A04_J A.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)(3)(B) as implemented by FAR 6.302-3(a)(2)(ii).

JUSTIFICATION

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

Agency:

Department of Defense Washington Headquarters Services – Enterprise Management Office Pentagon Room 3D947 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 the WHS Enterprise Management Office. This Task Order 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 $60,000.00 (which includes a 1-month Base Period Plus beginning 16 OCT 2013, and a 1-month option period beginning 16 NOV 2013).

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

This Task Order is intended to fulfill the Government’s requirement for support services to provide mission-related and public-service oriented research and analysis to the Navy Yard Independent Review Team (IRT). Specifically, the tasks specified in Performance Work Statement align with JHU/APL Core Competencies as follows:

Task JHU/APL Core Competency

3.0 (All) Mission-related and public-service oriented http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P207_29525 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P207_29525 research, technology development, test, evaluation, and analysis

3.0 (All) Information Technology: research, development, and assessment of defense command, control, communications, computer, intelligence surveillance, information operations, and information technologies; operational evaluations and vulnerability assessments; developments of system architectures, etc.

The contractor shall provide subject matter expertise advisory and assistance services to the Independent Review Team to identify weaknesses or gaps on physical and personnel security programs, policies, and procedures and make recommendations to address these concerns. In addition, the contractor shall perform the following duties:

• Review findings and recommendations from previous relevant reports and studies

• Examine all applicable laws, policies, and regulations, including DoD directives, instructions, and manuals

• Conduct interviews with appropriate senior officials (e.g. health affairs, law enforcement and force protection, first responders, intelligence, etc.) and other pertinent individuals as required

• Formulate recommendations for correcting problems and enhancing internal controls to prevent similar incidents in the future and mitigate associated risk

• Identify any follow-on issues which may require further study

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 WHS/EM (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))

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))

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, WHS/EM 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 WHS/EM 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.

The Johns Hopkins University/Applied Physics Laboratory (JHU/APL) has previously provided support to WHS and OSD 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 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.

WHS/EM 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, WHS/EM’s requirement is able to be appropriately serviced through the proper channel.

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

On September 16, 2013, Aaron Alexis, a Navy contractor, shot and killed 12 U.S. Navy civilian and contractor employees and wounded several others at the Washington Navy Yard.

The Secretary of Defense, in a memorandum dated September 30, 2013, directed the Independent Review Team (IRT) to conduct an independent review of the shooting to identify and recommend actions that address gaps or deficiencies in DoD programs, policies, and procedures regarding security at DoD installations and granting and renewing security clearances for DoD employees and contractor personnel.

The Secretary has also directed DoD to conduct an internal review. Both reviews will identify and address vulnerabilities or weaknesses that may have alerted DoD to the potential threat before the incident occurred. The reviews will be conducted on a separate but parallel track, resulting in a consolidated list of recommendations provided to the Secretary.

The Department of Navy (DoN) is conducting its own review of security at Navy and Marine Corps installations, as well as other security, contractor, and personnel issues stemming from this tragedy. The DoN’s findings will be incorporated into the final report to the Secretary due on November 15, 2013.

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

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 responsiveness to evolving sponsor requirements.” Utilizing another DoD UARC is not appropriate in this case 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.

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. CERTIFICATIONS: (FAR 6.303-2(b)(12))

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:

Jillian Fox, Special Projects WHS/EM (703) 697-5119 Name and Title Organization Phone

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 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P199_28064 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P199_28064 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P207_29525