Microsoft_Word_-_FBO_posted_-_Approved_J A.pdf

Enclosure 12c, J&A (Part 16) Page 1 of 4 Pages 04Sept2012/v1.5

JUSTIFICATION & APPROVALS FOR 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

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

Orders under MAC/ Fair Opportunity – FAR 16.505

Purchase Request Number: TBD Contract Number: HC1028-08-D-2018 Task/Delivery Order Number: VC02 Procurement Title: Network Operations Mission Support and Strategic Network Defense for U.S. Cyber Command (USCYBERCOM) Contracting Office: National Capital Region (DITCO-NCR) Estimated Value: $1,050,279.00.

Authority: FAR 16.505

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: JA12-190

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)(C), the order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow on to an order already issue under the contract, provided all awardees were given a fair opportunity for the original order.

1. REQUIRING AGENCY AND CONTRACTING OFFICE: The Requiring Agency is U.S.

Cyber Command (USCYBERCOM). The contracting activity is Defense Information Technology Contracting Organization - National Capital Region (DITCO-NCR), P.O. Box 549, Ft. Meade, MD 20755. This J&A is to award a sole source bridge task order to extend support currently provided by Hewlett Packard under its current ENCORE II task order for on-site support of Network Operations Mission Support and Strategic Network Defense for U.S. Cyber Command (USCYBERCOM).

2. NATURE/DESCRIPTION OF ACTION(S): This requirement is for a sole source bridge task order to Hewlett Packard’s (HP) ENCORE II task order HC1028-08-D-2018/VC02 for on-site support of Network Operations Mission Support and Strategic Network Defense for U.S.

Cyber Command (USCYBERCOM). The current task order currently expires 30 September 2012. This justification will allow for an extension of this support for a base period of four (4) months, with two (2) one (1) month optional periods. This action is required due to work stop

Page 2 of 4 Pages 04Sept2012/v1.5 order issued under Contract No. HC1028-08-D-2015/ Task Order VC0034 which is the follow-on procurement for this requirement which was competitively awarded. The follow on contract awarded was protested on 19 September 2012. As a result, a stop work order was issued pending resolution of that protest. The optional periods in this bridge action provide for a potential transition period should the requirement be awarded to any contractor other than the incumbent.

This requirement is Firm Fixed Price (FFP) and will be funded with FY13 O&M. The total value is estimated at $1,050,279.00.

3. DESCRIPTION OF SUPPLIES/SERVICES:

This requirement will provide for continued on-site support of USCYBERCOM, and Information Assurance/Computer Network Defense (IA/CND) senior leadership support on:

IA/CND technical and functional reviews of configuration/architectural and system proposals;

independent review of tasks related to quality assurance; configuration management; IA/CND to include REL DMZ; technical IA mission support; and IA management and optimization planning for projects, meetings and events. Resulting products and services will include leading-edge IA technical advice; task scheduling data relative to Defense Information Systems Agency (DISA) IA activities; DISA, and USCYBERCOM strategic integration plans; and briefings and handout material for IA meetings. The Task Order also provides operational support for the implementation and operation of the Host Base Security Solution (HBSS) system across the Department of Defense (DOD) as it relates to DODI 8500.2.

Continued support services to USCYBERCOM is essential to preventing the following:

• Loss of subject matter expertise in the areas of Insider Threat, Assured Compliance Assessment Solution (ACAS), and Community Data Center (CDC), that provides multiple forum coverage across DoD to develop CONOPS and define operational, functional and technical requirements

• Loss of subject matter expertise in the areas of Public Key Infrastructure and Enabling (PKI/PKE) with the SIPRNet PKI program. Technical expertise is required to cover multiple forums across DoD to develop CONOPs and define operational, functional and technical requirements as well as support OPTs

• Loss of subject matter expert in the areas of Secure Configuration Management, Information Assurance and Vulnerability Management System, and Continuous Monitoring/Risk Scoring.

4. SUPPORTING RATIONALE, INCLUDING A DEMONSTRATION THAT THE

PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF

THE ACQUISITION REQUIRES USE OF AN EXCEPTION TO FAIR OPPORTUNITY:

Exception to Fair Opportunity: The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order (FAR 16.505(a)(2)(C)).

Page 3 of 4 Pages 04Sept2012/v1.5

HP has been supporting this effort since 31 March 2009, the initial task order award date. The initial order was competitively procured under DISA’s ENCORE II IDIQ vehicle. This bridge action is required to sustain USCYBERCOM support requirements pending resolution of the protest discussed above. USCYBERCOM needs to stay focused to achieve its mission in a dynamic environment. The current military and civilian population will not be able to adequately handle the workload, even on a temporary basis. With the quick reaction responses required, USCYBERCOM needs the stability to continue operations. A break in service between contracts will be devastating - causing significant impact to USCYBERCOM operations.

All personnel supporting this task must have access and accounts on the Sensitive unclassified Internet Protocol Router Network (NIPRNET), the Secret Internet Protocol Router Network (SIPRNET), and the National Security Agency Network (NSANET), and must be familiar with network operating procedures on all three networks. HP has this capability and has the current working knowledge and experience with USCYBERCOM Information Assurance/Computer Network Defense (IA/CND) senior leadership support on: IA/CND technical and functional reviews of configuration/architectural and system proposals; independent review of tasks related to quality assurance; configuration management; IA/CND to include REL DMZ; technical IA mission support; and IA management and optimization planning for projects, meetings and events. This support cannot be provided by any other contractor pending resolution of this protest without risk to the cyberspace operations and DoD Network Defense. A transition time of at least 2 weeks is required for the potential new contractor to transition services from the incumbent in order to avoid unacceptable lapse in support required to prevent/protect DoD networks from exploitation or attacks by various sources potentially leading to a complete disruption of service across DoD. Therefore, continuing existing services with HP is imperative until the protest is resolved. Resolution of protest actions is anticipated within the period of this bridge action, but no later than March 2013. Each option will be exercised only if resolution of the protest does not occur during the previous period.

IMPACT: HP provides critical support towards maintaining computer network defense and preventing computer network exploitation on the part of deliberate hackers and malcontents across all DoD networks. Specifically, HP provides information security expertise that enables network surveillance and reconnaissance as well as network perimeter defense. The incumbent performs malicious code analysis to enable response courses of action to threats on the DoD Networks, vulnerability management, and reporting to other DoD Network Operations Centers.

The requirement includes support for weekdays from 0600 to 1800 with on-call support for weekends and holidays to network operations across the DoD NIRPNET, SIPRNET, and TS/SCI networks. Without this visibility, DoD networks would be subjected to constant attacks from malware, viruses, and denial of service bringing the productivity of the DoD to a halt and severely jeopardizing the security of our nation.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: The Contracting Officer will negotiate prices consistent with the current task order, IGCE, and the rates established in the Encore II base contract. The contracting officer will make a determination that prices are fair and reasonable.

6. MARKET RESEARCH: Market research was performed in June 2011 by USCYBERCOM in support of a previous extension of services to identify competitive sources that could provide

Page 4 of 4 Pages 04Sept2012/v1.5 the mission essential support as well as meet the critical time line immediately without loss of mission operations integrity. Potential sources were identified by consulting USCYBERCOM and NSA experts as well as leveraging search engines on market research such as govcon.com, imart.ogr, and industrylink.com. Market research was conducted to identify vendors, large and small, capable of providing the required service. It was determined that HP was the only known vendor capable of providing uninterrupted/critical support to the USCYBERCOM. Currently, the follow-on contract is at the protest resolution phase and it will not be resolved in time to support ongoing USCYBERCOM mission requirements.

7. ANY OTHER SUPPORTING FACTS: This bridge effort is to allow time for protest actions to be completed and a short transition period to minimize impact to critical mission operations.

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

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

a. Procurement history. The current task order awarded to HP under ENCORE II HC1028- 08-D-2018\VC02, multiple-award, Indefinite Delivery/Indefinite Quantity (ID/IQ) contract on 30 March 2009, with a one year base order period of performance of 31 March 2009 – 30 March 2010, and two one year option periods. The task order has been extended for an additional six months with a period of performance of 31 March 2012 – 30 September 2012 under FAR Clause 52.217-8, Option to Extend Services. The estimated life cycle cost for the contracted effort to date is $7,033,529.22. The initial task order was competitively awarded.

b. The follow-on requirement has been competed. It is anticipated that award under this competitive procurement will be made no later than March 2013.

9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): Not Applicable