GIPM_JEFO_No__048-14___22514_Signed_Clean_Copy_OGC_approved_v7_(2).pdf

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

JEFO No.: 048-14

Date: February 25, 2014 PR Number: RNCC-14-60020

1. AGENCY AND CONTRACTING A C T I V I T Y.

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 for a base period of one (1) month and two (2) option periods of one (1) month each from February 27, 2014 through May 28, 2014 in accordance with Federal Acquisition Regulation (FAR)

16.505(b)(2)(i)(B). 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 (EO), and thus, the contractor provides support to the

Government in order to fulfill the requirements within the EOs (EO 12382, President's

National Telecommunications Advisory Committee; EO 13618, Assignment of National

Security and Emergency Preparedness Communications Functions; and EO 13636, Improving Critical Infrastructure Cybersecurity) and Presidential Policy Directive (PPD)

21. 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)

T h i s 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 $645,000.00 and is the amount needed to fund this task order through May 28, 2014. B a s e d o n t h e current program estimate, having the contractor continue to perform the above mentioned duties through May 28, 2014 will be in the best interest of the Government.

4. IDENTIFICATION OF THE JUSTIFICATION OF THE EXCEPTION TO

FAIR OPPORTUNITY.

The extension must be issued in accordance with FAR 16.505(b)(2)(i)(B) on a sole source basis as only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

The GIPM program and project management support for events has deliverables which are still pending completion after the period of performance expires on February 26, 2014. The deliverables are as follows:

The 2014 ExCom Work Plan to be delivered to the White House Issue Paper on Communications S e c t o r ’ 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.

The period of performance for this task order was previously extended by three months; that extension was necessary for continued support of the program and was justified as a logical follow-on to the original order. Because of that extension, deliverables that would have been completed under a new contract with a full period of performance must instead be completed during this task order. The deadlines for these deliverables are set by the White House or influenced by other government/industry stakeholders and are outside the control of DHS.

DHS must extend this task order to allow for the completion of those deliverables and the essential support to the White House discussed later in this section. The contractor has substantially completed these deliverables (to the point of delivering initial drafts) and the deliverables are expected to be accepted by DHS within the period of time for which this task order will be extended. Those deliverables, a 2014 ExCom Work Plan and an Issue Paper are included in paragraph 8 of this section. The initial Work Plan, with updates, is scheduled for delivery within the 3 rd

Quarter of FY 2014 and the issue paper is due to be presented to the

Communications Sector in the 3 rd

Quarter of this year.

It is also necessary to extend this task order to merge these requirements with other expiring task orders. DHS has chosen, for the purposes of efficiency and cost-saving, to merge multiple requirements into a single vehicle going forward. An extension is necessary to allow this task order’s period of performance expiration to match with the other task order(s) expiration. Both this task order and another task order will be merged into a competitive award, currently scheduled to be made on March 28, 2014. The duration of this extension has been limited to the shortest amount of time necessary for that competitive award, with reasonable advance planning for potential delays.

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

February 26, 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. BAH currently 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 support would be detrimental and cost prohibitive as described below:

(1) 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;

(2) The time and expense associated with such a transition would be cost prohibitive to the program;

(3) 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;

(4) Given the award of the expected follow-on contract to this effort, we anticipate a mission-conducive transition would require as much as 30 days from the date of the new contract award for the support contractor to on-board its staff

(suitability), transition all technical functions, and conduct a proper hand-off of ongoing activities for a seamless continuation of the mission area functions.

(5) The Program Office will not be able to fulfill the various missions and

Executive Orders mentioned earlier herein;

(6) The Program Office will not be able to fulfill the President’s National

Security Telecommunications Advisory Committee’s (NSTAC) objectives and recommendations;

7) The Program Office will not be able to carry out the mission critical activities required, resulting in seemingly unrecoverable credibility issues with the various stakeholders, notably, the White House and telecommunications industry leaders.

The loss of credibility will bring into serious question CS&C mission capability and, more importantly, could also bring into question, EO goals and objectives, and;

(8) The Program Office will not be able to complete planned deliverables that, if not completed, will result in delays that will adversely impact:

a) The Department’s obligation to provide the White House a timely Work Plan which will outline the Department’s approach to providing the President information and advice regarding the telecommunications industry’s perspective of the implementation of necessary telecommunications safeguards and policy that will support the sustainment of a critical infrastructure.

b) The Department’s ability to communicate challenges and strategies that are intended to mitigate GPS disruptions to the communications infrastructure.

c) Preparations for these deliverables are ongoing and a work disruption will jeopardize mission accomplishment.

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 t h e

P O P f o 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 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