Justification_and_Approval_-_ICE_Program Fully executed_Ginkgo_Redacted.pdf

Justification for Other than Full and Open Competition for Phase III awards under the ICE program

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

SUBJECT: Justification for Other than Full and Open Competition for the Phase III modification to existing award HR001124C0378 for the Ice Control for Cold Environments (ICE) program.

PART 1 - JUSTIFICATION

1. Agency and Contracting Activity Identification: This justification and approval for other than full and open competition is executed by the Defense Advanced Research Projects Agency (DARPA), Contracts Management Office (CMO).

2. Description of Action: DARPA proposes to enter into a modification to add Phase III to the following existing awards:

HR001124C0378 (Ginkgo Bioworks, Inc. of Boston, MA), for the Ice Control for Cold Environments (ICE) program. The current awards and resulting modifications will consist of one Cost-Plus- Fixed Fee contract.

3. Description of Supplies or Services: The Ice Control for cold Environments (ICE) program BAA was solicited on August 15, 2022 for the purpose of seeking to develop solutions for extreme cold weather DoW operational challenges by discovering and optimizing biologically sourced or inspired molecules to enable tuned inhibition or nucleation of ice crystallization, propagation, and adhesion. The best performing molecules identified during the discovery phase were to be subsequently formulated to develop novel materials with enhanced operational performance, tailored to mitigate extreme cold weather challenges for specific DoW applications, and tested based on stakeholder needs and priorities. The ICE BAA was solicited for Phase I and Phase II with a notional Phase III that was to be solicited at a later date.

The agency requires continued research and development services for the formulation, testing, and scale-up of unique ice-modulating molecules discovered in Phases I and II of the ICE program and requires Phase III efforts be undertaken by current ICE Phase II performers. These services are critical for developing and transitioning novel materials that provide solutions to Department of War (DoW) operational challenges in extreme cold weather environments. The total cumulative estimated value for all Phase III awards is anticipated not-to-exceed $5M with a period of performance of 12-18 months per award.

4. Statutory Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(a)(1), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” as implemented by the Federal Acquisition Regulation (FAR) Part 6.302-1.

5. Reason for Authority Cited: The current performers are uniquely qualified to conduct/complete the ICE program Phase III research project due to their expertise and unique scientific advancements in Phases I and II. They are the only known responsible sources capable of providing the supplies or services required at the necessary level of quality because the supplies or services are unique or highly specialized, for the following reasons:

Unique Scientific Progress:

Ginkgo Bioworks:

All Performers successfully developed and validated a suite of high-throughput, quantitative assays with low error rates (<5% err), which is critical for Phase III.

Proprietary Data and Knowledge: The performers have developed proprietary data, trade secrets, and specialized knowledge (including filed patents and invention disclosures) that is essential for Phase III and not available to other sources.

Specialized Personnel and Team Synergy: The existing performer teams possess a unique and irreplaceable combination of world-leading expertise in anti-icing technologies, bioinspired polymer synthesis, cryopreservation, microbial collection/isolation, DoW operational constraints, and large-scale protein production.

Government Investment and Duplication of Cost: A significant government investment has already been made Ginkgo:

$5.207M). A new contractor(s) would require an estimated 12-18 months and significant investment to replicate the specialized laboratory setups and validated testbeds.

Risks of Selecting a Different Source: Selecting a new, unproven contractor would introduce critical program risks, including an inability to scale up molecule production, severe delays jeopardizing planned testing/transitions with DoD partners (CRREL, NAMRU-SA, NAWCAD, NAWCWD), and disruption of international testing partnerships (DNDC and NRC in Canada). Awarding to the current performers represents the best value to the Government.

6. Efforts Made to Obtain Competition: Continuing outreach to the market has occurred via a DARPA Connect event and other engagements; however, no other sources have presented a more novel or relevant solution for the specific applications required by DoD stakeholders.

7. Market Research: The original Broad Agency Announcement (BAA) for the ICE program was a full and open competitive action. No additional market research was conducted for this phase because the unique qualifications required for Phase III are a direct result of the proprietary knowledge, specialized infrastructure, and unique candidate molecules discovered and characterized by the current performers in Phases I and II.

8. Other Facts: The justification for a sole-source award is strengthened by time-sensitive transition goals established with DoD partners. Government partners have furnished specific information and are actively planning demonstrations for the winter of 2026-2027, timed to coincide with major exercises in the Arctic (e.g., JPMRC). A delay caused by bringing a new contractor on board would jeopardize these critical, time-sensitive demonstration opportunities.

9. Interested Sources: None noted based on continued outreach efforts.

10. Actions to Increase Competition: To foster future competition, DARPA will take the following actions:

Continue to encourage performers to publish non-proprietary findings in peer-reviewed journals and present at conferences, as they have done successfully throughout Phases I and II.

Engage with consortia to continue identifying and researching applications relevant to ice modulation.

Solicit new candidates for unique applications not addressed by the Phase III candidates, potentially through future competitive announcements.

11. Delivery requirements: The period of performance for this effort is anticipated to be 12 months in duration.

12. Planned Contract Type: Cost-No-Fee agreement.

13. Dollar value of the contract is: The total estimated value for all Phase III awards is not to exceed $5M.

PART 2 - CERTIFICATIONS

TECHNICAL CERTIFICATION

I hereby certify that this request for Justification and Approval of Other than Full and Open Competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify that this request is not the result of lack of advance planning or a desire to expend funds while those funds are still available.

CONTRACTING OFFICER CERTIFICATION

I certify that I, or the cognizant Procuring Contracting Officer, will make a determination of fair and reasonable price using appropriate price/cost analysis techniques in accordance with FAR 15.404 “Proposal Analysis.” Additionally, I certify that the justification is accurate and complete to the best of my knowledge and belief.

PART 4 - APPROVAL

As DARPA’s Advocate for Competition, designated in accordance with FAR 6.501, I have reviewed this Justification for Other than Full and Open Competition, and it has fully substantiated that the contemplated follow-on action described herein cannot be completed by any source other than the specified performers.