JA JHP-APL-A04 JA Redacted_Redacted Final.pdf
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- Attached to
- NDAA FY2024 Sec. 1690 Research/Analysis Study
- Solicitation number
- HQ003424F0340
- Issued by
-
DOD Washington Headquarters Service
About this file
This document is a Justification and Approval (J&A) for a sole source contract award to Johns Hopkins University Applied Physics Laboratory, LLC (JHU-APL) under FAR 6.302-3 for a research and analysis study on multipolar deterrence and escalation dynamics. The contract is being awarded in response to a congressional mandate in Section 1690 of the FY2024 National Defense Authorization Act, which directs the Secretary of Defense to enter an agreement with a University Affiliated Research Center (UARC) with expertise in strategic deterrence to conduct this research. The contract will be a 12-month cost-reimbursement R&D contract with no option periods. The Government determined that JHU-APL, based on their experience and expertise, can satisfy the requirement. The unclassified final report will be delivered to the Government 12 months after award. The total cost of the contract will be determined fair and reasonable at the time of award.
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The study will result in an unclassified final report to be delivered to the Government no later than 12 months after award. The contract period of performance is 12 months with no option periods.
Performance Periods
Performance Period Dates Amount
Base Period
4. AUTHORITY CITED: This action is authorized under FAR 6.302-3(a)(2(ii) authorized or required by statute. Under Section 1690 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 directs the Secretary of Defense to enter an agreement with a University Affiliated Research Center (UARC) with expertise in strategic deterrence to conduct research and analysis on multipolar deterrence and escalation dynamics. The Office of the Secretary of Defense for Policy (OUSD (P) will act as a representative on behalf Secretary of Defense for the aforementioned requirement.
REASON FOR AUTHORITY CITED: As previously stated, the Secretary of Defense and OUSD(P) were directed to enter into an agreement with a UARC with expertise in strategic deterrence to conduct research and analysis on multipolar deterrence and escalation dynamics. Other procurement alternatives would not satisfy the requirement, as this is a congressionally directed to a UARC. The authority that applies to this study is Section 1690 of the NDAA for Fiscal Year 2024. The Government conducted market research amongst the available DoD UARC’s and determined John Hopkins University Applied Physics Laboratory, LLC (JHU-APL) could satisfy the requirement based on their experience and expertise in the research field. Based on the requirement, JHU-APL will provide recommendations in a report to the Government. If this requirement is not satisfied, The Secretary of Defense will not be able to complete the tasks and requirements that are directed in accordance with Section 1690 of the NDAA for Fiscal Year 2024, as the Secretary of Defense will submit to the congressional defense committees a report that includes the results of the research and analysis conducted and will detail the improvements in the use of a risk assessment framework.
5. EFFORTS TO OBTAIN COMPETITION: A notice for this requirement was not publicized, as required by FAR Subpart 5.102(a)(6) and 5.2. The requirement meets the exception outlined in FAR 5.202(a)(10) and 6.302-3. The requirement was mandated in accordance with Section 1690 of the NDAA for Fiscal Year 2024.
6. FAIR AND REASONABLE COST DETERMINATION: The contracting officer will determine that the price for this contract action will be fair and reasonable at the time of award. The techniques identified at FAR 15.404-2(a)(2) will be used to ensure award will be at fair and reasonable prices. In addition, the John Hopkins University Applied Physics Laboratory LLC provided estimates to support travel and other direct costs anticipated for the requirement. Obtaining certified Cost and Pricing Data is not required for this requirement because the requirement is below the threshold of $2,000,000 in accordance with FAR 15.403-4(a)(1).
7. MARKET RESEARCH: A market research report was created and submitted to the
WHS/AD Small Business Office. The NDAA for Fiscal Year 2024, Section 1690, required the Secretary of Defense to enter an agreement with a UARC to conduct research and analysis on multipolar deterrence and escalation dynamics. The Government conduct market research amongst the available DoD UARC’s and determine JHU-APL demonstrated the experience and expertise to satisfy the task requirement in the NDAA for Fiscal Year 2024. This requirement is congressional mandated; therefore, the requirement cannot be set aside for small business or competition.
8. OTHER FACTS: The Cost (no fee) is used for contracts with a non-profit. The subject effort meets the criteria for a Cost contract in accordance with FAR 16.302 and FAR 16.307(e)(1)(2). This is a cost-reimbursement research and development contract with a nonprofit organization that provides no fee or other payment above the cost and is not a cost-sharing contract.
9. INTERESTED SOURCES: Not applicable to this requirement. A notice will not be published as FAR 5.202(a)(10) and 6.302-3 applies to this requirement. Other interested parties would not satisfy the requirement as Congress mandated that the study is conducted specifically to a UARC.
ACTIONS TO INCREASE COMPETITION: The Government does not anticipate a follow on competition, because this is a congressionally mandated award directed to a UARC in accordance with the NDAA for Fiscal Year 2024.
10. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?
Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification were were not completed
No. The original acquisition was conducted on a competitive basis.
Not Applicable. This is a new requirement.
CERTIFICATION
I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.
Contracting Officer Representative/Program Office Date
Contracting Officer Date
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