JA Sole Source.pdf

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

Procurement Request Number: N3146B23RC0011Z

Control Number: S01

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Cooperative Security Location (CSL), El Salvador needs to procure IT Consulting Services to complete the United States Navy (USN) Cybercom Risk Management Framework (RMF) requirements allowing CSL to retain the Authority to Operate (ATO) its Independent Secured Data Network (ISDN) which includes Department of Defense Non-Secure Internet Protocol Router (NIPR) and Secured Internet Protocol Router (SIPR). The networks are primarily used by tenant commands operating under the direction of US Southern Command (USSOUTHCOM) in the counter narcotics missions.

Estimated Dollar Value Item Qty Price total

Risk management framework for CSL Comalapa

2 mon. 41,309.05 $82,618.10

Total $82,618.10 Delivery Date Immediate

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. X UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: 06 January 2023

2. Required delivery date/period of performance: Start immediately, complete no later 19 May 2023.

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

Cooperative Security Location (CSL) Comalapa, El Salvador started its Authorization to Operate (ATO) in 2019 after Continuity Global Solutions (CGS) was awarded the original contract from a company that was terminated for substandard performance. As a tenant itself of the airport, CSL does not participate in U.S. government IT networks, including NMCI. CSL maintains an independent secured data network, which through recent audits has been determined to not meet current cyber requirements. CSL Comalapa has an Excepted Network Enclave (ENE) and is not part of the ONENET or NMCI umbrella. Prior to the ATO process, CSL Comalapa received Conditional Authorization Requests (CAR) provided by the Navy Authorizing Official. These CARs allowed the CSL ENE to remain operational while vulnerabilities and compliance standards were being corrected. The networks are vital in the support of CSL’s primary mission. CGS has been on contract since 2020 and CSL’s ATO is currently in Step 4 of 6 for NIPR and SIPR systems. CGS has already completed 80% of the required tasks and another Contractor would not be able to prepare the required documentation and plan needed for the extension request within the required timeframe.

Using a different vendor would force CSL to restart Step 4, causing a delay in the timeline and would put all previous work and validations at high risk if the Risk Management Framework (RMF) is not completed prior to the Authorization Termination Date (ATD).

CGS is very familiar with CSL’s network status and mitigation in the RMF process.

Restarting Step 4 would also result in a significant increase to the government of over $300K based on extra time required to complete the entire Step 4 process. The original timeline under the previous RMF contract has been delayed multiple times, most recently due to the 60-day delay in processing of the Security Assessment Plan (SAP), and unexpected delays in having a contracted advisor for step 3.

4. Additional pertinent information:

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

Signature ___________________________ Title: Deputy C&IS

Activity: Cooperative Security Location, El Salvador Date: 17 February 2023

B. Certification/Approval.

Contracting Officer

Name (Printed) / Phone # Date