M04 - FGM SOW Update JA - Redacted.pdf

JUSTIFICATION AND APPROVAL (J&A) FOR

OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the Agency and Contracting Activity

The Defense Advanced Research Project Agency (DARPA), Contracts Management Office (CMO), proposes to execute a modification to contract HR001124C0517 to update the statement of work to include new tasks specifically around the sales process, product marketing materials development, and industry conference attendance.

2. Nature and/or Description of the Action Being Approved

A firm-fixed price modification to contract HR001124C0517 for increased business development activities especially around DOD and commercial customer marketing and visibility is contemplated for this effort. This contract was competitively awarded in response to Commercial Solutions Opening solicitation HR001125SC001 in accordance with DFARS 212.70 utilizing FAR subpart 13.5 procedures.

3. Description of Supplies or Services Required, Including the Estimate Value

The modification includes additional digital marketing efforts, main-stream media outlets, new in-person conferences, and professional video creations to effectively leverage new understandings and learnings identified under the current Embedded Entrepreneur (EE) effort. It also includes the development of professional templates of proposal documentation and digital marketing expansion.

The estimated dollar value of this modification is . The estimated dollar value for this modification is based on market hourly rates for and Embedded Entrepreneur, Inside Sales, and a Consultant, multiplied by the Government estimated hours for each of these labor categories needed to complete the modification tasks.

4. Statutory Authority Permitting Other Than Full and Open Competition

This acquisition is conducted in under the statutory authority of 10 U.S.C.§2304(c)(1) as implemented by FAR 6.302-1 – only one responsible source and no other supplies or services will satisfy the needs of the agency.

5. Demonstration of the Contractor's Unique Qualifications

Contract HR001124C0517 was competitively awarded in response to Commercial Solutions Opening solicitation HR001125SC001 in accordance with DFARS 212.70. Solicitation HR001125SC001 was for “transitioning innovative solutions derived from DARPA R&D-funded technologies into capabilities that fulfill requirements, close capability gaps, or provide new

JUSTIFICATION AND APPROVAL (J&A) FOR

OTHER THAN FULL AND OPEN COMPETITION

technological advancements” through the embedded entrepreneurship initiative. This results in multiple awards under solicitation HR001125SC001 for various innovative solutions. Each proposal submitted in response to the solicitation HR001125SC001 is for unique innovative solutions and not in response to a common set of requirements statement defined by the Government. Since this contract is for the transition of the awarded innovative solution, FormAlloy is the only source qualified to extend their marketing efforts to capture incremental DOD and commercial customers.

6. Efforts to Obtain Competition

Contract HR001124C0517 was competitively awarded in response to Commercial Solutions Opening solicitation HR001125SC001 in accordance with DFARS 212.70. Since this modification is for the extension of their marketing efforts to capture incremental DOD and commercial customers, which is similar to work already being conducted under contract, it is not prudent to seek competition for this modification.

7. Determination of Fair and Reasonable Cost

The contracting officer has determined that the anticipated cost for this modification will be fair and reasonable based on a detailed analysis of the contractor’s modification proposal.

8. Market Research Conducted

During the execution of the EE effort, The results of this market research indicated the need for this modification in order to further refine the sales process and product marketing materials as well as attend additional industry conferences to capture additional identified markets.

9. Other Supporting Facts

None

10. Interested Sources

Since this action is for a modification to an existing contract for work similar in scope to what is already being conducted on contract, no interested sources have been identified.

11. Actions to Remove Barriers to Competition

Contract HR001124C0517 was competitively awarded in response to Commercial Solutions Opening solicitation HR001125SC001 in accordance with DFARS 212.70. The Government has continued the use of Commercial Solutions Opening under solicitation HR001125RE003, which is open from May 1, 2025 – April 30, 2026. Through solicitation HR001125RE003 the