J ARedacted.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. The Office of Acquisition Management (AQM) is conducting this acquisition for research, development, test and evaluation, systems innovations, integration, and engineering services on behalf of the Bureau of Diplomatic Security, Office of

Security Technology (DS/C/ST). The estimated cost is $_____.

2. Nature and/or description of the action being approved.

This justification describes a need for AQM to award a new indefinite delivery, indefinite quantity (IDIQ) type contract, on a sole source basis to Johns Hopkins

University/Applied Physics Laboratory (JHU/APL) on behalf of DS/C/ST. This contract will be awarded to JHU/APL in its capacity as a Department of Defense University

Affiliated Research Center (UARC). UARCs established by the Department of Defense

(DoD) all Federal Agencies to establish and maintain long-term strategic relationships with selected universities to conduct essential research, development, and scientific and engineering expertise in core competency areas important to national security.

3. A description of the supplies or services required to meet the Department’s needs.

JHU/APL shall perform engineering analyses, modeling and simulation, hardware/software prototyping, and testing as required to evaluate effectiveness of

Counter Remote Control Improvised Explosive Device (RCIED) Electronic Warfare

(CREW) systems; force protection technologies relative personal and vehicle armor, weapons supporting protective and enforcement needs as well as technical systems facilitating the department’s force protection needs. Independent validation and verification analysis are required for technologies and systems developed by commercial vendors and other federal and state government agencies/entities to assess feasibility, applicability, operational suitability, and contribution to DS mission objectives.

JHU/APL shall also leverage current and future TS/SCI CREW research, engineering, and hardware/software prototyping work being done for other government agencies and elements within the Department of Defense, which will significantly assist DS/C/ST in deploying CREW and tactical communications systems to High Threat Posts.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition for this effort is

41 U.S.C. 3304(a)(3)(B) as implemented in FAR 6.302-3(a)(2)(ii): “To establish or maintain an essential engineering, research, or development capability to be provided by an educational or other non-profit institution or a federally funded research and development center.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The DoD establishes relationships with UARCs on a competitive basis with limited domains in defined core competencies. Within DoD, the Director, Defense Research and

Engineering (DDR&E) designated JHU/APL as a UARC in order to maintain essential engineering, research, and development capabilities across the Department of Defense and other Federal Agencies. Federal Agencies are authorized to award their own contracts directly to DoD-sponsored UARCs when they require extensive or long-term services that fall within scope of a UARC’s defined core competencies.

The services under this requirement are consistent with JHU/APL’s mission and core competencies. JHU/APL is customary beneficiary of multiple sole source awards from

DoD and Federal Agencies during a given fiscal year under authority of 10 U.S.C.

§2304(c)(3)(B) or 41 U.S.C. 3304(a)(3)(B), and the cumulative average of these awards is in excess of $6 million annually. By committing to this significant level of effort with multiple customers, JHU/APL is enabled to maintain the DoD as its primary sponsor and receive sole source awards in accordance with the DoD’s UARC Management Plan and the UARC Engagement Guide.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

In accordance with FAR 5.202(a)(10), a notice of proposed award is not required.

However, in accordance with 41 U.S.C. 3304(f)(1)(A) as implemented by FAR 6.305, the approved justification will be made publicly available on FedBizOpps within 14 days after contract award.

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

The Contracting Officer will ensure that the final negotiated price for all task orders placed under the contract are fair and reasonable by using the analysis techniques found in FAR 15.404, to include a comparison with the respective Independent Government

Estimate(s) and historical information.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

The JHU/APL has previously provided support to DS/C/ST under the UARC contract issued by Naval Sea Systems Command (NAVSEA) as the Primary Sponsoring Agency.

In this scenario, DS/C/ST entered into an Inter-Agency Agreement with NAVSEA where

NAVSEA, as the servicing agency, agreed to issue an assisted acquisition for the required services from JHU/APL. Given the success of JHU/APL’s efforts, DS/C/ST is following the DoD UARC Engagement Guide encouragement to “examine the capabilities of DoD

UARCs to determine if it can provide [the component] with research or analytic support.”

DS/C/ST subsequently reviewed the core competencies of the established DoD UARCs and determined that their requirement aligns most closely with the core competencies of the JHU/APL UARC. In accordance with DoD policy JHU/APL UARC does not substantially duplicate capabilities existing at another established DoD UARC.

For the rationale set forth above, DS/C/ST is seeking to continue an existing relationship with a DoD UARC by the most efficient and cost effective means possible.

9. Any other facts supporting the use of other than full and open competition.

The operational experience that JHU/APL has gained over the years is consistent with

DoD’s defined characteristics of the UARC relationship; specifically, “to provide comprehensive knowledge of sponsors requirements and problems; to provide current operational experience; to provide independence and objectivity; and to provide responsiveness to evolving sponsor requirements.” Utilizing another DoD UARC is not appropriate as the tasks in this requirement align with the key technical areas of

JHU/APL for which they were strategically designated as a DoD UARC.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. Include a statement that this J&A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J&A is for unusual and compelling urgency.)

Generally, UARCs may not compete against industry in response to competitive Requests for Proposals (RFPs) for development that involve engineering expertise developed or sustained through contracts awarded under 10 U.S.C. §2304(c)(3)(B) or 41 U.S.C.

3304(a)(3)(B). However, in accordance with the DoD UARC Management Plan, if

JHU/APL’s capabilities for this task order are made available to one industry partner, the

UARC capabilities will be made equally available to all potential industrial partners.

Additionally, the duration of the IDIQ has been limited to the maximum extent practicable to allow for potential future sources to be contemplated. The Government will more frequently review its requirement and continue to survey the marketplace to identify potential sources that can perform this requirement if it is ever determined that a

UARC will not be used to perform the specified work under the authority of 41 U.S.C.

3304(a)(3)(B).