JA_ETI32 bridge 832017303 Posting_Redacted.pdf

DISN Secure Systems Engineering and Evolution Support – JA21-005

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

Purchase Request Number: 8320165956 Contract Number: HC1028-18-D-0018 Task/Delivery Order Number: To be determined Procurement Title: Defense Information System Network (DISN) Secure Systems Engineering and Evolution Support Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 2304c(b) and FAR 16.505(b)(2)(i)(C)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: JA21-005

Upon the basis of the following justification, I, as the Head of the Contracting Activity, hereby approve this exception to fair opportunity pursuant to the Statutory Authority of 10 U.S.C.

2304c(b) and Regulatory 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 a new task order for DISN Secure Systems Engineering and Evolution Support (current task order HC1028-13-D-0011 / HC102818F0993) until the re-compete effort is awarded. The period of performance (PoP) for the current task order ends December 31, 2020. The PoP for the bridge is a six-month base period (January 1, 2021 – June 30, 2021) with two, three-month option periods (July 1, 2021 – December 31, 2021). The estimated lifecycle value of the cost plus fixed fee (CPFF) task order is (inclusive of surge in the amount of ) and will utilize a variety of appropriated and non-appropriated (i.e., Defense Working Capital Funds) funding sources from DISA and other mission partners.

3. DESCRIPTION OF SUPPLIES/SERVICES: This action is for the procurement of DISN Secure Systems Engineering and Evolution Support, which provides engineering support for all

DISN Secure Systems Engineering and Evolution Support – JA21-

Page 2 of 7 Pages elements, layers, and gateways of the DISN infrastructure, to include an Internet Protocol-based and switched infrastructure leveraging encryption of terrestrial and undersea fiber optic networks and military and commercial satellite communications. This bridge will ensure continuity of DISN Secure Systems Engineering and Evolution Support.

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 follow-on task 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 Global Solutions Management-Engineering, Transition, and Implementation (GSM-ETI) multiple award Indefinite Delivery, Indefinite Quantity (IDIQ) contract. All GSM-ETI awardees were given a fair opportunity to be considered for the original order.

(b) Description of the Justification.

This justification is for services that were previously awarded on a competitive basis to By Light Professional IT Services, Inc. The current task order was competitively awarded as a small business set-aside under the GSM-ETI multiple award IDIQ contract; however, the GSM-ETI contract ordering period ended December 31, 2019, and task orders may not go beyond December 31, 2020. As such, the bridge will result in a new task order award rather than an extension of the existing task order. The follow-on effort is projected to be awarded to Phacil, LLC (a By Light wholly owned subsidiary) via the ENCORE III Full and Open (F&O) multiple award IDIQ contract.

Efforts are currently ongoing to pursue a competitive task order award, which will provide continued support of the DISN infrastructure; however, delays encountered prevented award prior to the expiration of the current task order. Because of delays, award of the follow-on task order, Multimedia Architectural Networking Design Optimization (MANDO), will not occur before the expiration of the current task. The current task order provides mission-critical systems engineering, technical, and application engineering support of the DISN architecture, which encompasses legacy, current, and future DoD and DISA capabilities throughout the acquisition and engineering lifecycle.

Additionally, the Satellite Communications (SATCOM) Database (SDB) is the Joint Staff approved master database of current and future Department of Defense (DoD) satellite communications requirements. The SDB is a Joint Staff/USSTRATCOM owned, DISA managed database containing unit level satellite communications requirements for all of DoD Unified Combatant Commands, Services and Agencies along with other Federal and Civil Government agencies that occasionally utilize DOD SATCOM. The bridge contract will allow these services to continue until the follow-on (MANDO) task order is available (projected award date is March 26, 2021). The bridge contract’s PoP of six months plus two, three-month option periods will provide the necessary flexibility for DISA and non- DISA mission partners to continue support. Failure to maintain the contractor support

Page 3 of 7 Pages provided by Phacil, LLC (a By Light wholly owned subsidiary) until the follow-on task order can be awarded will result in a loss of continuity of services and will be detrimental and negatively impact mission-critical functionality and services provided to DISA.

Phacil, LLC understands the requirements and currently possesses the requisite expertise and relevant experience to continue performance.

(c) Justification.

(1) Minimum Government requirements.

The contractor will provide support at its current contract level until the follow-on task order is awarded and transitioned to the awardee. Engineering support services are needed to address the technical planning, analysis, assessment, and regulatory compliance of the Army Joint Base Customer Edge (JB-CE) DISN architecture.

DISA will provide design and architecture engineering support of the JB-CE routers architecture. The minimum Government requirement includes the effective and efficient functioning of the existing network and systems integration testing and engineering support to assess and support implementing advanced and future networking technologies into the DISN. The minimum Government requirement includes this work, which requires experts who can respond to immediate and evolving requirements when there is a compromise. Specialized support is necessary to formulate solutions to emergent issues or short-term emergent warfighting needs and is supported by the current task order. The expertise needed for this requirement is in cybersecurity, software-defined networking, timing & synchronization, fiber optic networks, and military and commercial satellite communications that are not readily available in the marketplace. A gap in service would be devastating to the warfighter and have worldwide ramifications as this effort allows the vital components of the DISN infrastructure to be deployed to other military forces around the globe.

(2) Proposed sole source contractor.

The proposed sole source contractor is Phacil, LLC (a By Light wholly owned subsidiary), the only source that can continue to fulfill this requirement within the necessary time frame and without risk of a substantial break in service/support to DISA and its mission partners.

(3) Discussion regarding cause of the sole source situation.

This effort is being solicited on a competitive basis under the ENCORE III Small Business (SB) vehicle; however, delays in submitting the requirements package lengthened the award process. The anticipated award date for the new task order is March 26, 2021. A gap, in the critical systems engineering, technical, and application engineering support that By Light provides in support of the DISN, is unacceptable as it will negatively impact mission-critical functionality and services to military operations. Therefore, a sole source task order bridge is requested.

(4) Demonstration of unique source.

Phacil, LLC (a By Light wholly owned subsidiary) is uniquely postured to support all elements, layers, and gateways of the DISN infrastructure without losing time

Page 4 of 7 Pages and an abrupt work stoppage starting on January 1, 2021. Phacil, LLC understands the requirements and currently possesses the requisite expertise and relevant experience as By Light is the incumbent on the existing task order. The Government requires the contractor to respond to the immediate and evolving engineering and technical needs of today’s and tomorrow’s warfighter. Specific engineering skillsets that are needed and currently provided by By Light include cryptographic technology, network security expertise, and the current technologies and equipment used in DISA’s infrastructure. Specialized support is necessary to formulate solutions to emergent issues or short-term emergent warfighting needs and is supported by the current task order; however, these specialized services are not readily available in the marketplace in the timeframe necessary.

(5) Procurement discussion.

The follow-on effort is being solicited on a competitive basis under the ENCORE III SB contract vehicle. The re-compete is moving forward, with an anticipated award on March 26, 2021.

(6) Impact.

Failure to maintain the contractor support that will be provided by Phacil, LLC until the follow-on procurement can be awarded and transitioned will result in a loss in the continuity of services and cause detrimental effects that will negatively impact mission-critical functionality and services to military operations. The current contractor, By Light, provides highly specialized and critical support to DISA and DISA’s mission partners, and a gap in service would cause a decline in the quality of services provided to DISA and its mission partners.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: Determination of fair and reasonable price for this bridge task order will be based on the independent government cost estimate, comparison to the competitively awarded GSM-ETI task order labor rates, and comparison to Phacil’s ENCORE III 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 cost/price will be determined fair and reasonable upon completion of negotiations.

6. MARKET RESEARCH:

Phacil, LLC is the only contractor at this time with the requisite knowledge and technical personnel capabilities to support the requirement in the timeframe necessary for continuous 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 under the ENCORE III SB contract vehicle. The Government is re-competing the requirement based on the market research findings; however, as a result of the delay in submitting the requirements package, 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. Therefore, Phacil, LLC (a By Light wholly owned

Page 5 of 7 Pages subsidiary) is the only source that can continue providing the necessary level of support without risk of a substantial break in support.

7. ANY OTHER SUPPORTING FACTS: None

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

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History.

Contract/TO Number: HC1028-13-D-0011/HC1028-18-F-0993 Brief Description: DISN Secure Systems Engineering and Evolution

Support (GSMETI00032.00) Contractor: By Light Professional IT Services, Inc.

Business Type: Awarded as a small business set-aside Life Cycle Contract Value: $ 23,577,216 Period of Performance (including all options):

April 29, 2019 through December 31, 2020

Contract Type: CPFF Basis of Award: Competitively awarded small business set-aside via the GSM-ETI multiple award IDIQ

Contract/TO Number: HC1028-13-D-0011-0002 Brief Description: Information Assurance (IA) Network

Engineering Capabilities Contractor: By Light Professional IT Services LLC Business Type: Awarded as a small business set-aside Life Cycle Contract Value: $21,050,006

Period of Performance (including all options):

September 30, 2013 through April 28, 2019

Contract Type: Firm Fixed Price (FFP) & CPFF

Contract/TO Number: HC1028-13-D-0011-0003 Brief Description: DISN IP Engineering Support Contractor: By Light Professional IT Services LLC Business Type: Awarded as a small business set-aside Life Cycle Contract Value: $53,925,814 Period of Performance (including all options):

September 30, 2013 through April 28, 2019

Contract Type: FFP & CPFF

Contract/TO Number: HC1028-13-D-0012-0002

Page 6 of 7 Pages

Brief Description: DISN Transport Engineering Support Contractor: IPKEYS TECHNOLOGIES LLC

Business Type: Awarded as a small business set-aside Life Cycle Contract Value: $66,080,077 Period of Performance (including all options):

October 29, 2013 through April 28, 2019

Contract Type: FFP & CPFF

(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 for purposes of this bridge will be issued under the ENCORE III F&O multiple award IDIQ contract.

Page 7 of 7 Pages

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: Yvette Smith SIGNATURE: See separate signature page

TITLE/ORGANIZATION: Alternate Contracting Officer Representative DISA/IE57

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: Yvette Smith SIGNATURE: See separate signature page

TITLE/ORGANIZATION: Alternate Contracting Officer Representative DISA/IE57

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

NAME: Matthew R. Cassady SIGNATURE: See separate signature page

TITLE/ORGANIZATION: Contracting Officer, DISA/DITCO/PL8313

HEAD OF THE CONTRACTING ACTIVITY (HCA) 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 $93M, this review serves as approval.

NAME: Debra D. Daniels SIGNATURE: See separate signature page

TITLE/ORGANIZATION: HCA/DISA

PHONE DATE:

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Matthew R. Cassady, 618-418-6713, matthew.r.cassady2.civ@mail.mil