BNJ for FireEye Licensing Maintenance for new award.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 16.505(b)(2)(i))

FireEye Enterprise Intrusion Prevention/Detection System (IPS/IDS)

1. Agency and contracting activity.

Department of Commerce, NOAA Acquisition and Grants Office (AGO), Strategic Sourcing Acquisition Division and the NOAA Office of Chief Information Cybersecurity Division.

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

The government contemplates the procurement of a firm-fixed price follow on award under an exception to fair opportunity process with a brand name justification to an existing NASA SEWP order NNG15SC71B/ST133017NC0793, FCN, Inc.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

The government intends to renew support and license subscriptions for FireEye Enterprise Intrusion Prevention/Detection System (IPS/IDS), which are components particular to one manufacturer, FireEye, who has multiple primary and secondary government resellers.

NOAA researched the current marketplace for cybersecurity products of similar nature to FireEye Enterprise IPS/IDS, but these products do not meet NOAA requirements.

The period of performance is one base year from July 28, 2020 to July 27, 2021; and two

(2) one (1) year option periods with the contract ending on July 27, 2023. The estimated value of this procurement is $4,538,247.14.

4. Authority and supporting rationale.

The contracting officer has determined the circumstances of the acquisition meet the following statutory exception under FAR 16.505(b)(2)(i) as supported below:

This acquisition is being conducted in accordance with FAR 16.505(b)(2)(i)(B) - modified to reflect items peculiar to one manufacturer per FAR 16.505(a)(4)(i). The particular brand-name, product, or feature is essential to the Government's requirements and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs.

The NOAA OCIO Cyber Security Division uses FireEye Enterprise IPS/IDS for enterprise cybersecurity to protect its IT resources from cybersecurity threats such as Distributed Denial of Service (DDoS) attacks, malware and policy violations. NOAA requires new licenses and subscriptions for FireEye Enterprise IPS/IDS to replace expired or expiring support coverage.

FireEye Enterprise IPS/IDS provides the following enterprise cybersecurity services to

NOAA:

a) Protects against all advanced email threats including phishing, impersonation, and spam;

b) Applies state of the art, signature-less detection and protection against the most advanced threats, including zero-days;

c) Combines heuristics, code analysis, statistical analysis, emulation, and machine learning in one advanced sandboxing solution;

d) Combats advanced threats and sophisticated attacks, with adaptive machine learning engine; and

e) Detects endpoint threat activity with a real-time indicator of compromise (IOC) engine.

The procurement of FireEye Enterprise IPS/IDS licenses/support service agreements is essential to NOAA’s cybersecurity requirements because market research has indicated that other companies’ cybersecurity products and services do not contain the entire suite of cybersecurity capabilities offered by FireEye Enterprise IPS/IDS. NOAA requires all of the cybersecurity capabilities offered by Fire Eye Enterprise IPS/IDS to secure its IT resources and perform its mission. If NOAA procured multiple products to perform the cybersecurity capabilities offered by FireEye Enterprise IPS/IDS, this would have an adverse impact to NOAA’s mission because NOAA systems would be at risk due to gaps and incompatabilities among multiple products. In addition, the proliferation of different cybersecurity products would require costly transition and integration processes. NOAA has already invested over $1 million in IT infrastructure to make its current IT network compatible with FireEye Enterprise IPS/IDS software and services, and the purchase of different cybersecurity software and services would add substantial costs to NOAA’s procurement.

5. 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 based on utilizing a task order under a competitively awarded IDIQ awarded through NASA SEWP that had already been determined to contain fair and reasonable pricing. The Contracting Officer will also compete the requirement among FireEye resellers to obtain additional discounted pricing.

6. Any other facts supporting the justification.

All supporting facts have been documented herein.

7. 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.

The NOAA Cybersecurity Division will continually perform market research to keep up-to-date with new products and appliances in order to remove any barriers of competition in the future. At the time of total replacement or upgrade of the current FireEye Enterprise IPS/IDS infrastructure, or any time that introducing a non-FireEye solution does not present unacceptable security risks and incur additional costs to the government, open market competition will be considered.

8. Technical/Requirements Representative Certification.

I certify this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

Jeffery S. Bowmar Date NCSC Federal Watch Officer/COR (OCIO/CSD)

9. Office of General Counsel Concur.

Concur

Ryan Lambrecht Date Office of General Counsel

10. Approving Official Determination of Circumstance Applicability.

In accordance with FAR 16.505(b)(2)(ii)(B)(10), the undersigned approving official for this justification hereby determines the circumstance cited above at #4, Authority and supporting rationale, applies to this order.

Contracting Officer’s Certification and Approval

I certify this justification is accurate and complete to the best of my knowledge and belief.

Approve

BANZON.RONALD.1289073651

Digitally signed by BANZON.RONALD.1289073651 Date: 2020.07.15 15:32:59 -04'00'

Ronald J. Banzon Date

Digitally signed by

Date: 2020.07.15 16:06:37 -04'00'

LAMBRECHT

Contracting Officer

11. Approval for Justifications >$700k NOAA

Competition Advocate:

Approve

MABE.KELLY.D. 1229305057

Jeffrey S. Thomasgitally signed by MABE.KELLY.D.1229305057 Date: 2020.07.22 07:24:50 -04'00' for

7/22/2020

Date NOAA Competition Advocate