Redacted_Justification.pdf

DEPARTMENT OF THE TREASURY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)/

BRAND NAME JUSTIFICATION

I recommend that the U.S. DEPARTMENT OF THE TREASURY use other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s):

1. DESCRIPTION OF SUPPLIES OR SERVICES

Computer Incident Response and Security Services Tasks include (1) Information Incident Response, (2) Security Services, (3) Database Reporting, (4) Access Management, (5) Situational Awareness, and (6) Data Loss Prevention.

Period of performance: June 1, 2016 through November 30, 2016, with a six month option for continued support from December 1, 2016 through May 31, 2017

2. REQUISITION NO.

169065

4. NAME(S) OF PROPOSED SOURCE(S)

Iron Shield, Inc.

3. COST ESTIMATE

State one statutory authority for this procuremenet to be conducted under “other than full and open competition” procedures. Provide narrative justification associated with the respective authority in block number 15.

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L. 98-369)

5.

X

0B41 USC 253(c)(1) – Only one responsible source; or brand name specification (FAR 6.302-1)

This authority shall be used in preference to the Public Interest justification. It shall not be used when any of the other circumstances is applicable.

6.

1B41 USC 253(c)(2) – Unusual and compelling urgency (FAR 6.302-2)

This authority applies in those situations where (1) an unusual and compelling urgency precludes full and open competition, and (2) delay in award of contract would result in serious injury, financial or other, to the Government. Note: The total period of performance under this authority is limited to the minimum contract period necessary to meet the requirements and to enter into another contract through the use of competitive precedures, and may not exceed one year unless the head of the agency entering into the contract determines that exceptional circumstances apply. The determination is in addition to the approval of the justification.

(4/2014)

7.

41 USC 253(c)(3) – Industrial mobilization, engineering, developmental, or research capability; or expert services (FAR 6.302-3)

This authority applies when it is necessary to award the contract to a particular source or sources in order (1) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization, or (2) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (3) to acquire the services or an expert for any current or anticipated litigation or dispute.

8.

2B41 USC 253(c)(4) – International agreement (FAR 6.302-4)

This authority may be used when the acquisition is to be reimbursed by a foreign country that requires the product to be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or, when services are to be performed, or supplies are to be used in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited.

9.

41 USC 253(c)(5) – Authorized or required by statute (FAR 6.302-5)

This authority may be used when a statute expressly authorizes that the acquisition be made through another agency or from a specified source or the agency’s need is for a brand name commercial item for authorized resale. Note: While this statutory exception includes the small disadvantaged business 8(a) set-aside program, a JOFOC is not required for this type of procurement unless the amount exceeds $20 million.

10.

3B41 USC 253(c)(6) – National Security (FAR 6.302-6)

This authority may be used for any acquisition when disclosure of the Government’s needs would compromise national security. It will not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

11.

41 USC 253(c)(7) – Public Interest (FAR 6.302-7)

This authority may be used when none of the other authorities above apply. Individual justification, Secretarial approval, and Congressional notification 30 days before award of the contract are required.

12. JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

Computer Incident Response and Security Services

The Office of the Comptroller of the Currency (OCC) intends to contract with Iron Shield, Inc. to provide continued support for its Computer Incident Response and Security Services. Iron Shield currently provides these services under task order TCC11HQC0004, which will expire on May 31, 2016. The OCC awarded a new contract for its Cybersecurity Defense Center on March 17, 2016, which was protested. A stop work order was issued, and the OCC decided to take corrective action.

To ensure uninterrupted service and support for the OCC’s incident response and security service, the OCC will award a sole-source contract with Iron Shield through November 30, 2016, with a six month option for continued support through May 31, 2017.

The services for computer incident response, security (such as vulnerability assessment, penetration testing, security site reviews, software testing, reporting, and forensics), and situational awareness help maintain a level of protection for the OCC IT infrastructure, systems, and data. These services are considered mission critical and help ensure OCC employees operate in a secure cyber environment; without a security services contract, the OCC risks exposure to its infrastructure, systems, and data. The period of performance will afford adequate time for the OCC to complete its corrective action. As a result of the Competiotion in Contracting Act (CICA) stay and agency corrective action, there are no other vendors who can perform the tasks by the required start date.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM AS

M/ANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A GPE NOTICE

WAS OR WILL BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH

EXCEPTION UNDER 5.202 APPLIES.

Iron Shield, Inc. is the only contractor providing the incident response and security services to the OCC. As such, the OCC is only soliciting an offer from Iron Shield to continue the services provided under the contract. A GPE notice was posted the to Federal Business Opportunities website (FBO.gov) as required by FAR 5.203 on May 18, 2016.

C. DEMONSTRATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE

The services under the current contract were awarded on a competitive basis. As a result, the OCC anticipates the cost to the government to be consistent with prices/rates under the current contract, with escalation.

D. DESCRIBE THE MARKET SURVEY THAT WAS CONDUCTED AND THE RESULTS OF THAT

SURVEY. IF ACTIONS WERE TAKEN BY PROCUREMENT PERSONNEL TO SATISFY THIS

REQUIREMENT SUCH AS A GPE SOURCES SOUGHT SYNOPSIS, PLEASE SPECIFY.

A market survey was not conducted since the OCC is awarding a follow-on contract.

signed justification