JA for Other Than Full and Open Competition Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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

2. Description of Action being Approved: Approval is requested to increase the ceiling dollar amount of an indefinite delivery/indefinite quantity (IDIQ) contract, HR001122D0001, from $740,000,000 to $1,128,800,000. The contract was awarded on November 8, 2021, to one contractor, Johns Hopkins University, Applied Physics Laboratory (JHU/APL). JHU/APL is a University Affiliated Research Center (UARC) authorized by the Office of the Under Secretary of Defense, Research and Engineering (OUSD(R&E)).

3. Description of Services Required to Meet the Agency’s Needs, Including the Estimated Value:

DARPA relies on JHU/APL to maintain essential engineering, research and development, and test and evaluation capabilities that are uniquely suited to supporting DARPA's technical offices in their functional role. These capabilities are consistent with JHU/APL's unique strengths, as outlined in paragraph 5. The initial IDIQ contract was awarded with a ceiling of $225,000,000 (maximum quantity) and a 60-month period of performance, and the guaranteed minimum of $10,000 has been met. The ceiling was subsequently increased to $740,000,000 in Modification P00005. The JHU/APL IDIQ has experienced a surge in new requirements and continues to support additional work directed by the Office of the Secretary of Defense (OSD). To continue leveraging JHU/APL's unique UARC core competencies and avoid a disruption in critical services, a modification is required to increase the ceiling to $1,128,800,000, which is $388,800,000 higher than the current ceiling.

4. The Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. § 3204(a)(3)(B) 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.

5. Unique Qualification or the Nature of the Acquisition Dictates Use of the Authority Cited: FAR 6.302-3(b)(2)(ii), implements 10 U.S.C. § 3204(a)(3), and states that full and open competition need not be provided when it is necessary to award a contract to a particular source to "[e]stablish 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." Under the statute and FAR 6.302-3(a)(2)(ii), particular sources 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. § 3204(a)(3)(B). These capabilities are not currently or completely available elsewhere and could not be duplicated without substantial investment over a period of years. The essential engineering and research capabilities consist of diverse technical and programmatic staff skills, extensive experience with previous and on-going Department of Defense (DoD) programs, access to Johns Hopkins University's technical experts, broad industry

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104 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 its role of transitioning technology to both DoD and industry.

Specific DARPA mission areas where JHU/APL provides unmatched essential capabilities include Command, Control, Communications, Computer, Intelligence, Surveillance and Reconnaissance (C4ISR), advanced computer assisted modeling, simulation and automation, chemical and biological warfare defense, and information assurance and 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 individual capabilities might be provided by other sources, 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 essential 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 assisting with the Agency’s mission related research and development.

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 notice of this proposed contract action is not required because the action is made under FAR 6.302-3. JHU/APL is a UARC and receives sole source funding from the Government to establish and maintain essential research, development, and engineering capabilities defined as core under the authority of 10 U.S.C. § 3204(a)(3)(B). However, the contract includes an approved small business subcontracting plan to promote socioeconomic goals.

JHU/APL submits their subcontractor reports to Electronic Subcontracting Reporting System (eSRS) in accordance with the contract terms and conditions.

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, non-profit organization. In order to verify that the policies and procedures for the management of DoD contracts with UARCs remain applicable, the Contracting Officer reviewed all relevant DoD documentation pertaining to UARCs. Relevant documentation includes 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 (N0002422D6404). At the macro level, DARPA engages in continuous market research. For example, DARPA remains committed

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104 to experiment with new innovative approaches to expand our reach in the Research & Development and Science & Technology ecosystem and as such, utilizes several market research techniques including Proposers’ Days, immediate responses to Requests for Information (RFI), and DARPAConnect initiative. Market research is conducted early, often, and throughout a Program Manager’s tenure to determine the best program structure and support from industry, academia, government agencies, and other partners.

9. Other Facts Supporting the Use of Other Than Full and Open Competition: As stated in a memorandum from the then Director of Defense Research and Engineering (currently referred to as (OUSD(R&E)) with the subject line “FY 2010 DoD University Affiliated Research Center (UARC) Management Plan,” dated August 8, 2010, UARCs receive sole source funding to establish and maintain essential research, development, and/or engineering capabilities defined as core under the authority of 10 U.S.C. § 3204(a)(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. As discussed in paragraphs 3 and 5 above, the purpose of this effort is to maintain the essential engineering, research and development, and test and evaluation capabilities in support of DARPA’s technical offices provided by JHU/APL, the named educational, non-profit organization.

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. § 3204(a)(3)(B), it is necessary to award the contract to this particular source to maintain the essential capabilities described in paragraph 5 above that are not available completely by other sources.

CERTIFICATIONS & APPROVAL: See the next page.