JA_Bridge_20150035_Redacted.pdf
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- Attached to
- DIBNet Development and Sustainment
- Solicitation number
- hc1028-08-d-2015-0035
- Issued by
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Defense Information Systems Agency
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JUSTIFICATION & APPROVAL (J&A) FOR EXCEPTION TO FAIR OPPORTUNITY 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, DFARS 216.505-70, PGI 216.505-70
Purchase Request Number: E200506.00 Contract Number: ENCORE II Contract HC1028-08-D-2015 Task Order Number: 0035, Modification Procurement Title: Defense Industrial Base Network (DIBNet) Development and Sustainment Contracting Office: Defense Information Systems Agency (DISA/Defense Information Technology Contracting Organization (DITCO) /PL8313 Estimated Value/Net Increase this modification: $534,788 Previous Contract Value:
4-month base option period: $3,551,889 2-month option period: $1,704,302 Total six-month extension: $5,256,190
Authority: FAR 16.505(b) (2) (i) (C)
JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY
Number: Not Applicable
Upon the basis of the following justification, I, as the Contracting Officer, hereby approve this exception to fair opportunity pursuant to the authority FAR 16.505(b)(2)(i)(C).
1. REQUIRING AGENCY AND CONTRACTING OFFICE:
Requiring Agency:
DISA
NetOps Division/ MA2 6910 Cooper Avenue Fort Meade, Maryland, 20755-0549
Contracting Office:
DISA/DITCO/PL8313
2300 East Drive Building 3600 Scott Air Force Base, Illinois 62225-5406
2. NATURE/DESCRIPTION OF ACTION(S): The purpose of this J&A action is to issue a cost plus fixed fee (CPFF) modification to task order (TO) HC1028-08-D-2015-0035 to extend the period of performance (POP) for an additional 2 week period plus a 2 week option. The POP extension for the additional 2 weeks plus a 2 week option is in coordination with the previously approved J&A, awarded as a sole source task order to Booz Allen Hamilton (BAH). The extension will allow critical DIBNet development and sustainment support services to continue uninterrupted.
This action will extend the current POP by 2 weeks, February 1, 2015 through February 15, 2015, plus a 2 week option (February 16, 2015-February 28, 2015). To date, a resulting follow-on contract has not been awarded, thus the need for an extension to the current POP, February 1, 2015 through February 15, 2015, plus a 2 week option.
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The funding will be provided via fiscal year (FY) 15, operation and maintenance funds. The lifecycle value of the task order will increase by an estimated $534,788.
3. DESCRIPTION OF SUPPLIES/SERVICES: Continuity of services is required for support DISA Mission Assurance (MA). The Department of Defense (DoD) Chief Information Office (CIO) oversees the DoD-Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) program whereby classified and unclassified information is shared between the DoD and the DIB companies.
The DIBNet is a multi-year, multi-phased project initiated in FY10 as part of DISA’s DoD Network Operations and Cyber Situational Awareness program. The project addresses critical DIB CS/IA program deficiencies like the inability to streamline and automate program activities and the communication of cyber threat information to and with cleared defense contractors (CDCs).
DIBNet is a web-based tool that enables CDCs to exchange classified and unclassified cyber threat information and collaborate with the DoD Cyber Crime Center (DC3) on an on-going basis. The DIB CS/IA Program is critical to assisting the DoD community in securing DoD program information on DIB unclassified networks that are under threat daily, mitigating attacks as they occur, and to protect against future attacks. This multi-phased project will facilitate the sharing, analysis, integration, and visualization of network attacks and is a critical milestone in opening the DIB CS/IA program to all qualified CDCs.
The current contract expires on January 31, 2015. This effort was re-competed as a fair opportunity requirement under ENCORE II. On September 24, 2013 the follow-on contract, HC1028-08-D-2006- 0013, was awarded. The bid protest was submitted in a timely manner to trigger an automatic suspension of performance of the follow-on contract pending resolution of the protest in accordance with FAR 33.103(f)(3). The extension of the current contract 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 DISA MA without a break in service.
The estimated cost of support for this extension is $534,788 which includes all labor categories for the existing contract HC1028-08-D-2015-0035 for the 2 week extension plus a 2 week option.
4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY:
(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. (10 United States Code §2304c (b), FAR 16.505(b) (2) (i) (B)).
Providing a fair opportunity is not an acceptable course of action; the outcome of the re-evaluation of all offerors’ proposals will address the protest.
(b) Justification.
(1) Minimum Government Requirements. DISA MA and its stakeholders all depend on daily services currently rendered by BAH such as supporting the DIB CS/IA Program which is critical to assisting the DoD community in securing DoD program information on DIB unclassified networks that are under threat daily, mitigating attacks as they occur, and to protect against future attacks Failure to support mission partner and other stakeholders will result in a loss of services urgently needed to meet DoD CIO’s schedule and requirements of the DIB CS/IA program. Additionally, failure to provide contractor support will impede the follow-on task order until it can be fully transitioned. The services that BAH is currently providing are significantly instrumental to DISA’s ability to support the DIBNet CS/IA effort. Without the support, the ability for DIB partners to collaborate and share threat
Page 2 of 4 Pages information with the DoD will be diminished. DoD and DIB partners must continue to maintain situational awareness regarding the extent and severity of cyber threats through the DIBNet system in order to protect DoD information from emerging, advanced, and persistent cyber threats.
(2) Proposed sole source contractor. Due to the bid protest filed by Solers, BAH is the only source that can fulfill this requirement without risk of a substantial break in service/support to
DISA MA.
(3) A sole-source action is necessary due to a protest filed in response to the award of the follow-on contract, HC1028-08-D-2006-0013. 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 E200506.00, a cost/price evaluation was conducted in accordance with FAR 15.404.
The contract prices were determined to be reasonable. The proposed cost/prices for the extension will be compared to the current contract 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.
(16.505(b)(2)(ii)(B)(5).
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