Redacted_JA15-067_Protest_Bridge_JA_OTFAOC_Part_16.pdf

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JUSTIFICATION & APPROVAL (J&A) FOR EXCEPTION TO FAIR

OPPORTUNITY FEDERAL ACQUISITION REGULATION (FAR)

SUBPART 16.5 ACQUISITIONS

EXCEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule (MAS)/ Multiple Award Contract (MAC)

Orders under MAC/ Fair Opportunity – FAR 16.505, Department of Defense FAR Supplement

(DFARS) 216.505-70, Procedures, Guidance and Information (PGI) 216.505-70

Purchase Request Number: TBD

Contract Number: HC1028-08-D-2009

Task/Delivery Order Number: TBD

Procurement Title: Information Assurance and Management Support for the Defense

Information Systems Network (DISN) Bridge

Contracting Office: DISA/DITCO PL61

Estimated Value: $6,120,000.00

Authority: FAR 16.505(b)(2)(i)(B)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: JA15-067

Upon the basis of the following justification, I, as the Procuring Activity Competition Advocate, hereby approve this exception to fair opportunity pursuant to the authority of FAR

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

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency:

Defense Information System Agency (DISA)

Risk Adjudication and Connection Division

P.O. Box 549

Ft. Meade, MD 20755-0549

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO) PL61

P.O. Box 549, Ft. Meade, MD 20755-0549

2. NATURE/DESCRIPTION OF ACTION(S): The nature of this action is to procure one 2-month Firm Fixed Price base period and four 1-month option periods to extend the period of performance (POP) for task order HC1028-08-D-2009-VC01. The POP for the current task order ends APR 30, 2015. This extension will extend the POP by 6 months, if all options are exercised. The POP of the extension will be MAY 01, 2015 – NOV 01, 2015. This extension will ensure continued support during the protest period of the follow-on task order. The

Information Assurance and Management Support for the (DISN) effort actively supports the

Warfighter and Mission Partners, because RE4 develops, executes, and controls processes and procedures that approve and monitor connections and requirements for Information Systems and

Information Assurance and Management Support for the Defense Information Systems Network

(DISN) Bridge-JA15-067

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Networks that have been designed, configured, and authorized to operate in the Global

Information Grid. Fiscal year 2015 Operation and Maintenance funding will be used.

3. DESCRIPTION OF SUPPLIES/SERVICES: Continuity of services is required for support to

Risk Adjudication and Connection Division (RE4). The purpose of the task order is to:

• Maintain division policy analysis and implementation capabilities

• Maintain division strategic planning and implementation capabilities

• Continue developing division and branch operating policies and procedures, support on and off-site working groups, manage website updates and sustainment, and continue supporting all of

RE4’s existing mission areas (Ports, Protocols and Services Management (PPSM), Defense

Information Assurance Security Accreditation Working Group (DSAWG), and Information

Assurance (IA) to include, but not limited to secretariat support, vulnerability/risk assessments, accreditation decision research and recommendations, and information assurance analysis engineering.

• Create process efficiencies and improvements across the division. Examples include but are not limited to:

- Improving internal package processing

- Improving customer access to status information

• Establish active, verifiable metrics and analysis procedures for RE4 that will provide an accurate assessment of division and branch performance objectives, their measures, and performance trend indicators

• Establish collaborative relationships and improve information sharing with other Federal

Departments, the Intelligence Community, and within DoD, with the goals of:

- Developing a common understanding of accreditation processes and requirements

- Developing an understanding of operating environments in which decisions on operational networks, application and systems can be made on a risk-managed basis.

• Establish customer training sessions using DoD and DISA collaboration toolsets.

The current task order expires on APR 30, 2015. This effort was re-competed as a small business set-aside acquisition. On MAR 24, 2015, the follow-on task order, HC1028-13-D-

0008-0004, was awarded. The bid protest was submitted to GAO in a timely manner to trigger an automatic suspension of performance of the follow-on task order pending resolution of the protest in accordance with FAR 33.104(c)(1). The bridge task order will allow for continued support of this vital program during the protest period, while retaining the ability to provide a consistent level of effort for RE4, DISA, and its stakeholders without a break in service.

The estimated cost of support for this extension is $6,120,000.00 which includes all labor categories for the existing task order HC1028-08-D-2009-VC01 for a two month base period:

MAY 01, 2015 to JUN 30, 2015,$ 2,040,000.00; and four 1-months option periods: JUL 01, 2015 to JUL 31, 2015, $1,020,000.00; AUG 01, 2015 to AUG 31, 2015, $1,020,000.00; SEP 01, 2015 to SEP 30, 2015, $1,020,000.00; and subject to the availability of fiscal year 2016 funding, OCT 01, 2015 to OCT 31, 2015, $1,020,000.00.

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4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY: 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.

(a) Exception to Fair Opportunity.

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.

(b) Justification.

(1) Minimum Government Requirements. RE4 and its stakeholders and its stakeholders all depend on daily services currently rendered by incumbent contractor such as policy, DSAWG, IA, and PPSM management. RE4 provides customer connection and Ports, Protocols, and Services approval, registry and tracking through three

Automated Information Systems (AIS) and databases: SIPRNET GIAP System;

System/Network Approval Process; and Ports, Protocols, and Services. They also provide remote scanning and vulnerability assessment through another AIS called the

Remote Compliance Monitoring Network, implementation development support for log scripting to define such vulnerabilities as malware and attack vectoring, creation of analytical methods to counter the threat of malware and network vulnerabilities using web/firewall/other hardware log analysis, and providing training on log analysis by using scripting techniques. Failure to support mission partner and other stakeholders will negatively impact DISAs mission.

(2) Proposed sole source contractor. Due to the bid protest filed by IPKeys

Technologies, Oberon Associates, Inc. is the only source that can fulfill this requirement without risk of a substantial break in service/support to the Risk

Adjudication and Connection Division.

(3) A sole-source action is necessary due to a protest filed in response to the award of the follow-on task order, HC1028-13-D-0008-0004. If a bid protest had not been received, this extension would not be necessary.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: During source selection of solicitation number GSMETI00027.00, a cost/price evaluation was conducted in accordance with

FAR 15.404. The task order prices were determined to be reasonable. The proposed cost/prices for the extension will be compared to the current task order prices as well as the Independent

Government Cost Estimate and the proposed prices for the follow-on effort in order to determine fair and reasonableness.

6. MARKET RESEARCH: This is an extension to the existing task order to ensure continued support until the protest and transition period of the follow-on task order, HC1028-13-D-0008-

0004, are complete. Market research was conducted for the follow-on task order which was conducted within the last 12 months. The market research identified potential sources which enabled the follow-on task order to be conducted as a small business set-aside under ENCORE

II.

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7. ANY OTHER SUPPORTING FACTS: N/A

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Current Task order: HC1028-08-D-2009-VC01

(b) Status: Expires APR 30, 2015. Competitive fair opportunity competition was completed for follow-on. Award announced MAR 24, 2015. Stop-work order was issued on MAR

27, 2015 due to a bid protest.

9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): N/A

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE: See PDF, tab 6 EDMS

TITLE/ORGANIZATION:

PHONE: DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

PROCURING ACTIVITY COMPETITION ADVOCATE APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Since this justification does not exceed $12.5M, this review serves as approval and as my written determination that the circumstances of FAR 16.505(b)(2)(i)(B) apply to this extension.

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Walter F. Holt, (301) 225-4502, walter.f.holt.civ@mail.mil mailto:walter.f.holt.civ@mail.mil