JA for Other Than Full and Open Competition_Redacted.pdf

CUI

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SUBJECT: Request for Approval of Justification for Other than Full and Open Competition to enter into Contract HR001126DE001 with Johns Hopkins University (JHU), Applied Physics Laboratory (APL), a University Affiliated Research Center (UARC).

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

2. Description of Action being Approved: Authority is required to negotiate and enter into an indefinite delivery/indefinite quantity (IDIQ) contract with one (1) 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 War for Research and Engineering (OUSW(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 estimated IDIQ ceiling amount is $499,800,000 (maximum quantity) with a 60-month period of performance. The guaranteed minimum is $10,000.

4. The Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. § 3204(a)(3), as implemented by FAR 6.103-3(b)(2), 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 6.103-3, which 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 engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center."

DARPA requires that the essential capabilities established at JHU/APL be maintained as authorized by 10 U.S.C. § 3204(a)(3). 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 ongoing Department of War (DOW) programs, access to Johns Hopkins University's technical 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 DOW components, is of the greatest importance to DARPA in its role of transitioning technology to both DOW 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 (R&D).

6. Efforts Made to Ensure Offers are Solicited from as Many Potential Sources as Possible: Public synopsis of this requirement was not conducted, as this action is exempt from notice requirements.

In accordance with FAR 5.101(b)(2), a pre-solicitation notice was not required because the action is authorized under FAR 6.103-3. This exemption is appropriate as 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).

Subsequently, a formal solicitation notice was also not required under IAW FAR 5.201(b)(1) While competition at the prime contract level is therefore precluded, the Government will ensure competition is promoted to the maximum extent practicable at the subcontract level through a comprehensive small business subcontracting plan.

7. Determination of Fair and Reasonable Costs: The Contracting Officer determines that the anticipated cost to the Government for this acquisition will be fair and reasonable. Prior to the award of the master IDIQ contract, the Contracting Officer will perform a proposal analysis IAW FAR 15.404-1 to evaluate the Contractor's proposed ceiling cost. This determination will be based on JHU/APL's direct labor and indirect rates as established by the Defense Contract Management Agency (DCMA). Additionally, the Contracting Officer will request a formal proposal audit from the Defense Contract Audit Agency (DCAA) to evaluate the proposal's cost realism, and will evaluate the proposed fee against historical DOW contract data and the Independent Government Cost Estimate (IGCE).

Furthermore, the Contracting Officer will ensure that each subsequent task order issued will follow the contract pricing procedures outlined in FAR 15.4 and FAR 16.506. The Contracting Officer will perform a specific cost or price analysis for each individual task order to ensure that the final agreed-to prices to the Government are fair and reasonable.

8. Description of Market Research Conducted: The market research for this action focused on validating the unique status and essential capabilities of the JHU/APL as a UARC, rather than seeking alternative sources. The Contracting Officer reviewed all relevant Department of War (DoW) documentation governing the strategic relationship with UARCs. This documentation included, but was not limited to, the “DoD UARC Engagement Guide” (April 2013), the “DoD UARC Management Plan” (July 2010), the Department of the Navy’s UARC Sponsor Guidance, and the Naval Sea Systems Command (NAVSEA) master UARC contract with JHU/APL (N0002422D6404). This research confirmed that the capabilities DARPA seeks to maintain at JHU/APL are consistent with its designated core competencies. Consequently, this action satisfies the requirements of 10 U.S.C. 3204(a)(3)(B) as implemented by FAR 6.103-3(b)(2) to maintain an essential research and development capability. No other single entity possesses the unique combination of specialized expertise, long-term strategic relationship with the DOW as a trusted agent, and conflict-free status required to execute this effort.

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 (now the (OUSW(R&E)) with the subject line “FY2010 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 DOW sponsoring organizations. JHU/APL operates in the public interest, free from real or perceived conflicts of interests, and does not compete with others for acquisitions stemming from its Government-funded research, development, and engineering capabilities.

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 this requirement or 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 Section 5 above that are not available in their entirety from any other source.

CERTIFICATIONS & APPROVAL: See the next page.

CERTIFICATIONS

TECHNICAL CERTIFICATION (FAR 6.104(b))

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.

Signed

CONTRACTING OFFICER CERTIFICATION (FAR 6.104(a)(12))

I have reviewed this justification and certify it is accurate and complete to the best of my knowledge and will make the determination that the anticipated cost for this contract action will be fair and reasonable and recommend this action for approval.

Signed

LEGAL REVIEW

I have reviewed this justification, and it is legally sufficient.

Signed

APPROVAL

Upon the basis of the above justification and in accordance with FAR 6.104-2(a) and DFARS PGI 206.104-72(b), I hereby approve the utilization of other than full and open competition pursuant to the authority of 10 U.S.C. § 3204(a)(3).

Signed