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J&A No: 16-0030 Contract No: HQ0147-16-D-0002

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Introduction. Upon the basis of the following justification, I, as Director of the 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.

2. 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). The Contracting Activity is MDA Contracting (MDA/DAC), Engineering Directorate (MDA/DAC(K)).

3. Description of the Action Being Approved, (FAR 6.303-2(b)(2)). This action will be a sole source indefinite-delivery, indefinite-quantity (IDIQ) cost-plus-fixed-fee contract to Utah State University Research Foundation/Space Dynamics Laboratory (USURF/SDL), a University Affiliated Research Center (UARC), to support the Missile Defense Agency Engineering Directorate. This contract requires USURF/SDL to provide technical and analytical support for MDA related to USURF/SDL’s core competencies of research, development, and engineering work related to state-of-the-art, proof-of-concept, sensor systems for space-based platforms;

sensor experimentation and analysis; advanced technology research and development of new sensor systems; participation in the early stages of future Department of Defense (DoD) technology initiatives; and transition of scientific data and technology to Government and non- Government agencies.

MDA is designated by the Assistant Secretary of Defense for Defense Research and Engineering (ASD(R&E)) as the Primary Sponsor for USURF/SDL. USURF/SDL has provided support to MDA since 1992. The existing contract, HQ0147-11-D-0052, was awarded August 18, 2011, with a ceiling of $150M.

The award of this contract is essential to continue the research and scientific and technological investigations of this Institution because of USURF/SDL’s technical expertise, facilities, and capacity to act as a neutral advisor or evaluator for the government. In addition, MDA desires to maintain the engineering, research, and development capability of USURF/SDL as a nonprofit research institution. A cost-plus-fixed-fee contract is appropriate with the work involving advanced research and development, with the exact nature and the extent of work to be performed being impossible to establish in advance, and subject to change as work progresses.

The exploratory and non-repetitive nature of the work results in difficulty in accurately forecasting the cost of performing the work, which does not permit the undertaking of such work for a fixed price. The resulting contract will be for five years.

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)). USURF/SDL will provide essential engineering, research, and development core capabilities in the development of the integrated Ballistic Missile Defense System (BMDS). USURF/SDL’s capabilities will address MDA needs across a broad range of disciplines such as: electro-optical sensor systems research and development; ground, airborne, and space rated instrument and payload development, test, evaluation, integration, validation, and operations; phenomenology measurements; sensor modeling and simulation; data compression, visualization, exploitation, and fusion; and small/micro satellite sensor systems and components. MDA potential stakeholders have been identified as CR, DE, DV, GM and SS and non-MDA potential stakeholders have been identified as the US Air Force, US Army, and NASA. The approximate value of this acquisition is projected to be $99.4M over the five year ordering period beginning in August of Fiscal Year

(FY) 2016.

The work projected under the USURF/SDL contract is for research and development (R&D) which is goal oriented, not task oriented. Identifying distinct and measurable acceptable quality levels is not feasible; therefore, a performance-based statement of work is not appropriate for this effort.

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. 2304(c)(3) as implemented in FAR 6.302-3(a)(2)(ii), Industrial mobilization;

engineering, developmental, or research capability; or expert services, 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.

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)). It is necessary to award this contract to USURF/SDL in order to maintain the essential research and development capability provided by this research institution. Over the past 24 years, USURF/SDL has provided the Government and MDA cost effective and responsive support in certain mission areas to include scientific and technological investigations in a broad range of disciplines such as: electro-optical sensor systems; instrument and payload development, test, evaluation, integration, validation, and operations; data analysis; modeling and simulation; satellite sensor systems and components;

manned and unmanned aircraft sensor suites; in-theater concept of command, control, communications, computers, intelligence, surveillance, and reconnaissance hardware and software; ground stations; active and passive sensor systems; and high-speed data transmission and network analytics. USURF/SDL has achieved significant advancement for its sponsors in all these areas through its substantial progress in system development, signal processing, modeling and analysis, phenomenology, test and evaluation, and weapon system engineering, investigations, and assessments of emerging science and communication techniques.

USURF/SDL’s state-of-the art facilities and equipment consist of electro-optical sensor calibration/characterization equipment and facilities; integration and testing clean rooms and high bays with full contamination control services; space qualification and environmental testing; nano satellite test and qualification facilities; machine shop; and electronics design and assembly labs. USURF/SDL 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. USURF/SDL has provided critically needed scientific and technological research in sensor, electronic, and software systems not otherwise available from any existing Government agency or private firm.

The proposed effort has been reviewed to assure that it falls within the special core capabilities of the proposed institution and it maintains essential engineering capability to be provided by the research institution. USURF/SDL 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 coupled with its non-interest in competing for mass production of sensors, communication or weapons systems, it is independent and objective, and free from real or perceived conflicts of interest. It is a vital part of MDA's sensor 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 an integrated BMDS.

7. Market Research, FedBizOpps and Listing of Interested Sources, (FAR 6.303-2(b) (6),

(8) and (10)). In accordance with FAR 5.202(10), a notice of proposed award is not required;

however, in accordance with 10 USC 2304(l)(1)(A), the approved J&A shall be made publicly available within 14 days after contract award by posting to FedBizOpps.

In accordance with FAR 6.303-2(b)(8), market research was not conducted because the authority for this proposed sole source award is not based on a determination that USURF/SDL 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 2304(c)(3) and implemented by FAR 6.302-3.

In accordance with FAR 6.303-2(b)(10), a sources sought synopsis was not issued. 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 USURF/SDL 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 2304 (c)(3) and implemented by FAR 6.302-3.

8. 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 at the Task Order level 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

USURF/SDL.

9. Any Other Facts Supporting Other Than Full and Open Competition (FAR 6.303- 2(b)(9). The USURF/SDL UARC provides 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

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

16. Recommendation of the Director of Contracts. "I have reviewed the justification and recommend it be approved."

17. Recommendation of the Director of Acquisition. "I have reviewed the justification and recommend it be approved."

18. Approval (FAR 6.304):

In accordance with FAR 6.304, the above justification for other than full and open competition is hereby approved.

Approved for Public Release 16-MDA-8772 (25 July 16)