Original JA Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-0001

IN REPLY REFER TO

J&A Number: 64,325 Code: SEA 0264

N00024-22-NR-01001

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command (NAVSEA), Undersea Systems Contract Division (SEA 026).

2. Description of Action Being Approved

Award of an Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract on a sole source basis to the Johns Hopkins University Applied Physics Laboratory (JHU/APL) for essential research, development, and engineering services in support of the Department of the Navy University Affiliated Research Center (UARC) Office, NAVSEA 00U.

3. Description of Supplies/Services

The proposed contract will feature a base five-year ordering period with staff hours, and a five-year option period containing available staff hours for a total potential staff hours of essential engineering, research, development, test, and evaluation support services to NAVSEA 00U, with work being performed at JHU/APL.

The total estimated cost of the proposed acquisition is and a projected funding profile is as follows:1

1 This projected funding profile is based on historical data. The specific appropriations breakdown will be determined as the task orders are issued over the life of the contract.

Under the proposed contract and anticipated task orders, JHU/APL will provide essential engineering, research, development, test, and evaluation capabilities for Navy, DoD, and non-DoD sponsors within the following DoD-approved UARC core competencies: Strategic Systems Test and Evaluation; Submarine Security and Survivability;

Space Science and Engineering; Combat Systems and Guided Missiles;

Air and Missile Defense and Power Projection; Information Technology (C4ISR/IO); Simulation, Modeling, and Operations Analysis; and Mission-Related RDT&E. These capabilities have been established and maintained at JHU/APL, and are essential to performing engineering and developmental work that calls for the practical application of investigative findings and theories of a scientific or technical nature in support of a variety of specific programs managed by numerous technical sponsor organizations.

While this is a Navy contract, other military and civilian agencies of the Federal Government may assign tasks when their requirements are closely aligned to the core competencies of this UARC and with Navy mission and goals.

The Government's minimum needs have been verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C. 3204(a)(3) (formerly 10 U.S.C. 2304(c)(3)), Industrial mobilization; engineering, developmental, or research capability;

or expert services.

5. Rationale Justifying Use of Cited Statutory Authority

Award of the proposed contract to JHU/APL is necessary to maintain an essential engineering, research, or development capability to be provided by the institution, in accordance with 10 U.S.C.

3204(a)(3)(B). Over the past 75 years, the Navy has developed a continuing strategic relationship with JHU/APL. Since its establishment during World War II, JHU/APL has been maintained and operated as a Navy-oriented research and development laboratory structured and managed to address the specific needs of the Naval Warfare Establishment. The Navy and DoD validate and document the continuing need to maintain the JHU/APL’s core competencies prior to each contract award and each option exercise (i.e. about every five years) through a DoD-approved UARC comprehensive review.

JHU/APL capabilities consist of diverse technical and programmatic staff skills, management skills, extensive experience with Navy programs, extensive corporate memory, JHU/APL's access to a pool of experts, broad industry interactions, and many supporting and specialized facilities on the JHU/APL campus. While individual capabilities could possibly be obtained from other sources, the strength of the laboratory is its ability to draw on research and development resources across multiple scientific and technological disciplines to solve complex technical and system-level problems.

The capabilities that will be maintained include JHU/APL's ability to provide independent evaluations as required by the Government, while simultaneously facilitating the transition of new technologies. The loss of essential capabilities currently maintained at JHU/APL, including corporate memory, could jeopardize the availability of some of the Navy's most critical technologies within the core competencies of this UARC.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

A synopsis of this effort on the SAM.gov website is not required per FAR 5.202(a)(10) because advance notice is not appropriate or reasonable. Advance notice is not appropriate or reasonable given that the statutory authority referenced in Section 4 is to maintain an essential source and, therefore, no other primes will be considered. However, the sponsoring manager of each individual task order attests to the necessity that the task be performed by JHU/APL in the certification and endorsement of the requirement.

The Government will seek to promote small business subcontracting when subcontracting is required to perform individual task orders.

7. Determination of Fair and Reasonable Cost

The Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by this J&A are fair and reasonable. In order to ensure that the costs for future orders under the proposed IDIQ contract will be fair and reasonable, the Contracting Officer will obtain cost and pricing data, and will utilize the assistance of the Defense Contract Audit Agency (DCAA) and the Defense Contract Management Agency (DCMA) in making such determinations. DCMA is responsible for administering (negotiating and approving) the indirect rates for JHU/APL.

Finally, costs unique to individual task orders will be examined and approved on a task-by-task basis as the orders are placed on the contract.

8. Actions to Remove Barriers to Competition

There are no plans to compete this requirement for the reasons stated in Section 5 above.

As this is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).

SENIOR PROCUREMENT EXECUTIVE APPROVAL

Upon the basis of the above justification, I hereby approve, as the Senior Procurement Executive of the Navy, the solicitation of the proposed procurement using other than full and open competition, pursuant to the authority of 10 U.S.C 3204(a)(3).

Signature Date Principal Civilian Deputy Assistant Secretary of the Navy (Research, Development, and Acquisition) Performing the Duties of the Assistant Secretary of the Navy (Research, Development, and Acquisition)