Redacted_CAO-20-0265 TARC.PDF

Control No: CAO-20-0265

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Technology Advancement and Retention Center (TARC) Process Technology Development for the Combat Capabilities Development Command Armaments Center (CCDC AC).

Authority: Title 10 United States Code (U.S.C.) Section 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: ==============

Prepared by: ============ DSN: ========= ================== Date: ============

Contracting Officer: ============ DSN: ========= ==================== Date Reviewed: =========

Technical Representative: ============ DSN: ========= ==================== Date Reviewed: ========

Requirements Representative: ============ DSN: ========= ==================== Date Reviewed: ========

Version – September 2018 FOR OFFICIAL USE ONLY

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Typed Name: ============ DSN: ======== Signature: ============ Date: ===========

Branch Chief:

Division Chief:

Associate Director:

Legal Counsel:

FOR OFFICIAL USE ONLY

Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command - New Jersey

2. Description of Action: The Combat Capabilities Development Command (CCDC) Armaments Center requests approval for a new Firm-Fixed Price contract =========

3. Description of Supplies/Services: The U.S. Army has a need under the Technology Advancement and Retention Center (TARC), Process Technology Development Activity for ============================================================= =================================. This includes ================ ===================================.These ========== can be achieved through the ======================================================= ====================. ============= provide significant benefit to the U.S. Army through =========================================================== ====================. New process technologies, ======================== =============, will demonstrate ======================================= which ====================================== applications.

Period of Performance: =========================== Estimated Value: ===============

4. Authority Cited: Title 10 United States Code (U.S.C.) Section 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(B), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited: As described at FAR 6.302-1(a)(2)(iii)(B), services may be deemed to be available only from the original source in the case of follow-on contract for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements. The proposed source for this requirement is New Jersey Innovation Institute, Enterprise Development Centers, 323 Martin Luther King Jr Blvd, Newark, NJ 07102-1824.T

New Jersey Innovation Institute (NJII) was created by and staffed with personnel from New Jersey Institute of Technology (NJIT) and operates as a separate yet functionally-integrated organization with NJIT. ====================================== ====================================================. Their experience and expertise in ========================================== and

NJII, ====================================hold inventor ship on multiple utility patents associated with ============================================ ==========================================, provisional patent Application ================================================= and multiple process-related or end-item patents ============================================== =======================================================. These patents are the result of significant research and development associated with ============ and ====================== and evidence NJII’s unique expertise in this area.

Specifically, NJII has critical knowledge associated with ====================, associated with ===================================.

Additionally, NJII is the only contractor capable of executing the requirements associated with ====================================. These requirements are continuations from work conducted under prior efforts with NJIT (Contract #s W15QKN- 10-D-503-0013 Mod 4, W15QKN-17-D-0029 Task 0004, W15QKN-19-F-0003 Task 0007). NJII has developed =========================== for the successful execution of these requirements which no other contractor possess. This includes

Any source other than NJII would have an estimated delay of at least =======, assuming that the source was actively working on the below requirements concurrently.

Below reflects the summary of delays:

Requirement Delay Development of Expertise in Celluloid Material and Production Technologies

Establishment of Specialized Laboratory for Cellulose/Nitrocellulose Characterization

Development of Expertise in Nitrocellulose Analysis ======

The Government’s ================================================= =====. As described, any source other than NJII would require the development and establishment of the capabilities outlined above which would introduce a delay ======= =====================================================. For the continuous celluloid manufacturing task, ================================== ==============================. For the cellulose/nitrocellulose characterization activities, these delays are =========================================== =======. A delay would also be incurred while training personnel on characterization of nitrocellulose in accordance with ========================== and developing correlations for analytical techniques requiring ================. This delay would =====================================================. Each of these =======================================================, including both Failure to meet ==================== plans would ======================== ======================================================. Delays would also have an adverse effect on ========================================= =====================. Failure to =========================== may have ===========================================================. It is not feasible for another supplier to perform this work because this work must be performed concurrently ====================================================== ============================================== process.

There are no known possible alternatives available to the Government. NJII is the only contractor with ==============================================. NJII has been partnering with the CCDC Armaments Center ================= to support the development of technologies and capabilities related to these requirements. Due to === ===================================, requirements under this work statement cannot ==============================. Developing these additional capabilities would result ========================================================.

As such, the only other alternative would be to stop work which would result ========

6. Efforts to Obtain Competition:

a. Effective Competition: Because this is a sole source action, effective competition is not applicable. The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

b. Subcontracting Competition: Publicizing subcontracting opportunities will be performed by the prime contractor and subcontractors/suppliers, as appropriate, in accordance with FAR 5.206. FAR 52.244-5 Competition in Subcontracting, will be included in the resultant contract.

7. Actions to Increase Competition: Full and open competition is not practical at this time. There are no plans to compete the requirement for TARC Process Technology Development in the future as NJII is the only source that has the required expertise and tools required to execute the requirements. However, the Government intends to obtain Government Purpose License Rights to all data produced under this contract which should allow future requirements to be competed. Future competitive requirements will depend on if data received from this anticipated contract successfully evolves.

8. Market Research: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a request for information or sources sought ID (W15QKN20X09Q3), was published to the System for Award Management (SAM) database on 28 Jan 2020 for 15 days and closed on 13 Feb 2020. No responses were received. The market research was conducted by ======================== ============== through the use of web tools and searches, including patent databases, technical journals, publically available presentations and reports from conferences, and company websites. In addition, further market research was conducted through technical discussions with Government subject matter experts, project engineers, and industry contacts. As many of the technologies to be developed under this effort are ===================================================, ===============, to include the operating contractor and ====================.

The market research, which included web searches, discussions with Subject Matter Experts, and a sources sought notice, produced no other potential options for the success completion of this effort.

9. Interested Sources: To date, no other sources have written to express interest.

10. Other Facts:

a. Procurement History:

(1) Contract Number: W15QKN-17-D-0029 Award Date: 14 June 2017

(2) Competitive Status: Other Than Full and Open Competition

(3) Authority: 10 U.S.C. 2304(c)(1) Only one responsible source and no other supplies or services will satisfy agency requirements

(4) Summary of Paragraph 7: There were no plans to compete this requirement.

However should the Government’s technical needs expand beyond the scope of this requirement, these additional requirements would be synopsized and advertised for potential competition most likely through a BAA.

(5) No previous F&OC contracts for these requirements were identified.

(6) There were no unusual patterns that may be revealed by the history.

(7) Justification prepared to support the procurement made before this one was only one responsible source. There have been no significant changes. The technical requirements defined for this effort require highly-specialized and specific skillsets related to =========================================================.

There are no businesses other than the New Jersey Innovation Institute that are known to be capable of executing this effort with acceptable cost, schedule, and technical risk levels.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: =============== Date: ===== Title: ===================== Signature: ==========

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: =============== Date: ===== Title: ===================== Signature: ==========

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination will be made using cost analysis, price analysis, and comparison to the independent Government Cost Estimate. As part of this basis, certified cost or pricing data will be required.

Typed Name: ================ Date: ============ Title: Contracting Officer Signature: ====================

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: ================ Date: ============ Title: Contracting Officer Signature: ====================

Approval

Based on the foregoing justification, I hereby approve the procurement of Technology Advancement and Retention Center (TARC) Process Technology Development on an other than full and open competition basis pursuant to the authority of Title 10 United States Code (U.S.C.) Section 2304(c)(1) as implemented by Federal Acquisition Regulation 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The total value of this procurement is $ 5,087,135.15.

The approval is subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Advocate for Competition Date: =============== Army Contracting Command- New Jersey