GIPM_JEFO_No__033-14_FINAL__JAN_31_2014.pdf

Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(i)(B)

JEFO No.: 033-14

Date: January 22, 2014 PR Number: RNCC-14-60016

1. AGENCY AND CONTRACTING ACTIVITY.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO) prepared this justification for an exception to fair opportunity (JEFO). This action is on behalf of the Office of the Assistant Secretary (OAS), Cybersecurity and Communications

(CS&C), Office of Emergency Communications (OEC), Stakeholder Engagement and Cyber

Infrastructure Resilience (SECIR) Division, Government/Industry Program and Management (GIPM).

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

DHS/OPO is requesting an exception to fair opportunity to extend the period of performance

(POP) of task order HSHQDC-11-J-00502 from February 1, 2014 to February 26, 2014. The task order was competitively awarded to Booz Allen Hamilton (BAH) for a total of

$8,106,425.35 for a base and option period of 1 year each against Scientific, Engineering, & Technical Assistance (SETA II) Indefinite Delivery Indefinite Quantity

(IDIQ) contract HSHQDC-09-D-00059. The task order type is hybrid (cost-plus-fixed-fee, time and material and reimbursable at cost).

3. DESCRIPTION OF THE SUPPLIES/ SERVICES.

During the final option year of the above mentioned task order, the services being provided extend to several offices within CS&C, to include SECIR, OEC, and OAS. Many of the programs within these offices provide administrative, technical, and analytic support mandated by Executive Orders

(E.O.), and thus, the contractor provides support to the Government in order to fulfill the requirements within the Executive Orders (E.O. 12382, President's National Telecommunications

Advisory Committee; E.0. 13618, Assignment of National Security and Emergency Preparedness

Communications Functions; and E.O. 13636, Improving Critical Infrastructure Cybersecurity).

Many of the services provided by BAH are ongoing and provide deliverables that help inform scheduled events for various government and industry stakeholders.

The SECIR/GIPM Program leads a consolidated, coordinated, professional engagement strategy within our nation's critical infrastructure owners and operators on behalf of OAS, CS&C. The

CS&C, SECIR/GIPM Program leads the national planning efforts to prioritize and protect cyber elements of U.S. critical infrastructure sectors by conducting:

President’s National Security Telecommunications Advisory Committee Meeting

National Security Telecommunications Advisory Committee (NSTAC’) Industrial

Internet Subcommittee Meetings (weekly)

Network Security Information Exchange Meeting

National Security/Emergency Preparedness (NS/EP) Senior Steering Group and Tiger Team

Meetings (weekly)

Other del iverables that wi l l be delayed due to government schedule delays are:

The 2014 ExCom Work Plan to be del ivered to the White House

Issue Paper on Communicat ions Sector ' s Dependency on GPS

National Sector Risk Assessment , Phase I I Report

NSTAC Membership Analysis to be del ivered to the Nat ional Secur i ty

Staff a t the White House

NSIE s l ick sheet and market ing mater ia ls

This includes assisting the CS&C, SECIR/GIPM Program in establishing and implementing the programs, plans, policies and procedures that will aid in ensuring the security of the Nation's vast and interdependent Telecommunication infrastructure.

The estimated value of the extension is $230,912.00 and is the amount of funding remaining on the task order after January 31, 2014. Since the requirements existed during the fiscal year in which the funds were obligated and are merely b eing implemented on a delayed schedule through no fault of the Contractor, this request for POP extension meets the Bona Fide Need rule. Based on the current program estimate, having the contractor continue to perform the above mentioned duties through February 26, 2014 will be in the best interest of the Government.

4. IDENTIFICATION OF THE JUSTIFICATION OF THE EXCEPTION TO FAIR

OPPORTUNITY.

The above mentioned task order must be issued in accordance with FAR 16.505(b)(2)(i)(C) on a sole-source basis in the interest of economy and efficiency, as a logical follow-on to task order

HSHQDC-11-J-00502 as mentioned earlier herein. All awardees were given a fair opportunity to be considered for the current task order. The relationship between the current task order and the follow-on is logical. As a result of programmatic delays on the part of the Government as alluded to earlier herein, the GIPM program and project management support for events has deliverables which are still pending completion after the period of performance is scheduled to expire and thus the relationship between the current task order and the requested follow-on. The deliverables are as follows:

President's National Security Telecommunications Advisory Committee Meeting

NSTAC's Industrial Internet Subcommittee Meetings (weekly)

Network Security Information Exchange Meeting

NS/EP Senior Steering Group and Tiger Team Meetings (weekly)

Other illustrative deliverables that will be delayed due to government schedule delays are:

The 2014 ExCom Work Plan to be delivered to the White House

Issue Paper on Communications Sector's Dependency on GPS

National Sector Risk Assessment, Phase II Report

NSTAC Membership Analysis to be delivered to the National Security Staff at the White

House

NSIE slick sheet and marketing materials

An extension to this POP will allow the BAH to continue supporting CS&C and other offices within CS&C in their mission to support the activities/events listed above as deliverables.

In addition to the above extending the POP is necessary to prevent a gap in service during the time it will take to award a new, competitive task order. The current task order expires on January 31, 2014 as stated earlier herein. The new Critical Infrastructure Protection, Industry Engagement and

Resilience (CIP IER) task order is expected to be awarded during the 2nd quarter of 2014, which will be the follow-on contract support to HSHQDC-11-J-00502.

The aforementioned extension will allow BAH to continue to provide key support functions to the

CS&C (and offices within CS&C), SECIR/GIPM Program in its mission to execute EOs 13618, 12382, 13636 and Presidential Policy Directive (PPD) 21. The current contractor supports the execution of the aforementioned EOs by providing support services in the development and coordination/engagement of a list of critical infrastructure that are the most at risk from a cyber-incident. In support of the annual requirement to provide a list of critical cyber infrastructure, the contractor must also provide key support to ensure strategic improvements for the security of the

Nation's vast and interdependent critical cyber infrastructure. Removing BAH in the middle of a task that is still in progress with the level of knowledge that only this contractor possesses would cause a severe lapse in tasks and deliverables that are required by the White House. The contractor also provides scientific engineering and technical analysis effort in support of CS&C, SECIR/GIPM

Program mission to ensure the provisioning and restoration of adequate NS/EP telecommunication support for the Federal Government. Lastly, the contractor provides support services through all onsite meeting management activities as it relates to the President’s NSTAC and Subgroup support.

A disruption of the CS&C, SECIR GIPM Program suppor t would be detrimental and cost prohibitive as described below:

The award of this support contract to a new contractor for such a short duration would involve disruptive transition efforts, lengthy personnel security clearance processing, and a need to brief and indoctrinate new contractor personnel. The time and expense associated with such a transition would be cost prohibitive to the program. Additionally, failure of the CS&C, SECIR/GIPM Program to perform the above mentioned duties will result in the inability to coordinate ongoing initiatives between the 16 critical infrastructure sectors and continuously meet all White House requirements.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE.

The Contracting Officer has determined that issuing the proposed modification to extend the

POP fo r task order HSHQDC-11-J-00502 to continue this effort represents the best value and will result in the lowest overall cost to meet the Government's needs. SETA IDIQ labor rates have already been determined to be fair and reasonable and the additional work under this no cost extension will be at the rates set forth under option period 1. Additionally, prior to extending the task order, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered in order to determine that the total cost is reasonable.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

There are no other facts supporting this justification.

7. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION TO

FAIR .OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION SERVICES IS

MADE.

The proposed extension will allow OPO to conduct a competitive procurement. It is anticipated that the competitive task order will be awarded during the 2nd quarter of 2014 as stated earlier herein.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).

9. TECHNICAL OR REQUIREMENTS PERSONNEL CONCURRENCE.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the

Government's minimum needs and that the support data, which form a basis for the justification , are created complete.

Contracting Officer Representative (COR) Date

10. CONTRACTING OFFICER’S CERTIFICATION.

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist.

Contracting Officer Date