M04_-_Just_and_Appr_for_Other_than_Full_and_Open_Comp_JHU.APL_HR0011-17-D-0001_P00003.pdf

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

PART I - JUSTIFICATION:

1. Agency and Contracting Activity Identification: Defense Advanced Research Projects Agency (DARPA), Contracts Management Office (CMO).

2. Nature and/or Description of the Action: Authority is required to increase the ceiling dollar amount of an indefinite delivery/indefinite quantity (IDIQ) contract, HR0011-17-D-0001, awarded on December 1, 2016, to one contractor, Johns Hopkins University, Applied Physics Laboratory (JHU/APL).

3. Description of Required Supplies/Services: This contract requires JHU/APL to maintain essential engineering, research and development, and test and evaluation capabilities in support of DARPA’s technical offices in their functional role for efforts which are consistent with JHU/APL's unique capabilities as defined in paragraph five below. This modification to increase ceiling dollar amount would continue the same services as DARPA is approaching the original ceiling. The estimated IDIQ ceiling amount at time of award was $98,000,000 (maximum quantity) with a 60-month period of performance. The guaranteed minimum of $10,000 has been met. The new estimated ceiling amount is $198,000,000 which is $100,000,000 higher than the original ceiling amount.

4. The Statutory Authority Permitting Other Than Full and Open Competition is:

a. Only One Responsible Source (10 U.S.C. 2304(c)(l)).

b. Unusual and Compelling Urgency (10 U.S.C. 2304(c)(2)).

c. X Industrial mobilization; or engineering, development, or research capability (10 U.S.C. 2304(c)(3)).

d. International Agreement (10 U.S.C. 2304(c)(4)).

e. Authorized or Required by Statute (10 U.S.C. 2304(c)(5)).

f. National Security (10 U.S.C. 2304(c)(6)).

g. Public Interest (10 U.S.C. 2304(c)(7)). When these exceptions are cited, limited competition must be conducted, therefore, a minimum of two (2) potential sources must be provided as an enclosure to this document.

5. Unique Qualification or the Nature of the Acquisition Dictates use of the Authority Cited: The statute, as implemented by FAR 6.302-3(b)(2)(ii) provides that full and open competition is not required when an award is to be made to a particular source to "Establish or maintain an essential capability for engineering or developmental work calling for the practical application of investigative findings and theories of a scientific or technical nature." FAR 6.302-3(a)(2)(ii) identifies particular sources to mean educational or other non-profit organizations or federally funded research and development centers.

DARPA requires that the essential capabilities established at JHU/APL be maintained as authorized by 10 U.S.C. 2304 (c)(3)(B). These capabilities are not currently available completely elsewhere and could not be duplicated without substantial investment over a period of years. These capabilities consist of diverse technical and programmatic staff skills, extensive experience with previous and on-going Department of Defense (DoD) programs, access to the Johns Hopkins University's experts, broad industry interactions, and other supporting facilities that support a multitude of DARPA's programs. This breadth of JHU/APL technical capabilities, which is provided to all DoD components, is of the greatest importance to DARPA in their role of transitioning technology to both DoD and industry. Specific DARPA mission areas where JHU/APL provides

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104 unmatched core capabilities include Command, Control, Communications, Computer, Intelligence, Surveillance and Reconnaissance (C4ISR), advanced computer assisted modeling, simulation and automation, chemical & biological warfare defense, and information assurance & survivability. Additionally, JHU/APL serves as the sole provider of many core capabilities to the United States Navy which DARPA must utilize in order to execute its Maritime programs. While some other individual capabilities might be found elsewhere, the strength of JHU/APL is its ability to draw on research and development resources over the broad spectrum of subject areas to solve complex technical and system level problems. The capabilities sought to be maintained include JHU/APL's ability to provide independent evaluations and recommendations as a trusted agent required by DARPA while working closely with industry, including the transition of technology to industry. Work will be limited to JHU/APL’s core competencies which include Strategic Systems Test and Evaluation; Submarine Security and Survivability; Space Science and Engineering; Combat and Guided Missile Systems; Theatre Air Defense; Information Technology; Simulation, Modeling and Operational Analysis; and Mission Related R&D.

6. Efforts Made to Ensure Offers are Solicited From as Many Potential Sources as Possible: As set forth in FAR 5.202(a)(10), a synopsis is not required. JHU/APL is a University Affiliated Research Center (UARC) and receives sole source funding to establish and maintain essential research, development, and engineering capabilities defined as core under the authority of 10 U.S.C. 2304 (c)(3)(B). However, the contract includes an approved small business subcontracting plan to promote socioeconomic goals.

7. Determination of Fair and Reasonable Costs: The Contracting Officer will continue to ensure that each task/delivery order issued will follow the procedures outlined in FAR 15.4 and FAR 16.505. In addition, the contracting officer will perform a cost or price analysis, whichever is appropriate, for each delivery/task order to ensure that the costs to the Government are fair and reasonable.

8. Description of Market Research Conducted: The proposed modification is to continue to support the maintenance of essential engineering, research and development capabilities at an educational institution. The Contracting Officer re-reviewed all relevant DoD documentation pertaining to UARCs to include the DoD UARC Engagement Guide dated April 2013; the DoD UARC Management Plan dated July 2010; the Department of the Navy UARC Sponsor Guidance and Business Rules; and the Naval Sea Systems Command (NAVSEA) master UARC contract with JHU/APL (N00024-13-D-6400).

9. Other Facts Supporting the Use of Other Than Full and Open Competition: As stated in a Memorandum from then Director of Defense Research and Engineering dated August 8, 2010, UARCs receive sole source funding to establish and maintain essential research, development, and engineering capabilities defined as core under the authority of 10 U.S.C. 2304(c)(3)(B). JHU/APL is a UARC that has a long-term strategic relationship with DoD sponsoring organizations. JHU/APL operates in the public interest, free from real or perceived conflicts of interests not competing with others for acquisitions stemming from its Government-funded research, development, and engineering capabilities. The Contracting Officer has reviewed the scope of the current task orders and confirmed that the work is consistent with the UARC’s mission and core competencies. Similar reviews of future task orders to be awarded under the increased ceiling will be completed to ensure suitability for the IDIQ rather than full and open competition.

10. List of Other Interested Sources: Not Applicable. The purpose of this effort is to maintain essential capabilities herein described at the named educational institution.

11. Actions to Remove or Overcome Barriers to Competition: No actions have been or will be taken to remove or overcome barriers to competition for any subsequent acquisition for the services required because under the authority of 10 U.S.C. 2304(c)(3)(B), it is necessary to award the contract to this particular source to maintain the essential capabilities described in paragraph five above that are not available completely elsewhere.