47QFMA23F0017_-_CAAS_EFO_redacted.pdf

GSA FAS AAS – Army

Justification for an Exception to Fair Opportunity

For United States Cyber Command (USCYBERCOM)

Command Advisory and Assistance Services (CAAS)

Acquisition ID: 47QFMA24K0024

Note: This document is prepared in accordance with the requirements of FAR 16.505(b)(2)(i)(B).

1. Identification of the Agency and the Contracting Activity and Specific Identification of the Document as a “Justification for an Exception to Fair Opportunity”

This document is identified as a Justification for an Exception to Fair Opportunity and is processed on behalf of the

United States Cyber Command (USCYBERCOM).

The contracting activity is General Services Administration (GSA) Federal Acquisition Service (FAS), Assisted Acquisition

Services (AAS) Army, Sector 3 - Philadelphia, PA.

2. Nature and/or Description of the Action Being Approved

The action being approved is a sole source modification to the USCYBERCOM Command Advisory and Assistance Services

(CAAS) task order 47QFMA23F0017 under the GSA OASIS IDIQ Contract 47QRAD20D1103.

3. Description of supplies/services required to meet the agency’s needs

Task Order 47QRAD20D1103/47QFMA23F0017 is an administrative continuance from 47QRAD20D1103/

47QFCA22F0041 which was transferred from FEDSIM to AAS-Army. FEDSIM administered the Base Year and AAS-Army is administering Option Years 1, 2, 3 and 4. Task Order 47QFMA23F0017 was issued on 03 August 2023 to exercise

Option Year 1. The USCYBERCOM CAAS task order provides Advisory and Assistance Services (A&AS) to assist all

USCYBERCOM programs and operations supporting USCYBERCOM's mission which is to defend the nation from cyber threats, protect the department's networks, and conduct cyber operations. The A&AS include the application of cyber acquisition and program management expertise to establish and execute superior performance for command-wide programs and operations. The A&AS range from providing administrative assistance to expert technical assistance on national efforts that will contribute to maintaining, expanding and strengthening DoD cyberspace capabilities. The services will ultimately improve the integration of DoD's cyber expertise.

This modification is to incorporate additional operational and program analysis support services to the J9 to advance the overall mission of the program office, through its project objectives, and conduct support activities and functions to sustain the day-to-day business practices of the organization. This modification has a total estimated price of for the remainder of Option Year 2 and all of Option Years 3 and 4 which includes

4. Identification of the exception to fair opportunity

The statutory exception to fair opportunity is FAR 16.505(b)(2)(i)(B), only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

The United States Congress designated USCYBERCOM as an Agency with enhanced budget control in March 2024 giving the command direct control over the planning, programming, budgeting, and execution of resources for the Cyber

Mission Force. The enhanced budget control authorities include oversight of the offensive and defensive budgets for the cyber mission force, acquisition authority, capability integration authority, and training. Due to the enhanced budget control, the J9 Directorate mission has substantially increased from one (1) Senior Executive Services (SES) civilian to six

(6) SES’s.

The Contractor, Cyber Engineering and Technical Alliance (CETA), supports J9 in developing and maintaining their processes and procedures. One of CETA’s main responsibilities is to build custom processes internal to J9 to keep each

USCYBERCOM Directorate in-sync with both internal and external tasks. CETA is already ingrained in the USCYBERCOM structure and would be the only responsible source to reasonably provide the A&AS and execute the additional requirements due to the rapid changes happening at USCYBERCOM. An example of a recent change that CETA supported is Air Force civilian employees at USCYBERCOM switching over to Army civilians under a program overseen by U.S. Army

Cyber Command, and the transfer of authority and responsibility during the transition of Flag Officer Leadership. CETA was instrumental in developing the processes and procedures within J9 and understands how to interact with and support high level personnel which will ensure there are no learning curves and reduces the risk of errors to ensure seamless support. Additionally, due to established relationships CETA has with the USCYBERCOM Security Office, CETA can onboard personnel within 90 days whereas it would take a new contractor at least 180 days.

The J9, Cyber Acquisition and Technology Directorate, is at a critically low manning level (26% manned). The

Government does not have the manpower to train a new contractor on the policies and procedures for onboarding and security processing. In addition to competing a new contract to rebuild and train an entirely new governance support team, a new contractor will be required to go through security processing which will add considerable gaps in service up to two years. Moreover, it would be inefficient having two contractors support the same requirement as the

Government would have to provide oversight on two identical efforts.

Re-competing and awarding to a new contractor would have a significant impact on USCYBERCOM’s mission as a delay in the onboarding process will prevent USCYBERCOM from having the necessary ancillary support to advance the overall mission of the program office. In addition, USCYBERCOM will have to train new contractor personnel, therefore, they will not be able to focus on their mission of maintaining and expanding the DoD cyberspace capabilities.

5. Determination by the ordering activity Contracting Officer that the anticipated cost to the

Government will be fair and reasonable

The ordering activity Contracting Officer is taking appropriate measures to determine the best value for this action. The level of effort and mix of skills for the task areas have been accurately projected and are substantiated in the

Independent Government Cost Estimate (IGCE). The Contracting Officer will verify that the offeror’s proposal is consistent with the terms and conditions of the underlying GSA OASIS Small Business Pool 1 Indefinite Delivery Indefinite

Quantity (IDIQ) and will compare the detailed backup data provided in the proposal with the underlying GSA OASIS

Small Business Pool 1 IDIQ and to the Government’s IGCE, which is based on current prices paid.

The assigned GSA Project Manager (PM) will complete a technical evaluation on the contractor’s technical submission to ensure the labor mix and hours are appropriate for the work to be performed. A price/cost analysis will be performed including the verification of rates. A modification to add the additional support will not be made until the Contracting

Officer has determined that the prices proposed are fair and reasonable and that the additional support represents the best value to the Government. This approach provides the greatest overall benefit in response to the requirement and results in the lowest overall cost alternative, namely in the forms of time, cost, risk, and opportunity.

6. Any other facts supporting the justification

None

7. A statement of actions to remove or overcome barriers to exception to fair opportunity

The CAAS Task Order was awarded under the GSA OASIS Small Business Pool 1 IDIQ contract and gave all offerors fair opportunity to participate and be considered. For this action, the Government will solicit only CETA under their GSA

OASIS Small Business Pool 1 IDIQ contract to enable the fulfillment of this requirement. No other firm can provide the necessary services at requisite level of expertise within the timeframe required. However, if future expenditures and allowances are granted for continued support during the period of performance of this task order, all efforts will be made by the Government to seek alternate sources of service for the support.

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