Redacted_JA_MOMRP_Sole_Source.pdf

Control No: JA16064

Justification Review Document for Other Than Full and Open Competition

Program/Equipment: DHPe and MOMRP Research and Development (R&D) Project.

Authority: FAR 6.302-1(a)(2)(iii)

Amount: $2,828,527.36

Prepared by:

Technical Representative:

Requirements Representative:

Program Manager:

Reviews: I have reviewed this justification and find it adequate to support Other Than Full and Open Competition.

Contracting Officer:

Special Advocate for Competition:

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

Control No. JA16064

1. Contracting Activity: The contracting activity for this action is the U.S. Army Medical Research Acquisition Activity (USAMRAA), Fort Detrick, MD, in support of the Defense Health Program Enhancement (DHPe) operational medical research program and Military Operational Medicine Research Program (MOMRP) at Fort Detrick, MD.

2. Description of Action: This approval is for a follow-on research and development (R&D) contract. This will be a Cost Plus Fixed Fee Contract (CPFF) using FY 2015 Research, Development, Test and Evaluation (FDT&E) funds. The total estimate price is $2,828,527.36.

3. Description of Supplies/Services: The follow-on contract being acquired is to support the DHPe and MOMRP R&D project working towards the completion of mathematical models and a concussion mechanism and dosimetry research for the completion of a concussion risk predication algorithm under US Army Medical Research and Materiel Command (USAMRMC) R&D Task Areas K68, C9 & C10, and head supported mass research (HSM) towards the completion of a head supported mass injury risk prediction tool under USAMRMC Task Area K6. The period of performance is anticipated to last fifteen months with the understanding that the total amount of months may change insignificantly during negotiations with the contractor. The total award value is estimated at $2,828,527.36.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1(a)(2)(iii), services are available only from the original sources in the case of follow-on contracts 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.

5. Reason for Authority Cited: This follow-on will allow L-3 (formerly known as Titan Corporation) to continue research and development in support of MOMRP to complete its ten-year long research and development work towards the completion of a mathematical model, concussion risk predication algorithm and a head supported mass injury risk prediction tool. Within those ten years, valid and proprietary data has been developed by L-3 who will continue to provide the foundation for the primary deliverables on this follow-on R&D effort. 31 December 2015 was the end date of the Task Order number W81XWH-11-D-0011-0011 in support this R&D effort. The follow-on R&D contract will allow L-3 to complete the development of the required deliverables within the fifteen month time period as requested by MOMRP.

6. Efforts to Obtain Competition: The statutory authority applicable to this action requires that the agency request offers from as many potential sources as is practicable under the circumstances. The effort to obtain completion for this action was accomplished through posting a Sources Sought Notice via FBO.gov on 30 October 2015 for 30 days. There were three respondents that provided research capabilities for consideration by the Government as of closing date of 30 November 2015. After review of the sources sought information, the Government determined that due to the lack of proprietary data, interested sources will not have the best ability to provide the deliverables in the fifteen month timeframe requested by MOMRP.

7. Actions to Increase Competition: MOMRP and the USAMRAA Contracting Office will review upcoming R&D projects for competitive acquisition strategies. This would include posting specific research projects via a Broad Agency Announcement (BAA).

The BAA would then allow for Peer Reviews and Technical Evaluations on all interested parties who respond to the BAA by proposal submission.

8. Market Research: Initial Market Research was performed by MOMRP on 26 October 2015. The MOMRP Market Research included review of websites of companies that performed the same or similar functions identified in the PWS and a thorough review of the proposals submitted in response to the original solicitation for W81XWH- 11-D-0011. In addition, a review of the Eagle Eye database and Occupational Outlook Handbook was conducted to identify salary range for fulfilling this requirement. Further Market Research was conducted by posting a Sources Sought on FBO.gov on 30 October 2015. A Notice of Intent to Sole Source was published on FBO.gov on 10 December 2015. No responses were received to the (15) day notice ending on 24 December 2015.

9. Interested Sources: A Sources Sought Notice was released on 30 October 2015 for 30 days seeking qualified Businesses. Capability Statements were received from 3 contractors of which 2 were Small Businesses, Hyperion Biotechnology Inc. which is a Service Disabled Veteran Owned Small Business and Venesco LLC which is an 8(a) Small Disadvantaged Business. The other respondent, the Cleveland Clinic, is an Other Than Small Business Company with Small Business Partners. MOMRP representatives were contacted to see if they believed any of the small businesses could meet the requirement. The representatives stated that due to the previous contractor having years of valid and reliable proprietary data, they will have the best ability to provide the deliverables in the fifteen month timeframe requested by MOMRP.

A Notice of Intent to Sole Source was posted on to FedBizOpps on 10 December 2015 for 15 days to identify if there are any interested sources that may be able to conduct the follow on work. There were no responses made to the Notice of Intent Posting.

10. Other Facts:

a. Procurement history

(1) Contract numbers and dates of the last several contracts for these requirements. Previous contracts awarded for work included in this requirement are identified in Table 1 below. Both contractual actions were awarded through the Broad

W81XWH-11-D-0011 ended before Option Period 4 was exercised. After the Base Award expired, it was discovered that there was still work that needed to be done in order to complete the research and development that was done in support of MOMRP to work towards the completion of a concussion risk predication algorithm and a head supported mass injury risk prediction tool. Within those ten years, valid and proprietary data has been developed by L-3 that will provide the foundation for the primary deliverables on this contract within the fifteen month time period requested by

MOMRP.

(7) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys. Not applicable.

(8) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes. Not applicable.

b. Other facts. Not applicable

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.

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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract extension action will be fair and reasonable. Fair and reasonable pricing will be assured through price analysis to include comparison with historical costs for services performed, an Independent Government Cost Estimate, and negotiation with the organization. Cost and pricing data will be required in accordance with FAR

15.403-1.

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

15. Legal Sufficiency: Based on the information provided in this document, I hereby determinethat this contract action to be fair and reasonable.

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of follow on R&D services on an Other Than Full and Open Competition basis. Pursuant to the authority of 10 U.S.C. 2304(c)(1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.