JOFOC NSRI_61721 HCA signed 6-17-21.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NATIONAL NUCLEAR SECURITY ADMINISTRATION

OFFICE OF DEFENSE PROGRAMS

RESEARCH, DEVELOPMENT, TEST AND EVALUATION (NA-11)

June 17, 2021

I. AGENCY IDENTITY AND CONTRACTING OFFICE

The Office of Research, Development, Test and Evaluation (NA-11) of the U.S.

Department of Energy (DOE), National Nuclear Security Administration (NNSA) plans to contract, through the NNSA Office of Acquisition and Project Management (NA-APM), for services with the University Affiliated Research Center (UARC) at the University of Nebraska’s National Strategic Research Institute (NU/NSRI), by means of other-than-full-and-open competition.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This document sets forth the justification and approval for an exception to full-and-open competition allowed under the Competition in Contracting Act (CICA) of 1984. This action is to award a five-year, sole-source task order (consisting of a one-year base period, and four, one-year option, periods) to the University Affiliated Research Center (UARC) at the University of Nebraska’s National Strategic Research Institute (NU/NSRI), located at 6825 Pine Street, Suite 141, Omaha, NE 68106. The anticipated contract type is firm fixed price.

III. DESCRIPTION OF SUPPLIES AND/OR SERVICES

This acquisition will obtain essential engineering, research, and development capabilities of the NU/NSRI. NNSA seeks to reestablish the culture of nuclear deterrence which has atrophied since the end of the Cold War. The current multi-polar environment requires a cadre of personnel who can develop strategies to convey nuclear deterrence through new weapons systems, research and development, statements, and policies. These strategies need to be synchronized with the Department of Defense (DoD) and U.S. Strategic Command (STRATCOM) - the single entity designed with the nuclear deterrence mission. NNSA seeks to develop a strong linkage to the USSTRATCOM policy and planning through their UARC. The direct ties to NU/NSRI will ensure NNSA is properly aligned with the broader USSTRATCOM policies and has the ability to influence from the onset.

This will be accomplished through ongoing workshop series with the goal of exploring future possible mission needs and policy requirements for new nuclear warheads within the broader context of 21st century nuclear escalation dynamics. The primary purpose of these workshops is to contribute foundational deterrence thinking regarding the art of the possible in warhead design and the required system trades in the context of evolutionary and revolutionary missions, environments, and DoD platforms in order to maintain a robust and resilient deterrent to 2050 and beyond.

The total estimated value for this effort is $22,629,116.19.

IV. AUTHORITY

The statutory authority permitting other-than-full-and-open competition is 10 U.S.C. § 2304(c)(3)(B) or 41 U.S.C. § 3304(a)(3)(B), as implemented by the Federal Acquisition Regulation (FAR) Subsection 6.302-3 entitled “Industrial mobilization; engineering, developmental, or research capability; or expert services.”

V. APPLICATION OF AUTHORITY

The award of sole-source contracts to UARCs is permitted under the authority of 10 U.S.C.

2304(c)(3)(B) or 41 U.S.C. 304(a)(3)(B) as implemented by FAR 6.302-3(a)(2)(ii) because NU/NSRI is an educational institution.

NU/NSRI is a 501(c) nonprofit entity operating under the organization structure of the University of Nebraska. It is a DoD-Chartered UARC as outlined in the Assistant Secretary of Defense (Research & Engineering)'s 2013 UARC Engagement Guide. This acquisition will continue to use the UARC dedicated to the USSTRATCOM mission areas.

The NSRI at the University of Nebraska develops and applies science and technology to enhance the security of the United States and solve problems of national and global significance. NU/NSRI possesses an extensive breadth of capabilities and is involved in broad programs of long-term research and supporting major DoD systems. The scope of its efforts extends across several areas of science and technology, includes many different warfare elements, and involves many types of activities, from basic research to full-scale operational system testing. The unique capabilities of NU/NSRI stems from the body of knowledge, experience, data, and facilities established through more than a half century of highly diversified work solving problems for a multitude of DoD organizations.

Generally, UARCs may not compete against industry in response to competitive request for proposals (RFPs) for development or production that involve engineering expertise developed or sustained through contracts awarded under 10 U.S.C. 2304 (c)(3)(B). This criteria allows NSRI to be a valuable asset due to the independence and objectivity this limitation creates.

As USSTRATCOM’s UARC, the NU/NSRI provides an invaluable understanding of strategic deterrence and requirements gaps for Chemical, Biological, Radiological, Nuclear, and Explosives. NU/NSRI provides USSTRATCOM the in-depth expertise and understanding of strategic deterrence, weapons of mass destruction, and national security objectives. Aligning the needs of NNSA directly with USSTRATCOM’s UARC provides the most direct linkage to the same team developing policies and nuclear deterrence recommendations. NNSA will be able to leverage the NU/NSRI staff, their expertise, and their close and continued interactions with USSTRATCOM to ensure efforts are focused and aligned saving resources.

NU/NSRI has the staff and depth of expertise in conflict management, nuclear wargaming, arms control and nonproliferation, and weapons policy needed to ensure the full range of possibilities are examined. These experts provide venues to test out innovative concepts being worked for USSTRATCOM through the UARC and is able to directly apply them to the NNSA enterprise. This focuses NNSA investment on viable technologies in concert with USSTRATCOM priorities.

NU/NSRI developed core competencies in research areas, which support DoD’s warfighting capabilities. USSTRATCOM and other Government agencies call upon the NSRI core competencies to resolve specific critical challenges identified on individual Task Orders

(TO).

Currently, these core competencies consist of:

1. Nuclear detection and Forensics: including detection and characterization of nuclear terrorism activities; analysis of nuclear-related activities; development of novel and field-deployable interrogation sources to detect special nuclear materials; radiation detectors with improved sensitivity, noise characteristics, and operational capabilities; standoff detection of nuclear debris; rapid in situ forensic analysis of nuclear material; and in situ non-destructive testing of nuclear pits.

2. Detection of Chemical and Biological Weapons: including rapid, accurate, and highly efficient bioagent identification; sensors incorporating technology that identify, quantify, and detect chemical and biological agents at the molecular or macro level; sensing technologies incorporated or integrated with autonomous and adaptive sensor networks for various applications; threat assessment tools for identifying emerging biological/chemical threats both man-made and naturally occurring.

3. Active and Passive Defense against Weapons of Mass Destruction: including countermeasures to central nervous system disorders; rapid production of vaccines for bioagents, next generation respiratory protection equipment; genetic, immunological, and materials approaches to develop and deliver vaccine antigens in a manner to enhance their cellular uptake; regulation of the metabolic process for warfighters in extreme environments; materials development and design for personnel protective equipment and other protective measures; and innovative approaches to drug delivery.

4. Consequence Management: including innovative solutions to avoid or mitigate the effects of a Weapons of Mass Destruction event on personnel and infrastructure through detection, technology development, modeling and simulation, protocols, and design;

visualization and simulation of critical infrastructure vulnerabilities; disaster preparation and response, and human behavior patterns; computer- based surrogates of real world systems for training, analysis of alternatives, experimentation and exploration of system vulnerabilities; and decision-making support tools to analyze complex data, assess risk, analyze exposure, and visualize impacts. Consequence management provides solutions to the challenges of how to protect, respond, and restore personnel health and infrastructure after a chemical, biological, cyber, radiological, or nuclear incident occurs as triggered by human or natural disaster.

5. Mission Related Research: including test, evaluation, and systems analysis of important topics to DoD through the application of the above core competencies. Related topics of importance could be Space, Cyber and Telecom Law, policies and strategies affecting space traffic management, security and risk management of space and cyber assets, space/cyber/telecom threats, convergence of cyberspace and CWMD pathways that affect mission readiness and national critical infrastructure resilience, space/cyber/telecom deterrence theory and applications; analysis of space/cyber/telecom legal issues, and development of protocols based on international space/cyber/telecom law. Research would include, but be limited to, domestic and international laws, treaties, and agreements to determine impacts and influences of US policy, deterrence strategies, and law on national security and commercial infrastructure, evaluation of the consequences of failing to meet legal standards or requirements, the necessity of legislative action to meet certain national security objectives, analyses of DoD policies that govern action and reaction in the space or cyber theaters, and legal deficiencies or ambiguity of frameworks for decision-makers that highlight hard limits of action.

Through this TO, NNSA seeks to develop an ongoing workshop series with the goal of exploring future possible mission needs.

Sessions of the workshop series would be conducted quarterly over the course of this project: an initial workshop to set the stage and terms of reference, and subsequent workshops to explore specific issues. Workshops may also include table-top exercises, as appropriate. The workshops themselves are expected to be held at the TS/SCI/RD level of classification.

Under this TO, NU/NSRI and its UARC partners will provide the Nation with research efforts centered on Core Competency #5, USSTRATCOM Mission Related Research.

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

IAW FAR 5.201(a) notice of proposed contract action must be available for acquisition of services other than those exempted in FAR 5.202. FAR 5.202(a)(10) excludes from this requirement proposed contract actions made under conditions described in FAR 6.302-3, such as this one, and advance notice is not appropriate or reasonable.

VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

It is the determination of the Contracting Officer that the anticipated costs will be fair and reasonable based on cost/price analysis and comparison to the Independent Government Cost Estimate (IGCE). The Contracting Officer has consulted with an NNSA Cost/Price Analyst to assist in the development of the IGCE. By signing the justification, the Contracting Officer will make a determination that the costs to the government are expected to be fair and reasonable.

VIII. MARKET RESEARCH

UARCs provide unique Research, Development, Test and Evaluation capabilities. Like an FFRDC, the uniqueness of a UARC is inherent in the NU/NSRI’s designation of a UARC. It would be inappropriate to pursue actions to foster competition to UARC’s designated by the DoD under the authority of 10 U.S.C 2304(c)(3)(B) in recognition of the value of a long-term strategic relationship, the obligation to maintain essential capabilities, and the prohibition to compete with industry.

A review of the USSTRATCOM UARC mission and ordering procedures, UARC NU/NSRI is the only entity to offer workshop coordination with the maximum number of national security partners, necessary security classification considerations, and maintain an essential research capability to contribute to potential warhead design and the required system trades in the context of evolutionary and revolutionary missions, environments, and DoD platforms in order to maintain a robust and resilient nuclear deterrent to 2050 and beyond.

IX. OTHER FACTS

N/A

X. INTERESTED SOURCES

N/A

XI. STEPS TO FOSTER COMPETITION

N/A

XII. CERTIFICATIONS

Acquisition Initiator/Technical Representative:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

_Kia Williams_______________ _____5/3/2021__________ Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

5/3/2021

Head of Contracting Activity:

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification does not exceed $75M, this review serves as approval.