FY22-00138 JUSTICE JOFOC.pdf

Justification & Approval for Other Than Full and Open Competition FY22-00138

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of action

DHS intends to procure on a sole source basis test, evaluation, and support services as well as range facility access to advance new small Unmanned Aircraft Systems (sUAS) platforms and sensor technologies that are integrated into homeland security enterprise (HSE) operators’ capabilities nationwide to enhance intelligence, surveillance, reconnaissance, search and rescue, emergency response, fire management, law enforcement, and border security missions for the Joint Unmanned Systems Testing in Collaborative Environments (JUSTICE) Project and other programs.

(b) Name and address of the contractor.

Mississippi State University (MSU) Research and Development Corporation 100 Research Blvd Ste 105 Starkville, MS 39759

(c) Contract type.

Cost Reimbursement

(d) Estimated total value.

$XXX,XXX

These services are currently covered under Interagency Agreement 70RSAT21KPM000098 which ends August 31, 2022.

(e) Type of funding Research and Development

(f) Year of funding.

FY21 3 year R&D funds, FY22 3 year R&D funds

(g) Solicitation number.

70RSAT22R00000033

(h) Background information about the requirement.

Services under this requirement are currently being provided under an Interagency Agreement. However, the contract utilized in that agreement is no longer available.

Additionally, this requirement is a result of a Congressional call-out for funding appropriated to DHS Science and Technology (S&T):

• FY2019 language included specifics from both the House “supports S&T’s Enabling UAS Technologies program and recommends that S&T increase funding to expand to maritime UAS systems and sensors studies” and Senate “shall be to test sensors as part of systems to solve more complex maritime problems. To the greatest extent practicable, these funds should be used to harness the resources and expertise at the SUAS demonstration site and the FAA UAS Center of Excellence.”

• In FY2020, Congressional report language included “The committee is pleased that S&T has established and is utilizing a common site for demonstration and research of small unmanned aircraft systems. In January 2019, the Coast Guard utilized the site for a maritime sensor demonstration. In April and May 2019, Customs and Border Protection utilized the site for a border sensor demonstration. The Committee is pleased that further demonstrations are planned for the coming months and S&T has made the small-UAS demonstration site available to other Federal partners. Of the amount recommended, not less than $4,000,000 shall be for Enabling UAS Technologies, of which not less than $2,000,000 shall be to test sensors as part of systems to solve more complex maritime problems. To the greatest extent practicable, these funds should be used to harness the resources and expertise at the SUAS demonstration site and the Federal Aviation Administration [FAA] UAS Center of Excellence.”

• The FY2021 Joint Explanatory Statement included “In developing its allocation plan, S&T is to consider funding ongoing meritorious projects, those referenced in House Report 116-458, and the following: up to $4,000,000 for the Demonstration Site for enabling Unmanned Aerial Systems (UAS) technologies” and the report language included “Within the amount provided, the recommendation includes no less than $4,000,000 for the Demonstration Site to conduct on-site testing and evaluation of Enabling UAS technologies and encourages the close collaboration with the FAA UAS Center of Excellence.”

• The FY2022, the House in HAC-HS, on p. 99 included “Enabling Unmanned Aerial Systems (UAS).—The Department’s designated UAS test site is providing critical testing and technology evaluations across multiple DHS operational entities. The Committee urges the Department to continue funding this program at not less than the fiscal year 2021 level.” The Senate stated similarly in SAC-HS on p. 115 “Enabling Unmanned Aerial Systems.—The Committee provides up to $9,000,000 for Enabling Unmanned Aerial Systems [Enabling UAS] research and acknowledges the critical value in the establishment of the common test site for demonstration and research of UAS and is pleased that the site is also available to other Federal, State, and local partners. Within the amount provided, the recommendation includes up to $4,000,000 for the Demonstration Site to conduct on-site testing and evaluation of Enabling UAS technologies for the DHS operational entities and encourages the close collaboration with the FAA UAS Center of Excellence.”

3. Description of Supplies/Services.

S&T has identified the following minimum requirements in support of the JUSTICE Project, in accordance with the specification set forth by a cross-component DHS sUAS working group:

• Contractor shall have FAA Certificate of Authorization (COA) - authorized US domestic airspace which permits large (>55 lb) UAS flight operations up to aircraft operational altitude including a runway of at least 5,500 feet sufficient to safely accommodate all variety of Group 3 – 4 UAS platforms

• Contractor shall have subject matter expertise and experience in the areas required by the Statement of Work (SOW) including the following: weather/maritime; flight regulation/guidance standards; guidance for autonomous systems; command, control & communications; detect and avoid (sensors); cybersecurity.

• Contractor shall have access within 30 days of award to the following Government test ranges:

o Camp Shelby Joint Forces Training Center (CSJFTC) with the authority to operate specialized exercises at the US Army National Guard's Unmanned Aircraft Systems Flight Center (UASFC).

o Singing River Island with the authority to operate specialized exercise with direct launch-and-recover access to the Gulf by air and water, direct-water access with docks and ramps that support small boats to large ships, and existing US Coast Guard and Customs & Border Protection presence.

o Singing River Island with the authority to operate specialized exercise with existing water, rail, and air infrastructure, restricted airspace (designated for UAS use), and “Federal City” test constructs.

o National Aeronautics and Space Administration (NASA) John C. Stennis Space Center.

• Contractor shall have cybersecurity vulnerability assessment capabilities.

• Contractor shall have expertise and experience in cybersecurity vulnerability assessment methods for the purposes of test and evaluations and development of government cybersecurity standards of sUAS systems. Topics of domain expertise include, but are not limited to: firmware analysis, firmware extraction, and commercial based technology exploitation.

• Contractor shall have expertise and experience in developing test and evaluation methodologies for sUAS and sUAS technologies.

• Contractor shall be able to avoid or mitigate conflicts of interest in conducting research and evaluations activities caused by involvement with and benefit from commercial and non-governmental sUAS product development or other commercial partnerships or investments.

• Contractor shall have expertise and experience in developing test and evaluation methodologies for sUAS and sUAS technologies as it relates to the homeland security enterprise.

• Contractor shall have FAA Part 107 certified UAS pilots that can fly fixed wing and rotary wing platforms.

• Contractor shall have the ability to closely collaborate with the FAA UAS Center of Excellence (COE).

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) implemented by FAR 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Identification of Exception to the Buy American Statute

N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

(a) Rationale for using the authority cited in section 4 of the J&A;

MSU is the only identified source that can meet all the requirements stated above.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition;

Congressional appropriation language, including the FY2022 Joint Explanatory Statement from Congress regarding the DHS budget, specified funds for "the Demonstration Site for enabling Unmanned Aerial Systems (UAS) technologies", which this work fulfills. Similar language has been provided in the FY2023 budget. MSU established the demonstration site referenced by the Congressional call out language.

MSU also leads the FAA UAS Center of Excellence, which is ASSURE (the Alliance for System Safety of UAS through Research Excellence). As a result, MSU is the only vendor capable of meeting all of the Government’s requirements as well as meeting the Congressional call out direction.

If the tasks are broken into multiple requirements, then more contracts/subcontracts could be awarded to other procurement categories. However, without being tightly coordinated with the subject matter expertise, laboratory analysis and research, and law enforcement information/data, there are significant technical, and ultimately transition, risks for the services and products. In addition, dividing this requirement up may not meet the Congressional call out language discussed above.

(c) Summarize alternatives considered and why they will not work;

There is a limited commercial marketplace for specialized Research, Development, Test and Evaluation (RDT&E) services for sUAS. The Federal Government needs to be an active partner in the development of such items given the amount of information and data, such as mission-aligned scenario evaluations and exploitation data, required to produce meaningful products. Without the Government providing access to this type of data, product development is difficult and of limited operational value.

Other market participants, particularly buyers, included other Government entities (DHS Components, Department of Defense (DOD), FAA, state/local police departments, and foreign law enforcement partners). These other entities help to incentivize vendors by providing a larger pool of potential buyers and end-users.

In addition, there are limited commercial or non-developmental RDT&E capabilities that would meet all the needs for DHS in the specialized topic areas related to test and evaluations of UAS, and firmware analysis/extraction for commercial UAS systems.

There are several sources that could fit the firmware analysis and extraction requirement, but most of those sources lack the subject matter expertise information to make a robust and useful analysis for operational end-users. Similarly, there are several sources that could provide the required Test and Evaluation (T&E) requirements, but most of the sources lack the subject matter expertise, access to facilities, and useful test scenarios and evaluations for operational end-users. Moreover, there are additional resource burden and contractual considerations for procuring services and products through commercial sources.

MSU is the only responsible source that meets all of the requirements set for this project.

MSU is the core university of the FAA’s ASSURE COE. This COE provides authoritative and objective RDT&E capabilities free of conflicts of interest for UAS.

MSU core research capabilities include testing and surveying, cyber security, weather, flight standards, autonomy, sensors, and command, control and communications (C3) research. MSU is conveniently located within close proximity of three test facilities (Camp Shelby, Singing River Naval Station, and NASA Stennis Space Center) and partners with the FAA and DOD . No private organizations or the public are allowed to utilize DOD- operated Camp Shelby and Singing River restricted airspace (R4401) or other support services for the purposes of training and/or evaluations. This is reserved for DOD agencies and partnering organizations. As such, MSU makes an ideal partner with access to those evaluation facilities for the JUSTICE NEXTGEN Project. Moreover, due to its enrollment with the ASSURE COE, MSU enables information sharing between academic research, government, and industry partners, handling and ensuring the confidentiality of proprietary information from industry and DHS, the intelligence community, and Government planners that would be necessary to achieve the aims of this project.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

If this J&A is not approved, S&T would lose the capability to advance new sUAS platforms and sensor technologies that could be integrated into homeland security enterprise (HSE) operators’ capabilities nationwide in order to enhance intelligence, surveillance, reconnaissance, search and rescue, emergency response, fire management, law enforcement, and border security missions. In addition, S&T would be unable to meet the Congressional guidance provided for this funding.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality

• FAR 6.302-1 “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”:

S&T has a need for technical expertise in RDT&E methodologies for the advancement of DHS air, land, maritime, and cyber sUAS capabilities. MSU is the only vendor capable of meeting all of the Government’s identified requirements as well as meeting the Congressional call out language for this funding. As stated above, while there are several sources that could fit the firmware analysis and extraction requirement, most of those sources lack the subject matter expertise to make a robust and useful analysis for operational end-users. Similarly, there are also several sources that could provide the required T&E requirements, but most of the sources lack the subject matter expertise, access to facilities, and useful test scenarios and evaluations for operational end-users.

MSU is the only responsible source that meets all of the requirements set for this project.

MSU has access to the test facilities required by S&T, it leads the FAA ASSURE COE, and it has expertise and experience in developing test and evaluation methodologies for sUAS and sUAS technologies. If the Government cannot obtain these services from MSU, DHS is at risk of not being able to meet mission needs related to test and evaluation of sUAS.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

A synopsis was posted to SAM.gov on June 24, 2022 with responses due July 11, 2022. No responses to the synopsis were received.

The program office will continue to survey the market to identify other potential sources for these services which could serve as viable alternatives to MSU.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer has determined that the anticipated prices will be fair and reasonable based upon cost and price analyses of the cost proposal. The Contracting Officer will require submission of certified cost or pricing data for use in performing a cost analysis in accordance with FAR 15.404-1(c)(2) and a price analysis to determine that the overall price is fair and reasonable. A certificate of current cost or pricing data will be required for this award.

9. Description of Market Research.

Market research was conducted from June 2021 to June 2022 by reviewing the following sources:

• Acquisition history

• Government subject matter experts

• Existing DHS and Government-wide contract vehicles

• General market survey

A review of these sources confirmed that MSU is the only responsible source that meets all of the requirements set for this project. MSU has access to the test facilities required by S&T, it leads the FAA ASSURE COE, and it has expertise and experience in developing test and evaluation methodologies for sUAS and sUAS technologies. Market research confirmed these services are typically procured on a cost type basis and as such, the certified cost and pricing data will be used to determine reasonableness of individual cost elements and the overall price offered is fair and reasonable.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

A synopsis was issued in SAM.gov on June 24, 2022, requesting that parties express their interest in writing to the Contracting Officer and Contract Specialist. No other sources expressed an interested in the acquisition.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

Prior to issuing any subsequent contracts, Market Research will be conducted to monitor the environment to determine if other sources exist to meet S&T needs. S&T will also review its program requirements to determine if other testing facilities would be more appropriate for testing sUAS, which may serve to open the requirement to other sources.

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13. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

/s/ Contracting Officer

14. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

/s/ Technical Representative

APPROVAL:

/s/ Head of Contracting Activity