JA FY23-00205_Redacted 2.pdf

FY23-00205

FAR 6.302-3(a)(2)(ii) provides that full and open competition need not be provided when it is necessary “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.” JHU/APL is a University Affiliated Research Center (UARC). UARCs are established to develop and maintain government-defined research, development or engineering capabilities designated as essential and to provide those essential capabilities to the government through a long-term strategic relationship.

UARCs are independent, objective, non-profit research centers that generally may not compete against private industry in response to competitive Request for Proposals (RFPs).

UARCs operate as strategic partners with their government sponsors, serving in the public interest, and combining technical excellence with objectivity. They serve as subject matter experts that function as independent, trusted advisors, answerable only to their government customers.

b) Events leading to use of other than full and open competition:

The proposed contract action with JHU/APL maintains an established set of capabilities required for performing highly specialized, independent technical assessments critical to CWMD’s mission. JHU/APL’s unique qualifications and capabilities allows them to provide deep expertise in specialized fields, serve as independent trusted technical agents, rapid assessments of high priority homeland security technology solutions, institutional knowledge pertaining to CWMD T&E data and algorithms, specialized testing facilities, and the rare ability to handle and use CAT III Special Nuclear Material (SNM) at their facilities and at the levels required for this effort. JHU/APL provides an institution with diverse technical and engineering capabilities, advanced facilities, and university experts without which would greatly jeopardize CWMD’s capability to stay at the forefront of CBRN detection technology advancements. CWMD has a continuing need to maintain these essential engineering, development and research capabilities provided by JHU/APL. JHU/APL has an established, proven record for conducting independent test and evaluation for complex technical systems for the Government. Program managers across CWMD leverage the laboratory facilities and subject matter expertise that has been developed by the Government at JHU/APL over the past 80 years. Under CWMD direction JHU/APL will use these capabilities to perform specific tasks in CWMD critical mission areas including CBRN detection information analysis and sharing. JHU/APL provides independent services to evaluate, develop and maintain the suitability and effectiveness of complex CBRN detection technologies that safeguard our nation’s security. It is necessary to maintain this essential capability for engineering or developmental work to be able to immediately respond to ever changing and evolving threats. CWMD requires JHU/APL's mission essential capabilities and the maintaining of a long-term relationship as authorized by 41 U.S.C. 3304(a)(3)(B).

c) Alternatives considered:

CWMD considered alternatives such as a competitive procurement, Interagency Agreements (IAAs), Federally Funded Research Development Centers (FFRDCs) and other UARCs.

However, these alternatives were not capable of providing CWMD with the necessary specialized services and facilities to meet CWMD needs. JHU/APL serves as an independent trusted technical agent to CWMD, providing deep expertise in specialized fields to support national priorities.

d) Impact to the mission that would result if the J&A is not approved:

If the J&A is not approved, the unique, specialized, and essential engineering services, research and development capabilities provided by JHU/APL would cease and severely impact the CWMD mission. The continued partnership with JHU/APL is necessary to maintain continuity, retain subject matter expertise, and institutional knowledge pertaining to the CWMD Test and Evaluation (T&E) data and algorithms. If CWMD does not maintain these essential services, this will have a negative impact on the programmatic schedule, costs, programmatic assessment of detection systems, and CWMD’s ability to immediately respond to ever changing and evolving threats. The unique capabilities provided by JHU/APL cannot be easily replaced. The loss of this expertise, the established data analysis tools, the knowledge of the detection systems and existing performance, and the ability to create and provide technical assessment of the algorithm and data architecture would be a significant set-back to CWMD. As part of this support JHU/APL has developed a cadre of highly experienced professionals, leading researchers, and subject matter experts with knowledge and experience in these technical areas as well as multiple specialized testing facilities, and the ability to handle and use large quantities of CAT III SNM at their facilities.

The Government would incur significant costs and time delays in order to get another organization compliant with all these requirements. It is in the best interest of the Government to continue to utilize JHU/APL’s skillset they have developed over the years as well as maintain the active engineering, research and development work they have established in support of CWMD’s T&E program.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

A sources sought notice was released to industry via SAM.gov on December 14th, 2022 to determine if any potential sources exist that meet the requirements of CWMD, see section 9 below.

An announcement will not be published in accordance with the exception at FAR 5.202(a)(10) the proposed contract action is made under conditions described in 6.302-3.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer (CO) determines that the anticipated cost will be fair and reasonable based on prior acquisition history. In accordance with FAR Subpart 15.4, the CO will obtain certified cost or pricing data and will use information obtained from the Defense Contract Audit Agency (DCAA) and the Defense Contract Management Agency (DCMA) to assist in

Commercial vendors with similar technical capabilities do exist in the marketplace, although only one expressed interest, but even if others had done so, they would not fulfill the requirements due to their commercial nature and lack of independence required for this effort.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

This requirement cannot be modified to enhance competition, it is a highly specialized requirement that requires an independent organization with subject matter expertise, quick response capability, data analysis tools, knowledge of CBRN detection systems, and the ability to create and provide technical assessment of algorithm and data architecture. To perform these requirements specialized testing facilities are required including Bio Safety Level 3 Facilities, the handling and use of large quantities of CAT III SNM at their facilities, the capability to host on-site test events on short notice and to transport radiological sources.

Organizations with the capability to meet CWMD’s requirements for handling and use of CAT III SNM are very limited.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

As discussed in section 9, market research, Battelle was the only firm that responded to the sources sought notice. No other sources have expressed interest in this acquisition. However, pursuant to FAR 6.305, DHS will post this justification on SAM.gov.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

The Government intends to review JHU/APL and Industry prior to the end of the proposed contract at which time CWMD will ensure maintaining the current relationship with JHU/APL is appropriate, as well as to assess Industry capabilities to evaluate if other relationships could be established.