JHU APL -Justification for Other Than Full and Open Competition REDACTED.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Assistant Chief Information Officer-Satellites/ Spectrum and Special Projects Support

Identification Number: NEEA6000-20-00863

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Satellite and Information Acquisition Division (SIAD) and National Environmental Satellite, Data and Information Service (NESDIS)/ Assistant Chief Information Officer-Satellites (ACIO-S)

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

NOAA intends to award a new follow-on to an existing Intergovernmental Personnel Act (IPA) Mobility Program contracts # 19IPA00BB, 18IPA00BB, 17IPA00BB, and source sources contract # EE133E-17-SE- 0278 with the John Hopkins University Applied Physics Laboratory (JHUAPL).

For a Sole Source Action: A firm fixed price contract is contemplated for award.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303-2(b)(3)).

John Hopkins University Applied Physics Laboratory (JHUAPL) shall provide Spectrum and Special Projects engineering expertise to support NESDIS/ACIO-S and other NESDIS program offices. The Period of Performance is from August 31, 2020 through August 30, 2021. The Independent Government Cost Estimate is: $354,245.18 for a 12-month effort with 1 full time employee (FTE) staff.

JHUAPL shall provide such support as:

• Providing objective assessment of the RF Spectrum Management conducted by NOAA in response to the international spectrum usage recommendations.

• Providing expertise at International and national Spectrum Management forums

• Providing expertise to NOAA/NESDIS Spectrum Management in national and international regulatory bodies, including the National Telecommunications and Information Administration (NTIA), the Federal Communications Commission (FCC), the Inter-American Telecommunication Commission (CITEL), and the International Telecommunication Union (ITU)

• Communicate with the meteorological community regarding spectrum-related issues that impact scientific use of the radio spectrum

• Providing presentations at scientific conferences and advisory bodies on spectrum-related issues and support to NOAA/NESDIS Spectrum with other government and private-sector spectrum-using entities to coordinate frequency use.

• Providing advice and recommendations to NOAA on RF Spectrum interference mitigation recommendations, to include reviewing responses to any market research conducted by NOAA

• Providing engineering expertise to NESDIS on Special Projects such as 5G Interference Identification Sensor (5GIIS) and Data Collect System (DCS)

• Providing subject matter expertise in the area of RF Spectrum.

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

41 USC 3304(a)(3) - Industrial mobilization; engineering, developmental, or research capability; or expert services It is necessary to award the contract to a particular source or sources in order (a) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; (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; or (c) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

John Hopkins University Applied Physics Laboratory (JHUAP) is uniquely qualified to provide these services to Assistant Chief Information Officer-Satellites (ACIO-S) based upon the following:

a. They are uniquely knowledgeable and experienced in design, development, and prototyping of space systems and instruments, the conduct of critical space experiments and evaluation of space systems and space-related data. They provide unbiased, professional, non-personal advice and assistance in program and project management, systems architecture and engineering, and associated disciplines to support NESDIS Radio Frequency Management Program Office. This is specifically necessary for the continued support for the small satellite direct communication system (DCS) use validation project. The hosting of a NOAA test platform on a National Aeronautics and Space Administration (NASA), small satellite is the most critical stage in evaluating and validating that satellites in low earth orbit are capable of utilizing the data collection platform receiver onboard the GOES-R series satellite to enable the DCS to support these types of platforms. The DCS test platform is scheduled to eject from the satellite in July 2020 and the testing phase is scheduled July through October 2020. The second stage will be occurring in parallel to the testing phase. This will include building and then launching another test platform via a NAS small satellite in early 2021 to further test the proof of concept. The success of this project will enable a risk reduction in NOAA spectrum management. JHUAPL is critical during the testing. Build, and launching phases.

The 5G (fifth generation) of advanced wireless spectrum presents a risk to NOAA operations in several specific frequency ranges between 10 and 100 GHz. JHUAPL is providing their expertise with an on-going special project working on the advanced approach being developed to identify, characterize, and mitigate the expected impairment to the passive bands. The effort has some urgency as certain characteristics will be needed to be able to support improved and more resilient processing of data from the advanced technology microwave sounder (ATMS) on next JPSS satellite to be launched

JHUAPL has worked on many NOAA missions by providing sensors and resolution of complex problems. JHUAPL is a University Affiliated Research Corporation (UARC) and has been created by the Federal Government to meet a specific need for technology development. UARCs do not compete with other companies and are not for profit. JHUAPL has special expertise in the space industry supporting and building satellite hardware for both the defense and civil sectors of the Government.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

Conducting this acquisition under "other than full and open competition" procedures in the following statutory authority 41 USC 3304(a)(3) - Industrial mobilization; engineering, developmental, or research capability; or expert services It is necessary to award the contract to a particular source or sources in order (a) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; (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; or

(c) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on historical prices, prior contract history (The current IPA value is $366,305. A 3% cost of living increase was used for labor. The overall cost is less due to a decrease travel requirement in this new follow-on contract) and published price list. Prior to award of the proposed contract order cost or price information shall be obtained from the contractor and a price/cost analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

Comparisons between the submitted pricing will be done to ensure that the price is fair and reasonable using the GSA CALC (Contract Awarded Labor Category). The prices, terms, and conditions of the purchase may be negotiated with the Contractor.

The Independent Government Estimate is approximately $354,245.18.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

Market research was conducted by the NESDIS/ACIO-S and the AGO/SAID to identify available sources and to evaluate the availability of the marketplace to meet the requirement as follows:

Based on the results of market research, the government determined that a limited number of vendors are available but none possessed the capability to prevent the high risk of the impact cause in a break in service for this critical mission requirement. The on-going DCS special project test platform is scheduled to eject from the satellite in July 2020 and the testing phase is scheduled through October 2020. The second stage will be occurring in parallel to the testing stage. This will include building and then launching another test platform in early 2021 to further test the proof of concept.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

This contract is necessary to avoid a break in service for this critical mission requirement. JHUAPL possesses the core competencies and established experience required to perform this requirement. An open competition to complete the work would cause intolerable delay to the Satellite DCS Use Validation project and the 5G Interference Identification Sensor (5GIIS) project and pose an increased risk of radio frequency interference to the DCS and contamination of weather forecasting data to the Government. The requirement cannot be modified in any manner to increase competition due to established regulatory constraints, system integration schedules, and program launch schedule.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b)(10)).

Example: “A synopsis was issued on Contract Opportunities on (insert date), requesting that parties express their interest in writing to the Contracting Officer. Only (insert vendor name) responded. The (insert vendor name) capabilities statement was reviewed and [deficiencies vs.

requirement were identified and discussed with (vendor point of contact) of the (insert vendor name), who agreed”

Or

“No sources indicated an interest as a result of the synopsis posted to Contract Opportunities on (insert date).”

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.303-2(b)(11)).

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these services.

12. CERTIFICATION

The JOFOC has been prepared and certified by:

Technical/Requirements Personnel:

I certify the requirement meets the Government’s minimum need and that the facts, representations, and data included in this justification are complete and accurate.

Alpha Bailey Date Lead Engineer/COR

Contracting Officer:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Raquel McCrae Date Contracting Officer

13. REVIEWED BY:

Reviewed:

Office of General Counsel

Jeremiah Kline, Attorney Date

Office of General Counsel