JA_REDACTED.pdf

CUI

Control No: JA-22-Adel-115 Contractor: M.C. Furhman & Associates LLC

CUI

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: Development of a Laboratory Master Plan (LMP) for Infrastructure Implementation Support and Strategy for the REDACTED within the

REDACTED

Authority: 10 U.S.C. 3204(a)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: REDACTED

Prepared by:

Contracting Officer:

Technical:

Requirements:

DSN:

REDACTED

Date: 1/19/2022

DSN: 290-0769

Date: 1/19/2022

DSN: 290-0966

Date: 1/19/2022

DSN: 290-5921

Date: 1/19/2022

RREDACTED

Controlled by: Army Controlled by: ACC-APG CUI Category: General Procurement and Acquisition Distribution/Dissemination Control:

FEDCON

POC: REDACTED

Contractor: M.C. Furhman & Associates LLC

CUI

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Recoverable Signature

XREDACTED

Program Manager

Legal Counsel:

3 /1 7 /2 0 2 2

X R EDACT ED

L e g a l C o u n s e l

Contractor: M.C. Furhman & Associates LLC

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND

OPEN COMPETITION

1. Contracting Activity: Adelphi Contracting Division (ACD), Army Contracting Command – Aberdeen Proving Ground (ACC-APG), 2800 Powder Mill Road, Adelphi, MD 20783-1138

2. Description of Action: The REDACTED Within the Laboratory Operations Center Infrastructure Management Directorate requests a new Firm Fixed Price (FFP) Indefinite Delivery, Indefinite Quantity (IDIQ) contract with M.C. Furhman & Associates LLC (MCFA), 68 Tanner Street, Haddonfield, NJ, 08033. The Government projects award for May 2022 and Fiscal Year (FY) 2021/2022, Research, Development, Test and Evaluation (RDT&E) funds will be used for the issuance of the initial Task Order (TO). The ceiling of this contract is set at REDACTED with an ordering period of five

(5) years.

_X_ An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i).

3. Description of Supplies/Services: The United States (U.S.) Army Research Laboratory (ARL) LabOps Division requires an updated Laboratory Master Plan (LMP) for infrastructure implementation support and strategy required by Section 252 of the National Defense Authorization Act (NDAA) for Fiscal Year 2020. This LMP is a future-focused infrastructure and facilities strategy consisting of equipment upgrades, a survey of the existing infrastructure, identification of gaps in meeting current or future mission requirements, and establishing plans/strategies. This strategy will be used to address the enhancement of current infrastructure, building new, or divesting of excess, infrastructure to bring the laboratories and facilities up to the level sufficient to support campaigns/initiatives of the REDACTED. Deliverables will consist of a comprehensive update to the existing Draft LMP; a report identifying specific infrastructure projects that are required to address the infrastructure deficiencies identified or to support the existing and emerging mission areas identified, and one (1) compiled survey report identifying laboratory conditions, to include use and alignment with REDACTED for all primary and regional sites.

Period of Performance: 5/18/2022 – 5/17/2027

Total Value: REDACTED

The above value was estimated based on historical spending on previous contracts for similar work and an Independent Government Estimate (IGE) created by the Contracting Officer’s Representative (COR) who has extensive experience in this type of work.

4. Authority Cited: 10 U.S.C. 3204(a)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Contractor: M.C. Furhman & Associates LLC

5. Reason for Authority Cited: MCFA Company is the sole developer and integrator of the current LMP for Infrastrucutre Implementation Support and Strategy. As a result, MCFA Company is uniquely qualified to continue development of the master plan required per NDAA FY20 Section 252 which includes a summary of deficiencies in the infrastructure, by location, and the effect of the deficiencies on the ability of the Department of Defense to meet current and future military requirements identified in the National Defense Strategy or to support science and technology development and acquisition programs. MCFA Company is also the only known firm that REDACTED.

The current LMP for infrastructure is an ARL vision/strategy that was initiated, developed, updated and maintained by the contractor, MCFA, under contracts W911QX19P0293 and W911QX20P0144. As part of the subject requirement, MCFA will continue to support ARL in developing and evolving the current ARL LMP to best capture and consider individual laboratory facility assessments and mission dependency ratings which provide a comprehensive view of the condition of the laboratory and to inform infrastructure planning and investment decisions. Furthermore, MCFA has a unique ability to support timely implementation for projects identified in the ARL LMP. MCFA’s situational awareness and familiarity with ARL missions, and facilities, and partnership initiatives will expeditiously help ARL revise existing LMP documents and planning assumptions necessary to respond to and meet critical REDACTED Future of Work (FOW) planning decisions that must be completed during FY22.

MCFA’s current work as part of the ARL LMP January 2022 Update demonstrates their unique qualifications such as spearheading programmatic assessment of more than REDACTED ARL individual laboratory spaces, engaging with dozens of ARL mission representatives at the Directorate, Division and Branch Level and having toured more than REDACTED square feet of facilities at ARL Primary and Regional sites.

The Government requires MCFA’s expedited work planning approach to deliver ARL’s response to REDACTED directives in a timely manner. Consequently, on-boarding a new contractor unfamiliar with ARL facilities and mission requirements will require an unacceptable delay of at least REDACTED months after award to get up to speed assessing over REDACTED ARL laboratory spaces, touring over REDACTED square feet of facilities and engaging with dozens of ARL representatives and as a result, will not meet DEVCOM FOW facilities planning deadline of REDACTED. Lastly, application for DoD funding sources requires timely completion of this iteration of the LMP and/or its appendices.

Engagement of MCFA in this task would allow ARL to satisfactorily address required REDACTED planning efforts due to the firm’s current knowledge and familiarity with ARL,the current LMP documents MCFA has produced,and the firm’s specialized expertise in optimizing real property assets with changing mission requirements. Their unique capabilities across the infrastructure spectrum, specific expertise with current ARL infrastructure, and the fact that they initiated the LMP and have updated it

Contractor: M.C. Furhman & Associates LLC previously make them the REDACTED contractor capable of successfully meeting the government’s requirements.

ARL has spent REDACTED and a significant amount of funding working with MCFA to develop and update the LMP as required by NDAA Fiscal Year 2020, Section 252. .

Implementation of space optimization and workforce planning changes associated with the REDACTED plan and research collaboration initiatives are key requirements for FY22 and ARL needs the expertise of MCFA to meet these planning deadlines and incorporate recommendations into a revised LMP document.

ARL has confidence in MCFA’s abilities to incorporate REDACTED directives into the LMP and meet key suspense deadlines, including the draft LMP update required at the end of fiscal year 2022, and the subsequent deadlines for the survey of infrastructure, assessment of REDACTED, follow-on reports communicating infrastructure update requirements, plan development for investment, and execution of strategies to address identified gaps that must be completed over the five (5) year ordering period. They have a unique ability to utilize their expedited project development and execution approach titled “Discover, Navigate, Accelerate“ (D-N-A) to guide and direct project work management, work execution, and collaboration with stakeholders. The MCFA D-N-A approach helps ensure that project requirements are properly and strategically addressed in all real property, facility, utility, and environmental planning activities in a timely and cost-efficient manner. The approach merges expertise in infrastructure, facilities, space planning, capital improvements, DoD funding streams, and the formation of collaborative partnerships to fast track mission-critical projects. MCFA has used their unique D-N-A expedited project planning and development approach to help ARL expedite key facilities for major mission and infrastructure initiatives in the past. Their D-N-A process is unique to the firm and is based on leveraging decades of project planning and development expertise in executing research laboratory facilities which is the core business of the firm and senior planning personnel.

The development of the required LMP is a two (2) tier approach: 1) survey current infrastructure and assess which REDACTED it supports and 2) provide follow-on reports to communicate requirements and develop plans for investment and execution strategies to address gaps. REDACTED. The subject requirement is a continuation of the gaps survey work by MCFA in order to ensure continuity with the existing LMP that was created for the REDACTED by MFCA. REDACTED MFCA has the required knowledge and technical expertise to complete this work due to creating the current Draft LMP for ARL, previous surveys of key laboratory facilities, engagement with Regional Site leads, support of ARL partnership initiatives, and recent experience in incorporating REDACTED guidance into facilities planning assignments for similarREDACTED missions including REDACTED and the REDACTED Center. REDACTED

Contractor: M.C. Furhman & Associates LLC

Due to pressing timelines to incorporate REDACTED guidance into ARL LMP documents, time does not exist to identify alternative vendors capable of meeting the Government’s requirements while preparing a FY22 LMP Update that responds to the REDACTED FY22 deadline of REDACTED. Furthermore, the additional time and cost required of ARL staff to bring a new contractor up to a similar level of planning knowledge and insights as possessed by MCFA would cost the government an estimated 10-12 months in lead time and more than $REDACTED in duplicative costs. These estimates in time lost and additional costs were developed using previous Independent Government Estimates for similar work and project lead time reviews of infrastructure evaluation and implementation services.

Due to the aforementioned, MCFA, is the REDACTED capable of providing the required deliverables associated with updating ARL’s LMP. Furthermore, they maintain the intimate technical expertise and historical knowledge of the ARL Infrastructure portfolio, mission and workforce to navigate this new requirement/pilot. Therefore, they are the only vendor capable of satisfying the Government’s requirements as scheduled. If ARL is unsuccessful in engaging MCFA in support of incorporating and addressing DEVCOM FOW FY22 guidance into a timely update of the LMP, ARL believes it will be deficient in adequately addressing DEVCOM guidance on a matter that is critical to the health and well-being of ARL’s workforce. Having certainty for the workforce around FOW actions across the DEVCOM enterprise is a key requirement to improving mission and workforce health.

6. Efforts to Obtain Competition: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI) 206.302-1(d), a Synopsis RFI (Sole Source using 6.302-1) was posted to SAM, via www.sam.gov, using solicitation number W911QX21Q0148. The Synopsis RFI (Sole Source using 6.302-1) was posted for 15 calendar days, with a closing date of 13 July 2021 in an effort to strengthen market research efforts prior to issuing a solicitation. This Synopsis RFI (Sole Source using 6.302-1) posting resulted in zero (0) interested vendor responses.

To date, no other vendors have written to express interest in this requirement.

a. Effective competition is not anticipated for this procurement based on the market research (see section 8) performed that has failed to identify any alternative sources with the unique qualifications and capabilities required to satisfy the Government’s requirement of updating the already initiated LMP in response to NDAA FY 20 Section 252.

b. Subcontracting competition. No subcontracting efforts are expected to be utilized at this point, as the sole vendor, MCFA, is expected to be the only company involved in the further development of the LMP.

Contractor: M.C. Furhman & Associates LLC

7. Actions to Increase Competition: In accordance with FAR 5.201(a), all future requirements will be published to make notice of the Government’s intent of proposed contract actions. As required by FAR 13.501(a)(iii), the justification will be published within 14 days after contract award.

Based upon the information provided in section five (5) above, competition for this action is not feasible as no other source is capable of providing seamless support to continue the development of the LMP and meet the REDACTED deadline requirement of Section 252 of the FY 2020 NDAA. At this time, no other vendor is capable of meeting the technical and schedule requirements of this effort. Furthermore, there are currently no anticipated subcontracting opportunities as MCFA is expected to be the sole contractor involved in the development of the plan.

Any future service requests will include new market research surveying the marketplace to determine the capabilities of other vendors for the services required. If any other vendor is determined to be capable of performing the Government’s minimum requirements, the Government will appropriately provide for full and open competition.

As the development of the LMP moves forward, the Government plans to use both a formal Request for Information (RFI) and market research processes to ensure that any other potential vendors are able to understand the Government requirements in an effort to promote competition in future requirements.

8. Market Research: Market research was conducted between April 2021 and June 2021 by a Government employee with the LMP program. Other market research techniques used included searching on the General Supply Schedule (GSA) website at https://www.gsaadvantage.gov/advantage/main/start_page.do, contacting people within this specialized area and consulting with Subject Matter Experts (SME) within Government and industry. Additionally, the Government reviewed the market research conducted under previous contracts W911QX19P0293 and W911QX20P0144 which consisted of GSA searches, contacting SMEs, and the review of market research for similar efforts

Market research efforts failed to identify another business with the capability to successfully meet ARL’s requirements by the end of Fiscal Year 2022. A Synopsis RFI (Sole Source using 6.302-1) was posted to Sam.gov on 28 June 2021 for 15 business days and closed on July 13 2021. There were no responses to the Synopsis RFI (Sole Source using 6.302-1) posted which further demonstrated only MCFA is capable of expanding the LMP it has already initiated under previous efforts, specifically under purchase order (PO) W911QX20P0144. Market research efforts also concluded that the further development of the required LMP can only be completed by MCFA due to the unique knowledge gained while completing the work under previous POs awarded to respond to NDAA FY 2020 Section 252 and to ensure continuity. Only MCFA has the required knowledge and technical expertise to complete this work due to MCFA creating the current Draft LMP for ARL. No other vendor could possibly have the required information that is within the draft LMP to further develop it into an actionable plan for

Contractor: M.C. Furhman & Associates LLC

ARL. At this time, no other entities could reasonably replace MCFA due to MCFA’a intimate knowledge and experience.

9. Interested Sources: See Paragraph 6 for the Synopsis RFI (Sole Source using 6.302-1) information. To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History

Contract: W911QX20P0144 Contractor: M. C. FUHRMAN & ASSOCIATES Award Date: 9/23/2020 Period of Performance: 9/28/2020 – 3/19/2021 Dollar Value: $REDACTED Competitive Status: Sole Source Authority: FAR 13.106-1(b)(1)(i) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”

Contract W911QX20P0144 was issued as a sole source based on continuity of services as MCFA began drafting the LMP under contract number W911QX19P0293, which was solicited competitively where MCFA was the awardee. The Government required a two (2) tier approach to these requirements: 1) survey current infrastructure and assess which CSA Modernization priority it supports, which was completed under W911QX19P0293 and 2) provide follow-on reports to communicate requirements and develop plans for investment and execution strategies to address gaps, which was initiated under W911QX20P0144. The contract W911QX20P0144 was required to further develop the LMP created under contract W911QX19P0293 in order to identify specific actions that can be taken to address gaps identified previously. Thus, there were no steps taken to seek further competition as MCFA was the original creator of the survey and solely responsible for follow on development plans to address gaps as no other vendor could possibly have the required information that is within the Draft LMP to further develop it into an actionable plan for ARL. The D&F for OTFOC approved for W911QX20P0144 stated that no other vendor could possibly continue development of the LMP as unique knowledge and information was gained during the initial contract that no other vendor could obtain to continue development of the LMP without negatively affecting schedule requirements stated within FY 2020 NDAA Section 252. Market research was conducted for the subject requirement, to include a Sources Sought Synopsis posting, to ensure there were no alternate vendors in the marketplace that could fulfill the requirement. No responses to the Source Sought Synopsis were received and no other vendors were identified that could meet the technical and schedule requirements for this action.

Contract: W911QX19P0293

Contractor: M.C. Furhman & Associates LLC

Contractor: M. C. FUHRMAN & ASSOCIATES Award Date: 9/23/2020 Period of Performance: 9/30/2019 – 8/30/2020 Dollar Value: REDACTED Competitive Status: 100% Small Business Set Aside

Contract W911QX19P0293 was issued as a 100% Total Small Business Set Aside.

The Government required a survey of current infrastructure and assessment of which REDACTED it supports. This assessment effectively identified REDACTED ARL was experiencing so that solutions could be created in response to the REDACTED.

Market research was conducted for the subject requirement, to include a Sources Sought Synopsis posting, to identify vendors in the marketplace that could fulfill the requirement. A total of 12 responses were received in response to the posting of which multiple small businesses were identified as capable of meeting the requirement. Subsequently, a Solicitation was posted and seven (7) quotes from Small Businesses were received. The subject contract utilized an Evaluation Criteria approach of Lowest Price Technically Acceptable (LPTA). MCFA was considered to have submitted a proposal that met all of the technical requirements, they had excellent past performance, and presented the lowest priced proposal of all proposals deemed technically acceptable.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: REDACTED Title: Social Scientist Date:

17 March 2022

Recoverable Signature

X REDACTED

Technical Certifier (Tech)

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: REDACTED Title: Program Manager Date: 21 March 2022

Contractor: M.C. Furhman & Associates LLC

3/21/2022

X REDACTED

Requirements Certifier Signed by: USA

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

__ Cost analysis _X_ Price analysis __ Should cost

_X_ IGE

__ Audit:

__ Other:

As a part of this basis, certified cost or pricing data:

__ Will be required.

_X_ Will not be required and the following exception applies (FAR 15.403):

__ Prices that will be agreed upon are based on adequate price competition.

__ Prices that will be agreed upon are based on prices set by law or regulation.

_X_ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Contractor: M.C. Furhman & Associates LLC

Typed Name: Joseph Dellinger Title: Contracting Officer Date: 17 March 2022

3/17/2022

REDACTED

Contracting Officer (KO)

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: JREDACTED Title: Contracting Officer Date:

17 March 2022

3/17/2022

REDACTED

Contracting Officer (KO)

Contractor: M.C. Furhman & Associates LLC

Approval

Based on the foregoing justification, I hereby approve the procurement of the development of a Laboratory Master Plan (LMP) for Infrastructure Implementation Support and Strategy for the Laboratory Operations Branch (LabOps) within the Laboratory Operations Center Infrastructure Management Directorate of the Army Research Laboratory (ARL), for an estimate of REDACTED and for an ordering period of five (5) years, on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: REDACTED Title: Command Advocate for Competition Date: 21 March 2022

3/22/2022

X REDACTED

Special Advocate for Competition (SAC)