A02_-_Redacted_Exception_to_Fair_Opportunity_Justification_(Crystallization).pdf

Control No: JA-19-Adel-465

Contractor: Applied Research Associates (ARA)

Supply/Service: High Energy Laser (HEL) Technologies, Concepts, and Components

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Programs/Equipment: New Work Modification for additional analysis and support under task order W911QX-15-D-0004-0002, High Energy Laser (HEL) Technologies and components.

Authority:

10 U.S.C. 2304c(b)(3) as implemented by FAR Part 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

Amount:

Prepared by: DSN:

Physicist Date: 07/22/2019 Email:

Contracting Officer: Joseph Dellinger DSN:

Contracting Officer Date: 07/22/2019

Technical: DSN:

Physicist Date: 07/22/2019

Requirements: DSN:

Branch Chief Date: 07/22/2019

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Program Manager:

Supply/Service: High Energy Laser (HEL) Technologies, Concepts, and Components

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: Army Contracting Command (ACC) – Aberdeen Proving Ground (APG), Adelphi Contracting Division (CCAP-SCA), 2800 Powder Mill Road, Adelphi, MD 20783-1197

2. Description of Action: The Sensors and Electron Devices Directorate (SEDD) Laser Direct Energy and Protection Branch (RDRL-SEE-L) of the Army Research Laboratory (ARL) requests a cost-plus-fixed-fee (CPFF) new work modification to existing task order W911QX-15-D-0004-0002 with Applied Research Associates (ARA), 4300 San Mateo Boulevard NE, Suite A220, Albuquerque, NM 87110-1295. The Government projects award for 07 August 2019 and fiscal year 2019/2020, Army Research, Development Test, and Evaluation (RDT&E) 6.2 funds will be used.

_X_ An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services: The supplemental agreement for new work modification will consist of one (1) key enhancement from the original Performance Work Statement (PWS):

Further analysis needs to be conducted under PWS section C.2.3.2 Growth Method Plan, in order to enhace the proposed growth methods for high optical quality fluoride single crystals. This enhanced growth plan will assess advanced fluoride crystalline materials to support high pulsed energy, direct diode-pumped Mid-IR sources. The effort will develop advanced fluoride crystalline material samples to support spectroscopic and laser laboratory testing and assessments by ARL. This change is required in order to develop advanced laser gain materials with alternative wavelengths, as well as test and analyze new growth methods and crystal chemistries.

Period of Performance: 08 August 2019 through 07 February 2021 The estimated cost for this portion of the work is

4. Authority Cited:

10 U.S.C. 2304c(b)(3) as implemented by FAR 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

5. Reason for Authority Cited:

The existing task order W911QX-15-D-0004-0002 was awarded on 30 September 2016 to ARA and was one of the awardees that competed under the Persistent Surveillance – Intelligence, Surveillance, and Reconnaissance (PS-ISR) ISR Concepts Multiple Award (MA) Indefinite Delivery Indefinite Quantity (IDIQ) contract. There were a total of six (6) awardees, however, the seventh base award holder, Imperatis, was no longer eligible for award due to filing for bankruptcy. As a result, they were not solicited to and all awards they hold are in the process of being terminated for default. The remaning six (6) active awardees were given fair opportunity to be considered for this existing task order, however, ARA was the only company to respond to the Request for Task Order Proposal.

Due to the intial work currently being performed by ARA, they were an obvious candidate to pursue continuation and expansion of the work performed since they had gained inherent knowledge of the requirement during their prior performance of this task order.

Under the current contract, identified in section C.2.3 of the PWS, Advanced Fluoride Crystalline Materials, additional support is needed in order to enhance the crystal growth plan by conducting growth runs to test and analyze new growth methods and crystal chemistries. Section C.2.3 of the PWS specified the development of rare earth (RE)-doped fluoride crystals for Mid-Infrared (IR) lasers. Initially, the PWS referenced an initial growth method plan for high optical quality fluoride single crystals. Current work under the task order, specifically results with Advanced Fluoride Crystalline Materials, has presented the need for an enhanced crystal growth plan in order to test new growth methods and crystal chemistries. This enhanced growth plan will assess advanced fluoride crystalline materials to support high pulsed energy, direct diode-pumped Mid-IR sources. The effort will develop advanced fluoride crystalline material samples to support spectroscopic and laser laboratory testing and assessments by ARL. Expanding the effort through the supplemental agreement for new work modification will allow the contractor to develop advanced laser gain materials (Advanced Fluoride Crystalline Materials) with alternative wavelengths. Enhancing the aforementioned growth plan will allow ARL to continue research efforts in the area of HEL weapons which offer the warfighter a potential for improved engagement, deep magazine, and low cost per shot. The Government will also be able to design and build a prototype with higher-per-pulse energy Mid-IR laser source that will protect the Army’s aircraft from next generation seekers utilizing the results of the task order.

ARA is the only vendor that will be able to complete the supplemental work required under C.2.3 Advanced Fluoride Crystalline Materials to enhance the proposed growth methods for high optical quality fluoride single crystals by developing advanced laser gain materials

Supply/Service: High Energy Laser (HEL) Technologies, Concepts, and Components with alternative wavelengths. This supplemental work is building on the work and discoveries already made by ARA and the Government. As a part of the original requirement, ARA developed a Growth Method Plan that identified potential dopants for RE doping. The identified and then Government-selected dopants were then developed into spectroscopic quality single crystals. Once the Government examined the crystals developed, they determined that the proposed growth methods submitted under the original task order could and should be enhanced.

If the Exception to Fair Opportunity is not granted and supplemental agreement for new work modification is not awarded, the Government will forfeit a fuller understanding of benefits of the Growth Method Plan that identified potential dopants for RE doping leading to more efficient Mid-IR laser source, thus potentially missing the advantage of transitioning to Mid-IR laser source for Aircraft Survavivability with much reduced SWAP and cost. Additionally, the development of more efficient and higher-per-pulse energy Mid- IR laser sources for aircraft protection will be lost, leaving the Government’s aircraft protection technology behind and putting the Army’s aircraft, and Warfighters, in jeopardy.

6. Actions to Increase Competition:

If the Government determines that additional work is required, a Request for Information will be considered amongst the PS- ISR Concepts MA IDIQ base awardees to extend competition to all of them if in the future similar work is required. Due to the research and proprietary growth method plans already developed by ARA, there is no possibility of competititon under the MAIDIQ without a substantial duplication of cost and effort (see section 5).

7. Market Research:

Market research was conducted from February 2019 to April 2019

Based on the aforementioned, additional market research would not identify viable alternative vendors to complete the new work under this TO as the new vendor would have to recreate the growth method plans already completed by ARA. The order must be issued on a sole-source basis to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. No other vendor is capable of performing the required new work without duplicating incurred costs and completed efforts (see section 5).

8. Other Facts:

a) Procurement History

i) Contract: W911QX-15-D-0004-0002

ii) Contractor: ARA

iii) Award Date: 30 September 2016

iv) Period of Performance: 30 September 2016 to 07 August 2019

v) Dollar Value: $935,049.80

vi) Competitive Status: Fair Opportunity

b. ARA is the only company that responded to the Request for Proposal for the original task order despite the requirement being solicited competitively amongst all MA IDIQ base holders.

9. 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.

Signer’s Title: Physicist

10. 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.

Signer’s Title: Branch Chief

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

_X_ Cost analysis __ Price analysis __ Should-cost

__ IGE

__ Audit:

__ Other:

As a part of this basis, certified cost or pricing data:

__ Will be required.

X Will not be required and the following exception applies (FAR 15.403):

__ Prices that will be agreed upon are based on adequate price competition.

__ Prices that were established during the original competition that are not subject to negotiation.

Supply/Service: High Energy Laser (HEL) Technologies, Concepts, and Components

__ Prices that will be agreed upon are based on prices set by law or regulation.

__ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

_X_ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

8/1/2019

X Joseph Dellinger

Contracting Officer (KO)

Signed by: DELLINGER.JOSEPH.M.1456820650

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

8/1/2019

X Joseph Dellinger

Contracting Officer (KO)

Signed by: DELLINGER.JOSEPH.M.1456820650

Supply/Service: High Energy Laser (HEL) Technologies, Concepts, and Components

Approval Based on the foregoing justification, I hereby approve the procurement of a new work modification for additional analysis and added support under awarded task order W911QX-15-D-0004-0002, High Energy Laser (HEL) Technologies and components using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(C) subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

8/1/2019

X Joseph Dellinger

Contracting Officer (KO)

Signed by: DELLINGER.JOSEPH.M.1456820650

(End of EFOJ)