J_A Posted.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6.3

1. Identification of the agency and contracting activity

The Office of Acquisition Management (AQM) is conducting this acquisition for other than full and open competition for the MITRE Corporation to provide cybersecurity assistance through bilateral and multilateral engagements on behalf of the Department of State’s Office of the Coordinator for Cyber Issues (S/CCI). Estimated cost for this procurement is

$750,000 over a twenty-four month period of performance.

2. Nature and/or description of the action being approved

Issuance of a task order to MITRE Corporation under the Homeland Security Systems

Engineering and Developing Institute (HSSEDI) Federally Funded Research and

Development Center (FFRDC) Sponsoring Agreement to support bilateral and multilateral cybersecurity initiatives around the world, per DHS’s approval of non-sponsor work with

Department of State for Cyber Capacity Building. The work is synergistic with DHS’s goals to counter terrorism and homeland security threats and secure cyberspace and critical infrastructure. The contemplated contract type is a Cost-Plus-Fixed-Fee (CPFF).

3. A description of the supplies of services required to meet the Department’s needs

The S/CCI requirement is to provide technical expertise, advice, and recommendations through engagement with the governments around the globe with the objective of encouraging national cybersecurity principles and the implementation of national cybersecurity policies and strategies through interagency and multi-stakeholder processes.

These services require a premier group of experts familiar with cyber-related topics that can support U.S. government efforts to engage at the national level to assist partner nations in the development and implementation of national cyber strategies that align to U.S. cyber policy, frameworks and best practices.

Government officials and appropriate non-government stakeholders who have responsibility at a policy level for cybersecurity, information technology deployment, and national security will be key stakeholders. Program engagements seek to strengthen national understanding of cyber threats and opportunities, identify areas of mutual interest for regional cooperation, inform development of national cyber strategies, and strengthen cyber capabilities and capacities through the use of U.S. frameworks and best practices.

The proposed project would be an application of S/CCI Cyber Capacity Engagement Plan and Guide (Cyber Engagement Plan) initially developed by the MITRE Cybersecurity

Technical Center under contract through MITRE’s Center for Enterprise Modernization

(CEM) FFRDC. The Cyber Engagement Plan is a series of tools to engage governments globally with the objective of encouraging national and regional perspectives on cybersecurity principles and the implementation of national cybersecurity policies and strategies through an interagency and multi-stakeholder processes. This project is intended to build governments’ capacity in cyberspace at the strategic and policy level so that partners can be better equipped to anticipate and address challenges in cyberspace.

With DoS direction, MITRE will participate in workshops, table-top exercises and technical exchanges using the Cyber Engagement Plan and U.S. frameworks, such as the NIST

Cybersecurity Framework and Cybersecurity Workforce Framework. In support of DoS policy objectives and initiatives, MITRE will provide recommendations and guidance for developing or strengthening draft national cyber strategies, advise on governance options, roles and responsibilities, develop implementation roadmaps, and provide additional technical expertise and advice to facilitate whole-of-nation implementation of cyber strategies and the bolstering of national cybersecurity posture, to potentially include policy development and implementation, and/or operational or tactical recommendations and activities for people, processes and technologies, as appropriate. As appropriate, S/CCI may also provide these outputs to international partners to support the prioritization of its resources, efforts for strategy approval, and implementation to ensure an integrated approach across government ministries and private sector stakeholders.

The material that S/CCI and MITRE will use for these engagements has already been approved for public release, will be approved prior to use, or exists in the public domain.

4. An identification of the statutory authority permitting other than full and open competition. This acquisition is conducted under the authority of 41 U.S.C. 3304, as implemented by FAR 6.3 and substantiated by the following:

☒ FAR 6.302-3 – Industrial mobilization; engineering, developmental, or research capability; or expert service.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action requires use of the authority cited.

MITRE’s HSSEDI is uniquely qualified to provide these services to S/CCI based upon the following:

They are a Federally Funded Research and Development Center (FFRDC) and operate as a not-for-profit organization in support of federal agencies goals and objectives. MITRE

Corporation has demonstrated success in its goal to support various agencies as evidenced by successful contracting with the Department of Defense, Internal Revenue Services (RES), Federal Aviation Administration (FAA), Department of Veterans Affairs (VA), and the U.S.

Courts. MITRE’s mission is to provide innovative, practical solutions for some of our nation’s most critical challenges in defense of intelligence, aviation, civil systems, homeland security, the judiciary, healthcare, and cybersecurity.

S/CCI is proposing to use HSSEDI to assist in implementing the S/CCI Cyber Engagement

Plan initially developed by the MITRE Cybersecurity Technical Center under contract through MITRE’s Center for Enterprise Modernization (CEM) FFRDC. The purpose of the

Cyber Engagement Plan is to build partner nation capacity in cyberspace at the strategic and policy level. Recognized as a trusted, un-biased, authoritative organization dedicated to improving international engagements in cyberspace, MITRE regularly collaborates with government, industry, and academia to provide the technical expertise, advice and recommendations on cyber related issues. As the sponsoring agency of the FFRDC, DHS has extensive experience in providing consent that the intended work meets the requirements for non-DHS use of the HSSEDI FFRDC.

MITRE has a proven track record of implementing this work for the Department since 2015.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies

As the developer of the Cyber Capacity Engagement Plan and Guide, no other organization has the same level of technical expertise and experience with S/CCI’s Cyber Engagement

Plan and in assisting nations with develop national cyber strategies as the MITRE

Corporation. With a team of experts deeply familiar with U.S. cyber policies, they are the most timely and cost effective option for S/CCI. Furthermore, it is critical that S/CCI maintain the work being completed by the MITRE Corporation so that they can continue the development of the Cyber Capacity Engagement Plan and Guide, and apply the plan’s theories to policy aimed at strengthening nations’ cybersecurity due diligence.

7. A determination by the ordering activity Contracting Officer that the anticipated cost to the government is fair and reasonable

The Contracting Office determines that the anticipated price(s) will be fair and responsible based on historical pricing. By signing the justification, the Contracting Officer makes a determination that the expected cost of $750,000 to the Government is fair and reasonable.

The MITRE Corporation is a non-profit FFRDC whose cost accounting system is monitored by the Defense Contract Audit Agency (DCAA) and all work performed by the MITRE

Corporation is done on a Cost Plus Fixed Fee (CPFF) basis. The combination of the DCAA oversight and the price being limited to the actual costs provides the necessary assurance to the contracting officer that the resultant prices will be fair and reasonable.

8. A description of the market survey conducted (see part 10) and the results or a statement of the reasons a market survey was not conducted

MITRE Corporation is a not-for-profit organization whose mission is to support federal agencies in the execution of their mission(s). As a not-for-profit federally funded research and development center, MITRE Corporation meets some special long-term research or development need which cannot be met as effectively by existing in-house or contractor resources. MITRE Corporation cannot, and does not, compete for commercial contracts like other Beltway contractors such as Accenture, Deloitte, or Booz Allen Hamilton. The organization was established to support the federal government sector.

9. Any other facts supporting the use of this justification

MITRE Corporation is a not-for-profit organization whose mission is to support federal agencies in the execution of their mission(s). As a not-for-profit federally funded research and development center, MITRE Corporation meets some special long-term research or development need which cannot be met as effectively by existing in-house or contractor resources. Out of all the organizations in contact with AQM and S/CCI, none of them have the same level of technical expertise, and experience with S/CCI’s Cyber Engagement Plan and in assisting nations with developing national cyber strategies as MITRE Corporation.

With a team of experts deeply familiar with U.S. cyber policies and frameworks, they are the most timely and cost effective option for S/CCI.

10. A listing of any sources that expressed a written interest in the acquisition

None.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required

AQM and S/CCI will continue to keep abreast of the market to understand when it will be in the best interest of the Department to compete and or change this requirement in the future.

IAW Section FAR 6.305 this J&A will be posted within 14 days of the award.