J&A_Bridge_due_to_Protest_ETI_13_Redacted.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: Not Applicable (N/A) Contract Number: HC1028-13-D-0011 Task/Delivery Order Number: 0002 Procurement Title: Defense Information System Network (DISN) Information Assurance (IA) Network Engineering Support Bridge Estimated Value:

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

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: N/A

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: The Defense Information Systems Agency (DISA) Infrastructure Directorate (IE), 6910 Cooper Avenue, Fort Meade, MD 20755-7088

Contracting Activity: DISA/Defense Information Technology Contracting Organization (DITCO), PL8313, 2300 East Drive, Building 3600, Scott AFB, IL 62225

2. NATURE/DESCRIPTION OF ACTION(S): The nature of this action is to procure one 1-month firm fixed price/cost plus fixed fee period to extend the period of performance (POP) for task order HC1028-13-D-0011-0002. The POP for the current task order ends March 29, 2019.

This extension will extend the POP by 1 month. The POP of the extension will be March 30, 2019 – April 29, 2019. This extension will ensure continued support during the protest period of the follow-on contract. The DISN IA Network Engineering Support effort actively supports expert network security engineering services for evaluating and recommending solution for the DoD networks and operational elements of the DISN. These activities include the assessment and evaluation of proposed network architecture and supporting systems, review of network management security solutions, developing requisite test plans and procedures, developing documentation installation and integration of network security solutions, and drafting updates or drafting Government documentation guides that require Government approval pertaining to deployed infrastructure and systems. Additional services are Telecommunications Systems

Defense Information System Network (DISN) Information Assurance (IA) Network Engineering Support

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Engineering and Project Management. A variety of FY19 appropriated and non-appropriated (i.e., Defense Working Capital Funds) funding sources from DISA and other mission partners.

3. DESCRIPTION OF SUPPLIES/SERVICES: Continuity of services is required for support to DISA’s and its mission partners’ continuing requirements to add new telecommunications technologies to the Department of Defense Information Network (DoDIN) in support of changing and emerging joint warfighting needs. This task order provides solutions to DoDIN challenges and implementation strategies to address new capabilities and emerging encryption technologies on the horizon to the DoDIN. For example, Ethernet encryption and Commercial Solutions for Classified (CSFC) using Suite B cryptographic algorithms. The scope of the core network for transport of classified and unclassified data means that the program interacts with and affects many other aspects of the DISN. This work requires experts who help formulate solutions to emergent issues or to short-term emergent warfighting needs.

Specific requirements, all in support of the DoDIN, include:

• Cryptographic Systems Engineering and Integration Testing

• Transport Technologies Information Assurance (IA) and Security Engineering

• Internet Protocol IA and Security Engineering

• Information Assurance Manager (IAM) Support IA Support for National Leadership Command Capabilities Center

The current task order expires on March 29, 2019. This effort was re-competed as a fair opportunity requirement. On September 19, 2018, the follow-on task order HC1028-13-D0011 HC1028-18-F-0993 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). On December 26, 2018 a modification was issued to lift the stop work order; however, another protest was received. This bid protest was submitted in a timely manner to again 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 and its stakeholders without a break in service.

The estimated cost of support for this extension is which includes all labor categories for the existing task order HC1028-13-D-0011-0002 for the one 1-month option period: March 30, 2019 – April 29, 2019.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Exception to Fair Opportunity. In accordance with (IAW) 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, provided that all awardees were given a fair opportunity to be considered for the original order.

(b) Justification.

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(1) Minimum Government Requirements. DISA and its stakeholders all depend on daily services currently rendered by incumbent contractor. The DISN provides mission-critical functionality and services that support command and control, intelligence, logistics personnel, transportation, medical, and other essential missions across the full spectrum of military operations. The DISN contributes to the DISA Enterprise Infrastructure by connecting deployed war fighters to each other and to their sustaining bases; U.S. Forces to their coalition partners; and DoD to intelligence and federal, state, and local agencies. This task order provides critical encryptor/encryption, transport and IA security engineering services in support of the DISN. Failure to support mission partner and other stakeholders will negatively impact solutions to IT challenges and creating new capabilities and next generation IT systems in support of the DoD enterprise.

(2) Proposed sole source contractor. Due to the bid protest filed by , Bylight Professional IT Services, LLC is the only source that can fulfill this requirement without risk of a substantial break in service/support to DISA and its stakeholders.

(3) A sole-source action is necessary due to a protest filed in response to the award of the follow-on contract, HC1028-13-D-0011-HC1028-18-F-0993. 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 GSMETI00013.00, 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.

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-0011- HC1028-18-F-0993 are complete. Market research was conducted for the follow-on task order which was conducted within the last 12 months; based on the results it was determined the follow-on efforts could be competitively solicited allowing fair opportunity under the Global Information Grid (GIG) Services Management (GSM) - Engineering, Transition, and Implementation (ETI) vehicle.

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: (16.505(b)(2)(ii)(B)(7).

(a) Current Contract: HC1028-13-D-0011-0002

(b) Status: Expires March 29, 2019. Competitive fair opportunity competition was completed for follow-on. Award announced September 19, 2019. Stop-work order was issued on September 26, 2018 due to a bid protest. On December 20, 2018, a modification was issued to lift the stop work order; however, another protest was received. Stop work order was issued on December 27, 2018 due to a second bid protest.

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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.

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. Since this effort exceeds $150K but does not exceed $700K, this certification serves as APPROVAL.)

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Brooke N. Winkeler, brooke.n.winkeler.civ@mail.mil or 618-418-6405.