is required. Additionally, JHUAPL will support NOAA/NESDIS Spectrum Managers in national and international regulatory bodies, including the National Telecommunications and Information Administration (NTIA), the Federal Communications Commission (FCC), the Inter-American Telecommunication Commission (CITEL), and the International Telecommunication Union (ITU). Communication with the meteorological community regarding spectrum-related issues that impact scientific use of the radio spectrum is required of JHUAPL. JHUAPL will be responsible for presentations at scientific conferences and advisory bodies on spectrum-related issues and support to NOAA/NESDIS Spectrum Managers with other government and private-sector spectrum-using entities to coordinate frequency use.

JHUAPL will provide advice and recommendations to NOAA on RF Spectrum interference mitigation recommendations, to include reviewing responses to any market research conducted by NOAA.

The Government Estimate for the work consists of:

Total 3 staff month’s effort between January 1, 2017 and April 3, 2017.

5.

List the proposed contractor (name, contact, and phone number) and describe the unique knowledge or capabilities of the proposed contractor:

Why is the proposed contractor the only source that can provide your supply or service? Discuss any unique knowledge, facilities or equipment possessed by the contractor, such as the patents, copyrights, licenses, and technical data possessed by the Contractor that precludes award to any other source.

The proposed group for this work in JHU/APL in Laurel, MD. The address:

The Johns Hopkins University Applied Physics Laboratory

11100 Johns Hopkins Rd.

Laurel, MD 20723

Phone: 443 778 5000 JHUAPL provides several unique capabilities for this task. Diversity of thought because JHUAPL has extensive experience in space acquisition and will provide a range of options and insights that might not have been examined. JHUAPL also has worked NOAA missions by providing sensors and resolution of complex problems. JHUAPL has worked with both the Defense and Civil Government agencies that have faced similar problems. In support of DoD, JHUAPL developed the Transit satellite system in the 1960s which preceded the current GPS. Transit was used by the U.S. Navy to provide location data to the operational fleet. In support of NASA, JHUAPL designed and built a nuclear powered spacecraft for deep space exploration. JHUAPL as a University Affiliated Research Corporation (UARC) functions as a trusted agent of the Government in a wide variety of fields.

The work would need to be an objective assessment of the RF Spectrum Management conducted by NOAA in response to the international spectrum usage recommendations. The evaluation needs to be done by a Federally Funded Research and Development Corporations (FFRDC) or a University Affiliated Research Center (UARC).

An FFRDC is created by the Government as a not for profit company to provide specific expertise for the Federal Government. Aerospace was created by the Air Force in what is currently the Space and Missile Center (SMC) in the early 1960s. No other FFRDC fills this specific mission. The other FFRDC which could provide the necessary expertise required for this independent review is the Jet Propulsion Laboratory (JPL) which provides specific expertise in in the space industry. Aerospace worked closely with NOAA in developing RF Spectrum management options and so is not thought to be independent enough. JPL works closely with defense and civil government customers and develops and build space systems. JPL also would not be a good source for the independent review because it is also a NASA center similar to Goddard Space Flight Center (GSFC). GSFC is the NASA center responsible for the acquisition of JPSS.

UARCs are created by the Federal Government to meet a specific need for technology development. UARCs do not compete with other companies and are not for profit. JHUAPL was formed by Department of Defense (DOD) for the development of advanced systems. JHUAPL has special expertise in the space industry supporting and building satellite hardware for both the defense and civil sectors of the Government.

6.

Describe your market research efforts and efforts to ensure that offers are solicited from as many potential sources as is practicable:

List other sources/companies researched by phone, Internet, site visit, trade publication, catalog, etc. Include the name of the contractor, the name of the individual contacted and phone number (if applicable) along with the make/model number of equipment (if applicable) and the reason why they will or will not meet your need. Attach any applicable research documentation from the Internet, catalog, etc.

JHU is the only organization that combines a broad integrated view of all U.S. space activities and a corporate space-based charter designed to provide objective support to the U.S. Government. It has been determined by NASA's technical experts that JHUAPL is the only known entity that possesses the unique capabilities necessary to fulfill the Government's requirements.

Pursuant to 5.203, the requirement was posted in FedBizOps as a sole source under to award, on a sole source basis, under the authority of FAR 13.106-1(b)(1), with Johns Hopkins University /Applied Physics Laboratory (JHU / APL). No responses were received in response to the synopsis.

7.

State why you feel that the anticipated cost to the Government will be fair and reasonable:

Suggested possible method(s) of determining price reasonableness: Contractor’s published list, previous purchases (include contract number), comparison with similar product/service, etc.

The Government cost estimate was developed by reviewing the cost basis for other FFRDCs operating in the Washington D.C. area. The fully loaded cost for one Full Time Equivalent XXXXXXXXXXXX.

The Government cost estimate is consistent with the level of expertise required for the review. JHUAPL provides significant expertise to the effort.

Total 3 staff month effort:

1 staff month’s effort between 1/1/2017 and 3/31/2017 The total effort is 3 staff months. The estimated cost per staff month is XXXXXX. The Government ICE is 3 staff months x XXXXXXXX.

The prices, terms, and conditions of the purchase will be negotiated with the Contractor. The Independent Government Estimate is approximately $75,000.00. Comparisons between the offers submitted pricing will be done to ensure that the price is fair and reasonable.

8.

Other: Provide any other facts that support this sole source.

Additional rationale for a sole source procurement of these special services is summarized as follows:

· Freedom from Bias

JHUAPL, a non-profit corporation, operates as a UARC for the U.S. Navy. JHUAPL does not manufacture or otherwise sell any commercial hardware or software products, but specializes in providing objective engineering advice and analysis. Accordingly, independent assessments, evaluations and studies prepared by JHUAPL will be objective assessments of NOAA programs, which are not influenced by any predisposition toward any corporate product line or technical service or profit motive. A hardware or software producing company is likely to have predisposition towards its design or product line. This predisposition may influence that company's recommendations to the Government and may not result in a decision that is most advantageous for the program. Similar issues exist in evaluating particular manufacturing and management approaches. Where a company is subject to such influences in assessing large and complex programs, such bias is difficult to eliminate.

· Need for State-of-the Art Information from Government Laboratories and Universities Independent assessment of NOAA programs requires JHUAPL extensive knowledge of technology design, development and integration, as well as application of lessons learned from previous independent readiness reviews conducted. In addition, developing effective risk mitigation solutions and assessing program and project technical health will require drawing upon state-of-the-art information from other Government laboratories and universities. Extensive working relationships have been established by JHUAPL with such diverse organizations as Massachusetts Institute of Technology's Lincoln Laboratory, the Jet Propulsion Laboratory, the Department of Energy, and many others. No other known source can furnish the required knowledge base.

· Need for Industry Proprietary Information

Proprietary designs and process data are very important to individual, for-profit contractors, and they are usually unwilling to share this information with their competitors. JHUAPL has a unique capability and proven track record for successfully integrating and protecting proprietary information on multi-contractor programs. The NOAA contract will include appropriate clauses to include Access to Sensitive Information and Release of Sensitive Information.

· Need for Extensive Background Information:

The contemplated work requires drawing heavily on previous experience and background information which only JHUAPL is known to possess. JHUAPL possesses unique levels of background information and experience that may be applied to the independent assessment, evaluations of and studies of a variety of existing and future NOAA programs.

JHUAPL possesses core competencies in design, development, and prototyping of space systems and instruments; conduct of critical space experiments; analysis and evaluation of space systems and space-related data; and research and development of satellite remote sensing systems. JHUAPL core competencies also include verification, validation and application of simulations, models, and operations analysis techniques to determine mission effectiveness and performance assessment of current, planned, and proposed systems; and coordination of employment of these systems.

9.

Certifications:

I hereby certify that the data provided above is accurate and complete to the best of my knowledge and belief.

Typed/Printed Name and Signature

Date of Technical Representative I hereby determine that the circumstances of this contract action deem only one source reasonably available.

Contracting Officer

Date