JNA for NIKSUN - redacted.pdf

DEFENSE THREAT REDUCTION AGENCY

8725 JOHN J. KINGMAN ROAD, STOP 6201

FORT BELVOIR, VA 22060-6201

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

1. Nature and/or Description of Action

The Defense Threat Reduction Agency (DTRA) contracting activity proposes to procure, without using full and open competition, software applications and licensed storage capacity from NIKSUN, Inc. (NIKSUN) in order to support DTRA’s cyber assessments. DTRA intends to award a sole source contract to NIKSUN for the expanded storage capacity pursuant to FAR Part 12 and SubPart 13.5.

2. Description of the Supplies/Services Required

The intent of this procurement is to expand current capacity on DTRA’s cyber assessment tools and allow greater functionality; specifically, with the additional licenses to use the NIKSUN security appliance and management card, DTRA will have greater capacity to physically segregate data. This requirement is estimated at across a five (5) year period, inclusive of options.

3. Statutory Authority

The statutory authority for this non-competitive action is pursuant to Chapter 41, Section 1901(e)

(2) of the United States Code and the Federal Acquisition Regulation (FAR) 13.501, which provide that the Contracting Officer may award on a sole source basis only if the “the need to do so is justified in writing and approved.”

4. Applicability of Authority

DTRA requires additional Niksun software applications and licensed storage capacity in order to upgrade its cyber tool support for DoD stakeholders. Other DoD agencies have requested support from DTRA that requires it to physically diversify the data, but DTRA’s current capacity is insufficient to meet these requests. The current DTRA cyber assessment tools include NIKSUN network forensic applications, and any additional application and storage capacity must be interoperable with the NIKSUN network forensic software currently being used. If DTRA were to use another brand of software application and storage, DTRA would need to field-test the alternate components to ensure that the cyber assessment tools function appropriately and that the alternate components are interoperable with the DTRA cyber assessment tools.

In addition, DoD CIO would need to approve the use of each individual new component, and the DTRA cyber assessment tool would require a DoD re-authorization for use. The testing and approval process for alternate components would require a considerable amount of time, potentially several months to a year. A delay of this magnitude would render NE-MA’s ability to perform cyber assessments for its external stakeholders impotent; DTRA would not be able to provide the support to the interagency.

5. Effort to Solicit Potential Sources

DTRA searched for other software capable to assist with forensic network capture and analysis.

The software available ranged considerably, and each have very specific functionality and are used for different options. However, DTRA was not able to find a software package that has the ability to capture data, detect anomalies, and provide the ability for analysis and forensics.

A notice of intent to award a sole sourced contract will be posted on the Government’s Point of Entry in accordance with FAR SubPart 5.2.

6. Fair and Reasonable Costs

The anticipated cost/price of this contract action to the Government will be determined to be fair and reasonable based on a comparison of proposed prices to previous prices and based on negotiations.

7. Other Facts

As suggested in Section 4 above, the DTRA team continues to survey advances in cyber tools and commercial capabilities. The DTRA team engages in industry conversations continuously and considers alternative solutions. The availability of capabilities is also balanced with known constraints. This is still a relatively new field with new capabilities being developed constantly.

Each component must be tested before the DTRA team can fully understand the capability because not all products function the same way and more importantly, not all products work with other hardware and software components the same way.

8. Subsequent Actions

DTRA will continuously monitor new developments in this field. Should DTRA require an upgrade at any point, DTRA will endeavor to maximize competition.

9. Interested Sources

None known at this time.

FEIGE.TAMMY.MDigitally signed by

FEIGE.TAMMY.MOY

OY. ate: 2020.08.20 12:42:05 04'00'

Technical Certification

I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

Program Manager

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

Contracting Officer

General Counsel Coordination

This justification is legally sufficient.

Associate General Counsel

Approval

Based on the above justification, I hereby approve accomplishment of this acquisition by means of other than using full and open competition.

THOMPSON.BRANDO THOMPSON.BRANDON.LERON.12

N.LERON.

Digitally signed by

Date: 2020.08.18 12:14:24 04'00'

Competition Advocate

//SIGNED//

//SIGNED//