FINAL_ExceptiontoFairOpportunity_DC3_DCITA__Signed.pdf

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General Services Administration

Federal Systems Integration and Management Center

JUSTIFICATION FOR AN

EXCEPTION TO FAIR OPPORTUNITY

TASK ORDER GSQ0014AJ0106

The General Services Administration (GSA) makes this Justification for an Exception to

Fair Opportunity order pursuant to Federal Acquisition Regulation (FAR)

16.505(b)(2)(i)(B).

1. Identification of Agency and Contracting Activity:

Client Agency:

General Services Administration (GSA)

Federal Systems Integration and Management Center (FEDSIM)

Acting in support of: Defense Cyber Crime Center (DC3)/Defense Cyber Investigations

Training Academy (DCITA)

Contracting Activity:

GSA FEDSIM Contracting Office

1800 F Street, NW

Suite 3100 (QF0B)

Washington, D.C. 20405

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

Task Order (TO) GST0009AJM097 was competitively awarded to Computer

Sciences Corporation (CSC) on a Cost-Plus-Award-Fee (CPAF) basis under GSA

Millennia contract GS00T99ALD0203 on September 26, 2009, with a Period of

Performance (PoP) consisting of a 12-month Base Period and four, 12-month Option

Periods. The purpose of the TO is to provide support to the DCITA schoolhouse and all the activities necessary to develop, enhance, implement, and deliver cyber investigation training for Federal and Department of Defense (DoD) individuals responsible for securing information systems.

GSA FEDSIM is currently in the pre-solicitation phase of re-competing the follow-on effort for the current and ongoing DC3/DCITA requirement. However, early during the acquisition process, the Government encountered several unexpected events that impacted its ability to award the follow-on order before the current DC3/DCITA TO expires. The first was the delayed approval from the United States (U.S.) Air Force

(AF) Service Designating Official (SDO) to utilize FEDSIM’s acquisition support.

Secondly, the DC3/DCITA is in the process of expanding its support services currently provided in San Antonio, TX, and developing support for the 24 th

Air Force

(24AF). The delays associated with these two events drastically impacted the

Government’s acquisition schedule and ability to solicit, engage industry, encourage competition, and award the follow-on requirement before the current DC3/DCITA

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TO expires. Furthermore, due to the unexpected growth of the 24AF support, the

Government needs additional time to establish and clearly define requirements for the follow-on requirement. Therefore, to ensure the DC3/DCITA is able to provide continued training to the DoD and other Federal agencies, GSA FEDSIM intends to award a six-month sole-source bridge TO to CSC to provide time to execute pre-solicitation through award activities on the follow-on requirement. The six-month bridge TO will have a three-month base period and three one-month option periods to facilitate transitioning to the follow-on requirement as soon as possible. The bridge

TO will be a hybrid Cost Plus Fixed Fee (CPFF) and Firm Fixed Price (FFP) awarded directly to CSC and issued against its GSA Alliant contract. The estimated value of the TO will be $10,062,262.

3. Description of Supplies/Services Required to Meet the Agency’s Needs (estimated value):

The DC3/DCITA develops and provides specialized cyber investigative training aimed at securing DoD systems from unauthorized use, counterintelligence, criminal and fraudulent activities and foreign intelligence service exploitation, and exploitation of digital media for intelligence and counter intelligence. In support of that mission, the

DCITA manages a course catalog that offers over 25 cyber intelligence courses and has a lifetime student enrollment of nearly 19,000 cyber investigators.

While the Government is in the process of re-competing the follow-on requirement, DC3/DCITA requires continued contractor support to provide uninterrupted support for day-to-day schoolhouse services, courseware development and delivery, and

DC3/DCITA information technology (IT). Specifically, the following tasks will continue to be supported:

Task 1: Task Order Management- This task provides project, financial, technical, and personnel management support for the all requirements under the TO.

Task 2: Strategic Planning Support- This task provides strategic support to all aspects of DCITA operations, goal metrics, attainment of the strategic goal metrics, tracking strategic goal achievements, and updating strategic goals in accordance with DCITA leadership, program direction, and customer input.

Task 3: Training Lifecycle Management- This task provides support to all aspects of the development to delivery of the DCITA training courses.

Task 4: Schoolhouse Support Services- This task provides all support services for

DCITA schoolhouse operations.

The contractor services provided in this requirement are essential to DC3/DCITA’s mission and ability to provide cyber investigation training. As an emerging leader within the cyber training community, failure to have continued services of support provided with this requirement will result in DC3/DCITA closing its doors for training and to the cyber investigative community at large.

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The estimated value for the CPFF/FFP labor, travel, tools, and Other Direct Costs

(ODCs) required to provide DC3/DCITA continued operational support and cyber investigative training during the six-month bridge TO is provided in the following table:

Estimated Value:

Description 6-Month

Estimated Ceiling

Program Management (FFP) $390,346

Labor Tasks 2-4 (CPFF) $7,861,916

Travel $30,000

Tools $1,600,000

ODCs $180,000

TOTAL $10,062,263

4. Identification of the Statute/Regulation:

This Justification is being prepared in accordance FAR 16.505(b)(2)(i)(B) which states the contracting officer shall give every awardee a fair opportunity to be considered for a task-order unless only one awardee is capable of providing the supplies or services required at the level of quality required because the services ordered are unique or highly specialized.

The DC3/DCITA TO GST0009AJM097 expires September 25, 2014. Originally, GSA FEDSIM and the DC3/DCITA planned to have the follow-on TO for this requirement awarded mid-summer 2014, prior to the current TO expiring. However, collectively a number of unexpected events delayed the acquisition schedule and impacted the Government’s ability to solicit, award, and transition to the follow-on requirement before the current TO GST0009AJM097 expires. The events that impacted the acquisition schedule are explained below:

Delay Receiving the SDO Waiver: GSA FEDSIM required waiver approval from the USAF Service Designating Official (SDO) before acquisition support for the follow-on requirement could begin. Aware of the importance the SDO approval had on the acquisition process and varied duration for receiving approval, FEDSIM met with DC3/DCITA in September 2013, a year before the current requirement expired, to discuss the status of the SDO waiver request.

FEDSIM explained the implications a delayed SDO approval would have on the acquisition schedule. In November, 2013, the SDO waiver was routed for approval and the final SDO approval was given to FEDSIM on April 29, 2014, nearly seven months after DC3/DCITA made the initial request. The SDO waiver approval took longer than both DC3/DCITA and FEDSIM expected and forced the Government to revisit the acquisition schedule to assess the impact. After revising the schedule, the Government found that the delay did not leave time to conduct pre-solicitation activities aimed at engaging industry and encouraging competition which included releasing a Request for Information (RFI), hosting an

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Industry Day, conducting a DC3/DCITA facility walkthrough, and hosting due diligence sessions. The aforementioned activities are critical to encouraging competition to the maximum extent possible. In addition, the Government also needed additional time conduct pre-award/award activities such as soliciting, awarding, and transitioning work from the current TO GST0009AJM097 to the follow-on order. The bridge TO will provide the Government the necessary time to complete all planned pre-solicitation and pre-award/award activities.

Growing USAF Training Requirements: Currently, the DC3/DCITA provides cyber investigations training to various DoD and cyber agencies in San Antonio, TX, via contractor-supported mobile training teams (MTT). In addition, DCITA is preparing a business case analysis that is proposing training solutions for the

24AF Cyberspace Professional Skills Development, Sustainment and Currency

Training Program located in San Antonio, TX. The business case outlines several training options, services provided, and estimated prices per option for the 24AF.

The proposed services and prices vary depending on training options, and the training selected will influence the expected Level of Effort (LOE) for the follow-on DC3/DCITA requirement. Unfortunately, the full scope of the 24AF’s requirements will not be available until 24AF senior leadership reviews the business case analysis and selects a training package in the next few months. As previously mentioned, the Government intends to engage industry and encourage competition to the maximum extent possible. One element critical to having meaningful dialogue with industry is a well-defined requirement. As the requirement in San Antonio continues to evolve, DC3/DCITA will need additional time to capture and define the training requirements for the 24AF.

GSA FEDIM is in the process of re-competing the follow-on requirement to the current DCITA TO GST0009AJM097 and will be unable to 1) complete all the necessary pre-solicitation and pre-award activities, and 2) define the growing training requirement in San Antonio before the current TO expires in September. The delay to the acquisition schedule is a direct result of the two events (i.e., SDO waiver delay and growing requirements) mentioned above. The estimated times to complete all actions necessary to award the follow-on requirement are outlined below:

ACTION

DURATION

(Estimated)

Finalize 24AG Training Requirement.

Training option selected will impact the actions below

Unknown; dependent

USAF Approval

Finalize the Statement of Work (SOW) 15-20 days

Finalize Acquisition Plan 5 days

Market Research - Request for Information

(RFI) (Market Research)

5 days

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ACTION

DURATION

(Estimated)

Evaluate RFI Responses 2 days

Release Advance Notice 1 day

Host Industry Day 1 day

Host a DCITA Facility Walkthrough 1 day

Conduct Diligence Sessions 10 days

Release Task Order Request (TOR) &

Amendments

30-40 days

Evaluate and Award TO 70-80 days

Transition-in a New Contractor 60 days

The TO currently includes the option to extend services clause (FAR 52.217-8) that could have potentially extended the TO PoP six additional months. However, since this TO was awarded against the Millennia Government-wide Acquisition Contract

(GWAC), the PoP cannot be extended beyond October 27, 2014, with the Millennia

GWAC expiring October 27, 2009. After the delays, the Government does not have enough time to complete the above activities before the current TO expires. Awarding a six-month bridge TO is the only way the Government can execute the planned acquisition schedule and ensure that the DC3/DCITA will have uninterrupted training and schoolhouse support until the follow-on TO is awarded.

As a result of the unexpected events which caused delays to the follow-on acquisition schedule, CSC is now the only contractor capable of providing DC3/DCITA with support at the quality required due to the unique and highly specialized nature of the work. As a result, CSC is the only contractor capable of providing support without a break in service.

DC3/DCITA provides training year round and offers students the option of taking in-classroom, on-line, and blended courses in one of the following course tracks: 1)

Technology Track, 2) Responders Track, 3) Forensic Track, 4) Network Investigators

Track, and 5) Cyber-Counter Intelligence Track. The DCITA has courses scheduled through September 30, 2014, with students already enrolled in those courses in

Linthicum, MD. In addition, DC3/DCITA requires support for the training currently provided in San Antonio. As previously stated, the Government estimates it will take

60 days to transition in a new contractor. With the current DC3/DCITA TO

GST0009AJM097 expiring on September 25, 2014, the Government does not have time to transition in a new contractor before the TO expires. Failure to fully transition in a new contractor before the current TO expires may result in the DC3/DCITA experiencing a break in service and the cancellation of currently scheduled courses and loss of support in Linthicum, MD and San Antonio, TX.

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Contractor support provided under this requirement involves access to classified cyber investigation information. Contractor personnel supporting this requirement are also responsible for safeguarding the identities of DCITA students. As such, contractor key personnel are required to possess a TOP SECRET security clearance and all remaining contractor personnel are required to possess a SECRET security clearance. CSC is the contractor with the personnel in place today with the appropriate clearances that are capable of the providing the DC3/DCITA uninterrupted support until the follow-on requirement is awarded. Failure to fully transition in personnel with the appropriate clearance before the TO expires may result in degradation support or a break to the service.

The objective of each course offered at DCITA is to provide students with real-world cyber training scenarios. Each course is uniquely developed and delivered by

DC3/DCITA contractor support staff. Due to the DC3/DCITA’s specialized training, 11 of the 12 key contractor personnel are required to have cyber crime investigations experience, with a preference for DoD experience. Because of the training offered, contractor instructors (non-key personnel) are required to obtain Certified Technical

Trainer (CTT+) credentials, be familiar with the Instructional System Design (ISD) training process, and 30 percent of all instructors are required to have cyber investigation experience. CSC is the only contractor with the personnel in place with necessary specialized experience and capable of providing DC3/DCITA uninterrupted support until the follow-on requirement is awarded. Failure to fully transition in personnel with the specialized experience before the TO expires may result in degradation support or a break to the service.

It is foreseeable that a contractor would eventually be able to provide personnel possessing the requisite specialized experience/security clearance to meet

DC3/DCITA’s requirements. However, CSC is the only contractor with the personnel in place today that possess the required security clearances, cyber investigative experience, resident knowledge and understanding of DC3/DCITA day-to-day operations, and able to supply cyber investigative instructors familiar with current

DC3/DCITA courses to ensure that DC3/DCITA is able achieve continuity of mission-critical services without interruption. CSC’s ability to provide personnel that meet all the above requirements is critical due to the specialized and unique courses taught at DC3/DCITA. Any attempt to transition personnel not meeting all the

DC3/DCITA’s specified requirements above, jeopardizes the likelihood DC3/DCITA will be able to provide cyber investigative training at the desired quality level. As a result, CSC is the only contractor capable of providing DC3/DCITA continued support at the level required until the follow-on requirement is awarded.

In accordance with policy issued by the GSA Administrator, GSA is required to use

GSA contract vehicles when the requirements fall within scope of existing vehicles.

TO GST0009AJM097 was originally competitively solicited among all GSA

Millennia contract holders. With the GSA Millennia contract expiring and the

Government unable to extend services beyond October 27, 2014, the bridge TO will be awarded against CSC’s GSA Alliant contract. The decision to use GSA’s Alliant

GWAC came after the Contracting Officer reviewed the requirements under the TO

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GST0009AJM097 and found that the TO closely aligned with the Alliant GWAC’s scope. The Alliant Program Office’s finding that the scope of the DC3/DCITA requirement was compatible with the scope of the Alliant contract on June 19, 2014 also validated this determination. The contract vehicle for the follow-on requirement has not yet been determined; however, when selected, the Government will ensure that fair opportunity to competition is provided to all potential vendors at that time.

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

Government will be fair and reasonable:

To ensure that the anticipated cost to the Government will be fair and reasonable, the

Contracting Officer will evaluate the cost elements and fixed fee of CSC’s proposed cost for the bridge TO to ensure that the proposed costs are fair and reasonable.

6. Findings to Support the Determination:

All supporting rationale is provided above.

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:

To ensure that the circumstances that led to the Government taking exception to fair opportunity for this requirement are limited to this action only, the Government has implemented and is executing an acquisition schedule that will complete all the necessary pre-solicitation and pre-award actions before the bridge TO expires. Furthermore, to ensure that industry is made of aware of all future information related to follow-on requirement, all information will be posted and made available to all vendors under the contract vehicle selected for the follow-on requirement via GSA eBuy. Last, in accordance with FAR 16.505(b)(2)(ii)(D), this Justification will be made publicly available via GSA eBuy for vendors to review.

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8. Contracting Officer Certification:

I hereby certify that this justification is accurate and complete to the best of my knowledge, and determine on the basis of the findings above that the exception to fair opportunity is in accordance with the requirements and is in the best interest of the

Government.

Wesley L. Dewalt Date

GSA FEDSIM Contracting Officer, Defense Sector

9. Technical Certification:

I hereby that the supporting data which for the basis for this justification is complete and accurate to the best of my knowledge and belief.

Keith Parks Date

Project Manager

10. Approval:

Based upon the above, I hereby approve this Exception to Fair Opportunity pursuant FAR

16.505(b)(2)(i)(B).

Lisa Grant, Competition Advocate Date

KEITH

PARKS

Digitally signed by KEITH PARKS DN: c=US, o=U.S. Government, ou=General Services Administration, cn=KEITH PARKS, 0.9.2342.19200300.100.1.1=47001000016832 Date: 2014.07.16 14:29:02 -04'00'

Digitally signed by: U.S.

Government

DN: C = US O = U.S.

Government OU = General Services Administration Date: 2014.07.16 14:40:16 - 04'00'

U.S.

Govern ment

LISA GRANT

Digitally signed by LISA GRANT DN: c=US, o=U.S. Government, ou=General Services Administration, cn=LISA GRANT, 0.9.2342.19200300.100.1.1=47001000015874 Date: 2014.07.21 13:17:16 -04'00'

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