HQ003420C0180 NAS JA Signed.pdf

ATTACHMENT A

Control No. WHS-2020-0258

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

UNDER FEDERAL ACQUISITION REGULATION FAR SUBPART 6.3

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense, Washington Headquarters Services, Acquisition Directorate Acquisition Training and

Intern Program (ATIP) on behalf of the Office of the Under Secretary of Defense for Policy

(OUSD (P)).

2. DESCRIPTION OF ACTION: The nature of this action is to award a new contract to the

National Academy of Sciences, which is a non-profit organization. The contract will be a

Cost (No Fee) as set forth in FAR 16.307(e)(1)(2). Research Development Test &

Evaluation(RDT&E) funding is provided to not exceed $1,300,000.00.

3. DESCRIPTION OF SUPPLIES/SERVICES: The National Academy of Sciences will assemble a study committee to plan and conduct an in-depth study. The study committee will consist of experts in risk analysis and risk assessment, decision analysis, the effects of nuclear weapons, disaster impact assessment, crisis dynamics, intelligence assessment, terrorism analysis, and U.S. nuclear policy. The organization will support and oversee the study process to include data gathering, facilitating meetings and other deliberations of the committee, writing the committee’s report, overseeing the external review of the draft reports, and producing and disseminating the interim and final reports. The organization will provide or obtain access to facilities and equipment needed to conduct the study. The study will result in an unclassified interim report after the first year and a classified final report after the second year. The contract period of performance is two years with no options.

Performance

Periods

Performance Period Dates Amount

Base Period October 1, 2020 to September

30, 2022

$1,300,000.00

4. AUTHORITY CITED: This action is authorized under FAR 6.302-5(a)(2(i) authorized or required by statute. Under Section 1674 of the National Defense Authorization Act

(NDAA) for Fiscal Year 2020 directs the Office of the Secretary of Defense to enter into a contract with the National Academy of Sciences to conduct an independent study on risks of nuclear terrorism and nuclear war.

5. REASON FOR AUTHORITY CITED: As previously stated, The Secretary of Defense is directed to enter into a contract with the National Academy of Sciences to conduct the independent study on risks of nuclear terrorism and nuclear war. Other alternatives would not work as this is a congressionally directed requirement. The authority that applies to this study is Section 1674 of the NDAA for Fiscal Year 2020. A sources sought notice was not applicable due to the statutory authority to enter into a contract with the National Academy of Sciences.

The Department of Defense plans to enter into a contract with the National Academy of

Sciences to conduct a study on: 1) whether a risk assessment framework is applicable to determining the potential risks of nuclear terrorism and nuclear war; and 2) the implications for national security of assumptions in nuclear policy and doctrine. The report shall identify and examine the assumptions about nuclear risks that underlie national security strategy of the United States and describe the consequences of the methods and assumptions that have been, are, or could be used in developing the nuclear security strategy of the United States. Based on these findings, the National Academy of Sciences will provide recommendations in a report to be submitted to the congressional defense committees. If the J&A is not approved and the product and/or service is not provided, OUSD (P) will not be able to complete the task that was directed in accordance with

Section 1674 of the NDAA for Fiscal Year 2020. The report findings and recommendations will be submitted to the congressional defense committees detailing improvements in the use of a risk assessment framework.

6. EFFORTS TO OBTAIN COMPETITION: A notice for this requirement was not publicized, as required by FAR Subpart 5.102(a)(6) and 5.2. The requirement meets the exception outlined in FAR 5.202(a)(10) and 6.302-3(a)2(ii). In accordance with 36 U.S.

Code § 150303. Services to United States Government, the National Academy of Sciences1 shall investigate, examine, experiment, and report on any subject of science or art at the request of the United States Government.

7. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-2(a)(2) will be used to ensure award will be at fair and reasonable prices. The Contracting Officer was able to obtain a rate agreement from the Office of

Naval Research and historic pricing for contracts similar to this requirement that were previously awarded by WHS AD. In addition, the National Academy of Sciences provided estimates to support travel and other direct costs anticipated for the requirement. Obtaining certified Cost and Pricing Data is not required for this requirement because the requirement is below the threshold of $2,000,000 in accordance with FAR 15.403-4(a)(1).

8. MARKET RESEARCH: Not applicable for this requirement. The NDAA for Fiscal Year

2020, Section 1674, required the National Academy of Sciences to conduct an independent study on Risks of Nuclear Terrorism and Nuclear War.

1 The code in this chapter references the National Academy of Sciences explicitly as a federally chartered corporation.

9. OTHER FACTS: The Cost (no fee) is used for contracts with a non-profit. The subject effort meets the criteria for a Cost contract with no fee as set forth in FAR 16.307(e)(1)(2).

This is a cost-reimbursement research and development contract with a nonprofit organization that provides no fee or other payment above the cost and is not a cost-sharing contract. In accordance with FAR 15.404-2, the Contracting Officer requested a rate agreement from the cognizant government office. A rate agreement completed by the

Office of Naval Research was provided. The rate agreement is valid as of 6 December

2019.

10. INTERESTED SOURCES: Not applicable to this requirement. A notice will not be published as FAR 5.202(a)(10) and 6.302-3(a) 2(ii) applies to this requirement. Other interested parties would not qualify as Congress mandated that the study is conducted specifically by the National Academy of Sciences.

11. ACTIONS TO INCREASE COMPETITION: Washington Headquarters Services, Acquisition Directorate will seek competition by collaborating with the Office of Small

Business Administration for this effort if a follow on requirement is needed after the Period of Performance is complete. It is anticipated that this is a one-time requirement as described in accordance with the NDAA for Fiscal Year 2020.

12. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

☐Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification ☐ were ☐ were not completed

☐No. The original acquisition was conducted on a competitive basis.

☒Not Applicable. This is a new requirement.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

Contracting Officer Representative/Program Office Date

Contracting Officer Date

APPROVAL

This justification is approved.

David H. Kao, Competition Advocate

Date