Redacted - JA19-105 MOD 1 NSC Technical and Administrative Support.pdf

JUSTIFICATION & APPROVAL (J&A) FOR FEDERAL ACQUISITION

REGULATION (FAR) SUBPART 16.5 ACQUISITIONS

EXCEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule/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

Contract Number: HC1028-13-D-0008 Task/Delivery Order Number: 0004 Procurement Title: Enterprise Connection Division (NSC) Technical and Administrative Support Estimated Value:

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

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: JA19-105 MOD 1

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).

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency:

Defense Information Systems Agency (DISA) / Risk Management Executive (RME) Risk

Adjudication and Connection Division (RE4)

6916 Cooper Ave

Fort Meade, MD 20755

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO), PL8313 2300

East Drive, Building 36003

Scott AFB, IL 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S):

MOD 1: This modification is to add a two-month base extension, with four 1-month option periods to the period of performance (PoP) of HC1028-13-D-0008-0004. The current task order (TO) ends November 30, 2019, and this action (MOD 01) will extend that through May 30, 2020. The estimated cost of the firm fixed price extension is . This extension is necessary due to a protest received on the follow-on TO and will ensure continued support during the protest period and resolution of the protest.

This effort was re-competed as a fair opportunity requirement. On August 30, 2019, the follow-on Technical Assessment and Support Services (TASS) contract, HC1028-19-F-0653, Page 2 of 6 Pages

Enterprise Connection Division (NSC) Technical and Administrative Support-JA19-105 MOD 1 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 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 DISA RME and their stakeholders without a break in service.

This bridge modification is to extend the current support for NSC Technical and Administrative Support (task order HC1028-13-D-0008-0004, NES until the recompete can be awarded. The PoP for the bridge is a three-month base period, with three, one-month options. The estimated cost of the firm fixed price requirement is and will utilize appropriated funding sources from

DISA.

3. DESCRIPTION OF SUPPLIES/SERVICES: This action is for NSC Technical and Administrative Support. NSC develops, executes, and controls processes and procedures that approve and monitor connections and requirements for Information Systems and Networks that have been designed, configured, and authorized to operate in the Global Information Grid (GIG).

NSC also hosts the Department of Defense (DoD) Defense Information Assurance/Security Accreditation Working Group (DSAWG) and the Ports, Protocols, and Services Management (PPSM) chair and secretariats that provide risk acceptance guidance and decisions to the DoD and Intelligence communities for changing threats and changing information sharing needs of the DoD and its mission partners. NSC expeditiously connects the warfighter and Mission Partners with appropriate and effective risk balanced security, clear visibility, and efficient quality service. Every Information System, enclave, and connection NSC analyzes approves, or monitors can affect the National security and the ability to successfully execute DoD missions. NSC’s overarching function is to reduce risk to the GIG by providing enhanced Information Assurance (IA) and security through balanced risk management. PPSM, DSAWG, and the IA Branch perform risk management functions through: enforcement actions that govern the use, configuration, and management of applications, protocols, and services, along with their associated ports; IA compliance verification through the common Defense Information Systems Network (DISN) Connection Approval process, cross domain risk analyses, enclave scanning, and GIG Internet Service Provider (ISP) and network waiver management; and development/acceptance of risk mitigation strategies with USCYBERCOM, the DoD Community, the Principal Accrediting Authorities, and the Intelligence Community. NSC’s associated configuration management functions support risk management/reduction capability through the maintenance of two classified and one unclassified database that enable global configuration registration, tracking, and compliance monitoring. Specific requirements include:

• Implementation of DoD, agency, and division policies

• Development of procedures and processes

• Accreditation decision research and recommendations

• Maintain Division strategic and implementation capabilities

• Management of DISN connection process

• Support accreditation, configuration control, and technical advisory groups/boards

• Project Management

Page 3 of 6 Pages

• Metrics and analysis procedures

• DoD-level governance and Secretariat support

• Knowledge Management

• Website management

• IA Analyses and security vulnerability assessments

• Commercial Cloud Assessment and Authorization

This bridge extension will ensure continuity of NSC Technical and Administrative Support until the Technical Assessment and Support Services (TASS) recompete task order (reference tracking number 831711853) is awarded. The PoP for the bridge is one, three-month base period (June 1, 2019 through August 31, 2019) with three, one-month option periods. The total estimated lifecycle value of the bridge is $:

Base Period: $ Option Period 1: $ Option Period 2: $ Option Period 3: $

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:

(a) Exception to Fair Opportunity. In accordance with FAR 16.505(b)(2)(i)C). The task order modification 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, which all awardees were given a fair opportunity to be considered for the original order.

(b) Description of the Justification. This justification is to extend services that were previously awarded on a competitive basis to NES. Efforts are currently ongoing to pursue a competitive task order award which will provide continued support; however, delays in the award have been encountered which have prevented award prior to expiration of the current task order. Award of follow-on task order (TASS/tracking number 831711853) will not occur prior to expiration of current task order due to unforeseen delays in the complexity of the follow-on procurement. The scope of requirements to be provided under the bridge extension remain unchanged from the requirements provided under the current task order. Failure to maintain the contractor support provided by NES until the re-compete procurement can be fully awarded will have significant impact on DoD in terms of connection approval analysis/decisions, risk adjudication support for DSAWG, Cross Domain Technical Advisory Board (CDTAB) risk support, PPSM oversight, and Cloud Services Assessment and Authorization (A&A) support necessary for issuing Provisional Authorizations and will be detrimental as it will negatively impact mission-critical functionality and services. NES understands the requirements and currently possesses the requisite expertise and relevant experience to continue performance.

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(c) Justification:

(1) Minimum Government requirements. The contractor will provide support at its current level until the follow-on task order has been awarded and transitioned to the awardee. Specifically, the minimum Government requirements include support for Cloud Assessments, Connection Approval, and DSAWG, CDTAB, PPSM Secretariats.

(2) Proposed sole source contractor. Due to the complexity of the services being provided today, NES, the current contractor, is the only source that can continue to fulfill this requirement within the necessary time frames and without risk of a substantial break in service/support to DISA and its mission partners. The follow-on task order is currently being re-competed utilizing the fair opportunity process. As previously stated, NES understands the requirements and currently possesses the requisite expertise and relevant experience to continue performance.

(3) Discussion regarding cause of the sole source situation. The follow-on task order is currently being solicited on a competitive basis as a Women Owned Small Business (WOSB) set-aside via General Services Administration (GSA) IT Schedule 70;

however, unforeseen delays have lengthened the evaluation and award process. The anticipated award date for the new task order is mid July 2019. The six-month extension under FAR 52.217-8 has been exhausted; however, a gap in the critical support that NES provides is unacceptable as it will negatively impact mission-critical functionality and services to the entire DoD. Therefore, a bridge extension to the current task order is necessary.

(4) Demonstration of unique source. NES is uniquely postured to provide NSC Technical and Administrative Support without loss of time and work stoppage starting June 1, 2019. NES understands the requirements and currently possesses the requisite expertise and relevant experience. The Government requires the contractor to provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to support the Enterprise Connection Division, Information Assurance, Plans and Management, DoD/IA Security Accreditation Working Group, and Ports, Protocols, and Services Management; however, these specialized services are not readily available in the marketplace in the timeframe necessary.

(5) Procurement discussion. This effort is currently being solicited on a competitive basis as a WOSB set-aside via GSA IT Schedule 70 (TASS/tracking number 831711853). The re-compete is moving forward, with anticipated award mid July 2019.

(6) Impact. Failure to maintain the contractor support continuity provided by NES until the re-compete procurement can be fully awarded and transitioned will result in a loss of continuity of services and cause detrimental effects as it will negatively impact the DoD in terms of connection approval analysis/decisions, risk adjudication support for DSAWG, CDTAB risk support, PPSM oversight, and Cloud Services A&A support necessary for issuing Provisional Authorizations.

Page 5 of 6 Pages

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: Determination of fair and reasonable price for this particular extension modification will be based on the independent government cost estimate, and comparison to the competitively awarded task order labor rates.

The contracting officer will determine if the ultimate price is fair and reasonable by comparing past rates and labor categories on this task order for current work and requirements of the performance work statement being performed. The final price will be determined fair and reasonable upon completion of negotiations.

6. MARKET RESEARCH: NES is the only contractor at this time with the intimate knowledge and technical personnel capabilities to support the requirement in the timeframe necessary for uninterrupted support. Market research was conducted for the follow-on efforts; based on the results it was determined the follow-on efforts could be competitively solicited allowing fair opportunity. The Government is currently re-competing the requirement based on the market research findings; however, as a result of the delay in the acquisition schedule and necessary transition, it is not currently feasible to award the subject task order to another contractor in sufficient time to avoid a bridge. Based on the result of market research, the Government has determined that the current level of support can only be provided by the incumbent. NES is the only source that can continue providing the level of support required without risk of a substantial break in support.

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) Procurement History: This task order was previously competed under fair opportunity competition (small business set-aside) under the GIG Services Management (GSM) - Engineering, Transition, and Implementation (ETI) contract vehicle. NES was awarded the task order (HC1028-13-D-0008-0004) on March 24, 2015 with a PoP consisting of one, one-year base period with two, one-year option periods and one, six-month option period. In accordance with FAR 52.217-8, the task order was extended for a six-month period and an additional one-month period. Final performance expires May 31, 2019.

(b) An exception to fair opportunity or full and open competition has not been accomplished for any prior procurement for this requirement. The requirements covered under this task order are currently being recompeted.

9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): Per the Determination and Findings (D&F) approved by the Head of Contracting Activity on May 2, 2012, an AP is not required for GSM-ETI task orders; therefore, a written AP was not accomplished for this six-month bridge.

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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 separate page

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.

NAME: SIGNATURE: See separate page

TITLE/ORGANIZATION: PHONE: DATE:

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

NAME: SIGNATURE: See separate page

TITLE/ORGANIZATION:

PHONE: DATE:

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 $13.5M, this review serves as approval and my written determination that the aforementioned FAR circumstances apply.

SIGNATURE: See separate page NAME:

TITLE/ORGANIZATION: PHONE:

DATE:

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO