JA AWS Cloud Services Bridge.pdf

JUSTIFICATIO N FO R AN EXCEPTIO N TO FAIR OPPO RTUNITY

AWS CLO UD PRO DUCTS

OFFICE O F TECHNO LO GY AND INNO VATIO N

FAR 16.505(b)(2)(i)(A)

In accordance with FAR 16.505(b)(2)(ii)(B), the following information is required and is provided in support of this Justification for an Exception to Fair Opportunity:

(1) Identification of the Agency Name: Consumer Financial Protection Bureau, Office of

Technology & Innovation (T&I).

(2) Nature and/or description of the action being approved:

The proposed action is for the issuance of an order under urgent procedures to continue ongoing mission critical IT services for the duration of corrective action measures, which are being taken in response to a bid protest that was filed before the Government Accountability Office (GAO) against the Bureau concerning a newly awarded order for those services. The work is currently performed under 9531CB20F0005; however, the work cannot continue to be performed under the new contract at this time because of a statutorily-mandated automatic stay of performance as a result of the post-award bid protest. The Contracting Officer (CO) for the new order will issue the required stop-work order as soon as practicable as a result of the protest. A short-term order is necessary to continue obtaining mission critical IT services and following the normal competitive procedures would result in unacceptable delays. The services under this order will replace services determined critically necessary. The services to be performed under this order are a continuation of the services provided by the Bureau’s cloud provider, Amazon Web Services (“AWS”), in order to support CFPB’s critical services dedicated to internal and external business processes at the necessary level of security.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value):

This procurement is to continue the cloud services provided by an AWS certified reseller to ensure that necessary services are provided without interruption for the duration of corrective action measures. The estimated maximum value of these services is $1,510,662.25, for a Base period of one (1) month and four (4) one (1) month option periods.

Contract Number: 9531CB20F0027 Justification and Approval for Brand-Name Specifications

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(4) Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited:

This order is being placed under urgent procedures. FAR 16.505(b)(2)(i)(A) permits the placement of orders using limited sources if an urgent need exists and providing fair opportunity would result in unacceptable delays. There is an urgent need as these mission critical services must continue, without interruption, and the Bureau must stay performance of the current contract for these services due to a bid protest that was filed before GAO. Any service interruption would result in considerable disruption and unacceptable risk to ongoing program operations as the lack of these services would severely impact, and in many instances impede, the Bureau’s ability to conduct basic day-to-day operations. All CFPB services such as cf.gov, HMDA, Qu, Beta.cf.gov, Jenkins, Splunk, Jira, will become unavailable and offline.

(5) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. The services will be obtained through a quote based on the NASA SEWP IDIQ contract #NNG15SC21B. Fair and reasonable price will be determined based on evaluation using the following method(s):

. Comparison of the proposed prices to historical prices paid by the CFPB for the same or similar items. Current prices can be considered a valid basis for comparison, as there is no time lapse between the last acquisition and the present one, terms and conditions of the acquisition are remain relatively unchanged, and the prior price was determined to be reasonable.

(6) Any other facts supporting the justification:

None

(7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

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CFPB will move expeditiously to resolve the protest at issue, undertaken appropriate corrective action measures, and obtain performance under order via the NASA SEWP IDIQ contract based on a competition among certified resellers of AWS products and services.

Determination

It is hereby determined that the circumstances in FAR Part 16.505(b)(2)(i)(A) apply to the order.

Certification of Program Office

Any and all supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Donna Roy Date Chief Information Officer

Approval

By signing this Justification, the Contracting Officer certifies that this justification is accurate and complete to the best of the CO’s knowledge and belief.

Peggy J. Wright Date Contracting Officer

12/18/2019 Donna Roy

Digitally signed by

PEGGY WRIGHT

Date: 2019.12.19 07:32:47 -05'00'

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Joshua Galicki Date Competition Advocate (over $700k)

Rachelle Vaughan Date Senior Procurement Executive

Joshua Galicki Digitally signed by Joshua Galicki Date: 2019.12.19 08:39:57 -05'00'

Rachelle Vaughan Digitally signed by Rachelle Vaughan Date: 2019.12.19 08:42:16 -05'00'