Justification and Approval for Other Than Full and Open Competition_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

SUBJECT: Request for Approval of Justification for Other than Full and Open Competition to enter into

Contract HR001123C0113 with the University of Texas (UT) at Austin, Applied Research Laboratories (ARL), a University Affiliated Research Center (UARC) for the

Programs.

PART I - JUSTIFICATION:

1. Agency and Contracting Activity Identification: Defense Advanced Research Projects Agency (DARPA), Contracts Management Office (CMO).

2. Nature and/or Description of the Action: Authority is required to negotiate and enter into a contract with one (1) contractor, University of Texas (UT) at Austin, Applied Research Laboratories (UT/ARL).

3. Description of Required Supplies/Services: This contract requires UT/ARL to maintain essential engineering, research and development, and test and evaluation capabilities in support of DARPA's technical offices in their functional role for efforts which are consistent with UT/ARL's unique capabilities as defined in paragraph five (5) below. The estimated contract ceiling amount at the time of award was with an approximately thirty-six months period of performance (twenty months for the base and sixteen months for the optional period).

4. The Statutory Authority Permitting Other Than Full and Open Competition is:

a. Only One Responsible Source (10 U.S.C. 2304(c)(l)).

b. Unusual and Compelling Urgency (10 U.S.C. 2304(c)(2)).

c. X Industrial mobilization; or engineering, development, or research capability (10 U.S.C. 2304(c)(3)).

d. International Agreement (10 U.S.C. 2304(c)(4)).

e. Authorized or Required by Statute (10 U.S.C. 2304(c)(5)).

f. National Security (10 U.S.C. 2304(c)(6)).

g. Public Interest (10 U.S.C. 2304(c)(7)). When these exceptions are cited, limited competition must be conducted; therefore, a minimum of two (2) potential sources must be provided as an enclosure to this document.

5. Unique Qualification or the Nature of the Acquisition Dictates use of the Authority Cited: The statute, as implemented by FAR 6.302-3(b)(2)(ii), provides that full and open competition is not required when an award is to be made to a particular source to "[e]stablish or maintain an essential capability for engineering or developmental work calling for the practical application of investigative findings and theories of a scientific or technical nature." FAR 6.302-3(a)(2)(ii) identifies particular sources to mean educational or other non-profit organizations or federally funded research and development centers.

DARPA requires that the essential capabilities established at UT/ARL be maintained as authorized by 10 U.S.C. 2304 (c)(3)(B). These capabilities are not currently available completely elsewhere and could not be duplicated without substantial investment over a period of years. These capabilities consist of diverse technical and programmatic staff skills, extensive experience with previous and ongoing Department of Defense (DoD) programs, access to the University of Texas at Austin's experts, broad industry interactions, and other supporting facilities that support several DARPA's programs. This breadth of UT/ARL technical capabilities, which is provided to all DoD components, is of the greatest importance to DARPA in its role of transitioning technology to both DoD and industry. Specific DARPA mission areas where UT/ARL provides

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104 unmatched core capabilities include Characteristics of the Medium, High Frequency Sonar, Acoustic Properties of Target, Signal and Information Processing and Display, Navigation and Precise location, Command, Control, Communications, Computers and Intelligence (C4I), and Mission Related Application of Core Competencies. Additionally, UT/ARL serves as the sole provider of many core capabilities to the United States Navy which DARPA must utilize in order to execute its Maritime programs. While some other individual capabilities might be found elsewhere, the strength of UT/ARL is its ability to draw on research and development resources over the broad spectrum of subject areas to solve complex technical and system level problems. The capabilities sought to be maintained include UT/ARL's ability to provide independent evaluations and recommendations as a trusted agent required by DARPA while working closely with industry, including the transition of technology to industry. Work will be limited to UT/ARL's core competencies which include Characteristics of the Medium, High Frequency Sonar, Acoustic Properties of Target, and Signal and Information Processing and Display.

6. Efforts Made to Ensure Offers are Solicited from as Many Potential Sources as Possible: As set forth in FAR 5.202(a)(10), a synopsis is not required. UT/ARL is a University Affiliated Research Center (UARC) and receives sole source funding to establish and maintain essential research, development, and engineering capabilities defined as core under the authority of 10 U.S.C. 2304 (c)(3)(B). However, the contract includes an approved small business subcontracting plan to promote socioeconomic goals.

7. Determination of Fair and Reasonable Costs: UT/ARL will be required to submit detailed cost data for the anticipated contract award. In accordance with FAR/DFARS Part 15, the Contracting Officer will utilize the appropriate proposal analysis techniques (e.g., cost realism and reasonableness assessments) to ensure that the final agreed-to price is fair and reasonable. Upon conclusion of negotiations, UT/ARL will be required to submit a Certificate of Current Cost or Pricing Data.

8. Description of Market Research Conducted: The proposed award is to support the preservation of essential engineering, research and development capabilities at an educational institution. The Contracting Officer reviewed all fourteen DoD UARCs and found that UT/ARL with their unique capabilities is the only UARC to meet DARPA’s requirement. Additionally, all relevant DoD documentation pertaining to UARCs was reviewed by the Contracting Officer which included the DoD UARC Engagement Guide dated April 2013; the DoD UARC Management Plan dated July 2010; the Department of the Navy UARC Sponsor Guidance and Business Rules; and the Naval Sea Systems Command (NAVSEA) master UARC contract with

UT/ARL (N0002417D6421).

9. Other Facts Supporting the Use of Other Than Full and Open Competition: As stated in a Memorandum from then Director of Defense Research and Engineering dated August 8, 2010, UARCs receive sole source funding to establish and maintain essential research, development, and engineering capabilities defined as core under the authority of 10 U.S.C. 2304(c)(3)(B). UT/ARL is a UARC that has a long-term strategic relationship with DoD sponsoring organizations. UT/ARL operates in the public interest, free from real or perceived conflicts of interests not competing with others for acquisitions stemming from its Government-funded research, development, and engineering capabilities.

10. List of Other Interested Sources: Not Applicable. The purpose of this effort is to preserve essential capabilities herein described at the named educational institution.

11. Actions to Remove or Overcome Barriers to Competition: No actions have been or will be taken to remove or overcome barriers to competition for any subsequent acquisition for the services required because under the authority of 10 U.S.C. 2304(c)(3)(B), it is necessary to award the contract to this particular source to maintain the essential capabilities described in paragraph five (5) above that are not available completely elsewhere.