JA_EC-Council_Redacted.pdf

Control No.: Gordon-2021-1

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: U.S. Army Cyber School requires training material from EC- Council for Warrant Officer Basic Course (WOBC) and Cyber Captains Career Course (CCCC) training.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: $338,236.00

Prepared by: Ophelia M. Brown DSN: 780-1803 Contract Specialist Date: 21 Oct 2020 Email: ophelia.m.brown.civ@mail.mil

Contracting Officer: Jason L. King DSN: 780-1833 Contracting Officer Date: 21 Oct 2020 Email: jason.l.king1.civ@mail.mil

Technical: Christopher M. Crookshanks DSN: 780-2984 170A Course Manager Date: 21 Oct 2020 Email: christopher.crookshanks.civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager: (required for all Justifications) Christopher M. Crookshanks DSN: 780-2984

10/22/2020

X Christopher M. Crookshanks Christopher M. Crookshanks 170A Course Manager Signed by: CROOKSHANKS.CHRISTOPHER.MIKELL.1051077551

Small Business Specialist, Small Business Program:

Rufus Gates, Jr. DSN: 780-1817

11/4/2020

X Rufus Gates Jr.

Rufus Gates, Jr Small Business Professional - Fort Gordon Signed by: GATES.RUFUS.JR.1184965930

Legal Counsel:

Terence M. Cleary DSN:

X Terence M. Cleary Chief, Administrative and Civil Law

CLEARY.TERENCE.

MICHAEL.1072798

Digitally signed by

CLEARY.TERENCE.MICHAEL.107

2798836 Date: 2020.11.06 15:30:57 -05'00'

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items –

Sole Source Justification and Approval

1. Contracting Activity: Mission and Installation Command (MICC) - Fort Gordon, GA

2. Description of Action: The US Army Cyber School requests a firm fixed price contract with International Council of Electronic Commerce Consultants (EC-Council).

The Government projects award for December 2020 and fiscal year 2021, Operations and Maintenance funds will be used.

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds: ______________

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d) (i) (B).

Name of Proposed Contractor(s): International Council of E-Commerce Consultants (EC-Council) Street Address: 101C Sun Avenue NE City, State, Zip: Albuquerque, NM 87109 Phone: 813-867-4438

3. Description of Supplies/Services: The US Army Cyber School has a need to purchase virtual training labs, reading materials, videos, and certifications vouchers for the 170A Warrant Officer Basic Course (WOBC) and the 17A Cyber Captains Career Course (CCCC).

170A WOBC materials access will be provided for the Certified Network Defender, Certified Ethical Hacker, Computer Hacking Forensic Investigator, Certified Incident Handler, Certified Security Administrator, and Certified Chief Information Security Officer certifications. FY21, 60 students: $246,800.00

17A Cyber Captains Career Course, materials access will be provided for the

Certified Ethical Hacker, Computer Hacking Forensic Investigator, Certified Security Administrator, and Certified Chief Information Security Officer certifications. FY21, 32 students: $91,436.00

Total Estimated Value: $338,236.00.

Delivery Date: 15 December 2020

X

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.

1901 as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization

Other: Sole Source

5. Reason for Authority Cited: International Council of Electronic Commerce Consultants (EC-Council) is the only supplier of the required training materials and certifications which will allow military instructors to be certified to train and adapt the materials to meet the Cyber School’s needs. SANS, GIAC, and other vendors require their in house instructors to teach the material, which diminishes relevancy and the synthesis of military operations experience into the training; the customization of vendor training to a military audience is degraded or not feasible. Also, teaching materials with in house instructors will allow the Cyber School to further customize the timelines for instruction which vendor-taught programs are unable to provide.

The Cyber School is an accredited training center (ATC) with EC-Council. EC-Council owns the trademark and copyrights to all information, including the certifications and their associated standards for Certified Network Defender, Certified Ethical Hacker, Computer Hacking Forensic Investigator, Certified Incident Handler, Certified Security Administrator, and Certified Chief Information Security Officer certifications and related training material.

The previously identified course materials are the only ones which align with the 170A Warrant Officer Basic Course and 17A Captains Career Course critical task site selection board knowledge, skills, and behaviors list in their entirety. Other vendor and brand name options do not fully support the identified training requirements. Contact with other vendors has resulted in correspondence showing existing materials and brand name materials cannot be modified to meet the current requirement. EC Council is the only source for this material.

Failure to procure the materials will result in a direct mission failure for the continued training of students, and cancellation of further courses until other options become available. This delay will further prevent global Army cyberspace operations, and unduly provide a strategic advantage to adversaries.

Alternatives. Alternatives that were discussed included:

a) Do not procure the identified training requirements. This alternative is unacceptable because the Cyber School requires the training materials and resources as part of the effort to meet the CCoE’s core mission. The CCoE is the U.S. Army's force modernization proponent for Cyberspace Operations, Signal/Communications Networks and Information Services, and Electronic

Warfare (EW), and is responsible for developing related doctrine, organizational, training, materiel, leadership/education, personnel, and facility solutions. The CCoE's mission is the training, education, and development of highly skilled Signal, Cyber, and EW professionals supporting operations at the strategic, operational, and tactical level.

b) The use of in-house personnel/expertise to create internally developed content was explored but this alternative was ultimately rejected due to the developer hours required for technical training. Bryan Chapman of Brandon-Hall listed the average time to design Instructor-Led Training at 34:1 and 4rd party courseware at 345:1. For the 181.5 academic hours required by the U.S. Army Cyber School, this would take between 6,171 ~ 62,635.65 hours of development, or between 155 and 1,566 week to complete. With the current cadre assignment cycle of 156 weeks to the organization, training would never be completed. Similarly, collaborating with University of Maryland Baltimore County for training content is estimated at greater than 18 months. This would create a minimum delay for classes and current training for 18 months, resulting in an unacceptable lack of training time as required to support ongoing military accessions and operational missions.

c) Failure to procure the materials will result in a direct mission failure for the continued training of students, and cancellation of further courses until other options become available. This delay will further prevent global Army cyberspace operations, and unduly provide a strategic advantage to adversaries.

d) The minimum requirements of the government are designated through knowledge, skills, and behaviors as found within the 170A and 17A critical task site selection board results.

e) Requirements for Cyber Mission Force certification is directed by DoDI 8570.01M and DoDI 8140. International Council of Electronic Commerce Consultants (EC- Council) is a validated requirements solution within both documents.

6. Actions to Increase Competition: Market research was conducted to ensure there were no other vendors that can provide the requirement. EC-Council owns the trademark and copyrights to all information, including the certifications and their associated standards for Certified Network Defender, Certified Ethical Hacker, Computer Hacking Forensic Investigator, Certified Incident Handler, Certified Security Administrator, and Certified Chief Information Security Officer certifications and related training material.

7. Market Research: Market research was conducted and revealed that the requirement could only be fulfilled through a Sole Source. A Sole Source Vendor Letter and a Sole Source Justification was provided. A Sources Sought was posted to www.beta.SAM.gov 09 – 19 October 2020. Two (2) responses were received but, due to further research they are not however authorized to sell courseware, Labs, or exam vouchers the way USA Cyber School is acquiring content. In order for the two responder who are authorized resellers to sell the noted products, they must be bundled in a training package and cannot be supplied separately and directly as materials.

Although the NAICS is on the WOSB Set- Aside list this requirement cannot be fulfilled through a WOSB vendor. An Intent to Sole Source will be issued and MICC Fort Gordon will respond accordingly. This requirement will be awarded as a Sole Source to International Council of Ecommerce Consultants (EC-Council), 101C Sun Ave NE, Albuquerque, NM 87109. CAGE Code: 5C6W0.

8. Procurement History:

Contract Number: W91249-20-P-0061 Award Date: 24 July 2020 Dollar Value: $288,185.00

9. 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.

10/22/2020

X Christopher M. Crookshanks Christopher M. Crookshanks

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10/22/2020

X Christopher M. Crookshanks Christopher M. Crookshanks

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be made using the IGCE.

X Symone Collins Contracting Officer

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

X Symone Collins Contracting Officer