Justification and Approval P00040 Redacted.pdf

Control No: JA-20-Adel-595 Contractor: ICF, Inc.

Service: Defensive Cyber Operations (DCO)

FOR OFFICIAL USE ONLY (FOUO)

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: Defensive Cyber Operations (DCO) and Supporting Elements in support of the Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance and Reconnaissance (C5ISR) Center, Cyber Security and Information Assurance (CSIA) Division, Sustaining Base Network Assurance Branch (SBNAB).

Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 – Unusual and compelling urgency

Amount:

Prepared by:

Contracting Officer: Fatimata Diallo DSN: 290-5501 Contracting Officer, ACC-APG (CCAP-SCA) Email: fatimata.diallo.civ@mail.mil Date: 9/11/2020

Technical/Requirements:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition

Program Manager:

Legal Counsel:

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity:

U.S. Army Contracting Command Adelphi Contracting Division

CCAP-SCA

2800 Powder Mill Road Adelphi, MD 20783-1138

2. Description of Action:

The Combat Capabilities Development Command (CCDC) Command, Control, Communications, Computer, Cyber, Intelligence, Surveillance and Reconnaissance Center (C5ISR) Center, Cyber Security and Information Assurance (CSIA) Division, Sustaining Base Network Assurance Branch (SBNAB) requests approval to modify cost-plus-fixed-fee contract W911QX-17-C-0018 with ICF, Inc. to bridge contract performance of the Defensive Cyber Operations (DCO) requirements for a period of up to five and one half (5 ½) months due to timely Government Accountability Office (GAO) protests received on the follow-on contract award. After review of the protest submissions, the Contracting Officer for the follow-on effort determined that it is in the Army’s best interest to take corrective action to resolve the protests. The Army notified GAO of its intended corrective action on 17 September 2020, and the protests were subsequently dismissed as academic. This up to five and a half (5 ½) month Period of Performance (PoP) includes a two and one half (2 ½) month base period, and three one (1) month options as follows:

Base: 17 OCT 20 to 31 DEC 20 Option 1: 1 JAN 21 to 31JAN 21 Option 2: 1 FEB 21 to 28 FEB 21 Option 3: 1 MAR 21 to 31 MAR 21

The base and option periods incrementally extend contract performance of the critical DCO effort until corrective action is complete, and also takes into account the potential for a challenge to the agency’s corrective action and defense of any subsequent protests.

Including all option periods, this bridge action would extend the PoP of contract W911QX-17- C-0018 from 17 October 2020 to 31 March 2021. The Government projects this bridge action to be awarded as soon as is feasible, but no later than 16 October 2020. This contract will be funded with fiscal year (FY) 2020 Research, Development, Test and Evaluation (RDT&E) and Operation and Maintenance, Army (OMA) funds. The estimated value of for a 5 ½ period of performance for this modification was derived from an average monthly burn rate estimate of , based on the current actual spending trend for performance of this contract.

3. Description of Supplies/Services:

The DCO effort primarily focuses on improving capabilities to combat sophisticated U.S.

Government cyber adversaries, investigating next-generation U.S. Government cyber adversaries, investigating next-generation network security, exploring and refining existing and prospective sensor capabilities, and cyber defense sending and information fusion capabilities to advance operations, development, and training initiatives within cyberspace security operations. This requirement is for continuation of the DCO, CSSP work contained within contract W911QX-17-C-0018. This effort will sustain ongoing capabilities for a broad range of computational, networking, and security activities required by SBNAB.

4. Authority Cited:

10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 – Unusual and compelling urgency

5. Reason for Authority Cited:

As described at FAR 6.302-2(a)(2), when the agency’s need for the supplies or services is of such an 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, full and open competition need not be provided for.

The proposed bridge action must be accomplished through other than full and open competition because DCO CSSP services currently being performed under contract W911QX-17-C-0018 are critical to further enhance SBNAB's technologies and analytics.

Mission success is defined by SBNAB's CSSP ability to pre-emptively disrupt, degrade, or deny adversaries, both internal and external, unimpeded access to the information and capabilities of the Department of Defense (DoD) Information Network (DoDIN). SBNAB must sustain operations and defenses before, during, and after an attack by reducing the attack surface, continually improving defensive cyberspace operations, and effectively commanding and controlling DCO. Without CSSP services,

a. The DCO requirement was solicited under the General Services Administration Alliant II contract vehicle on with an initial proposal due date of , and subsequently amended to a proposal submission date of . A total of proposals were received and evaluated. On award was made to .

requested timely debriefs as a result of their unsuccessful notification. A debrief from ACC-APG was provided to with a timely question and answer exchange concluding on On , filed a bid protest, , with GAO challenging ACC-APG’s award to A debrief from ACC- APG was provided to with a timely question and answer exchange concluding on . On , also filled a bid protest, , with GAO also challenging ACC-APG’s award to

. Corrective action will not be completed prior to the 16 October 2020 expiration of the current CLIN PoP, which will result in a lapse of service. ICF is the only source capable of executing the mission at this time. No other contractor has the appropriate level of skills and security clearances capable of executing the requirements before the expiration of the current PoP on 16 October 2020.

1. ICF is the incumbent contractor performing contract W911QX-17-C-0018. It is the sole vendor who has the combination of first-hand institutional knowledge and unique capabilities to operate and advance a previously built toolset and framework, in addition to providing support services that further enhance CSSP technologies and analytics. Due to the time proximity of the protests and the end of the current period of performance of W911QX-17-C- 0018, it is impossible to identify any other contractor with the unique knowledge and necessary capabilities to successfully continue performance under the current contract.

Failure to extend the period of performance for ICF to continue operations under W911QX- 17-C-0018, while the Government pursues protest resolution, would result in

The follow-on contract was competitively sourced, W56KGU-20-F-0017; however, due to the corrective action being taken following the GAO protests, a bridge extension from 17 October 2020 to 31 December 2020 is required to continue the performance of the critical CSSP mission. A break in these critical services would result

This impact would cost

In the very near term, the break in service would deleteriously

Furthermore, for the CSSP, the loss of operational data, caused by a gap in service, affected. No other DoD CSSP is immediately postured or possesses the capability to onboard new or emergent customers within the constraints of the DoD initiatives.

b. Alternatives: The Adelphi Division considered the conditions under which contract performance of the follow-on may continue notwithstanding a protest, in accordance with FAR 33.104(c) and AFARS 5133.104 (c). The decision for the next course of action was discussed by the Contracting Officer, Branch Chief, and Division Chief

, and all agreed that a bridge modification is appropriate given the circumstances described in the foregoing discussion outlined in section 5. Table 1 outlines the current milestones necessary for the bridge extension.

Milestone Original

Date Notes

Bridge Extension Base -Bridges gap in service from end of current CLIN ( to allow for time to complete corrective action and allows for gathering of funding to exercise the option CLIN.

Options

-To be exercised if the protestors challenge the agency’s corrective action or a subsequent protest is received. If a subsequent protest is received as a result of the corrective action, it is estimated that an additional 120 days would be needed to account for the time it takes to conclude debriefs and for the 100 day GAO clock.

Table 1. DCO Bridge Modification Milestones

6. Efforts to Obtain Competition:

Effective competition is not anticipated for this bridge effort as the very effort to replace this contract through competitive means is currently under GAO bid protest. As noted above, ICF is currently successfully performing under W911QX-17-C-0018; and is the only contractor with the unique knowledge, skill set, and capability to perform the critical functions of the DCO effort in the absence of a controlled transition period. The subject bridge modification of W911QX-17-C-0018 is required to extend the current performance of ICF while corrective action is taken by Division A to resolve the protest. The proposed contract action will not be published per FAR 5.202(a)(2) as the proposed contract action is being pursued under FAR 6.302-2 – Unusual and compelling urgency and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

7. Actions to Increase Competition:

The Government has created a competitive environment for the follow-on requirement by successfully executing the technical mission identified in the previous J&A, Control No: JA- 20-Adel-071: completing and implementing the Government Off-The-Shelf solutions (GOTS).

This GOTS solution is in use by the SBNAB today as well as utilized by various industry partners. The technical and operational requirements for the DCO mission are also detailed in the PWS for the follow on contract. The follow on contract action will reduce and minimize barriers and the perception of confidentiality in the design and use of SBNAB's GOTS technology. The source code and capabilities of the DCO mission have been made available when authorized. The Government has distributed the GOTS capabilities to several independent DoD organizations within the Department. These organizations have contracted vendors other than the existing prime contractor on W911QX-17-C-0018. Thus the capability and internal design has been successfully accessed by several independent and external vendors. The Government maintains a controlled access repository to maintain confidentiality and integrity of the design of the GOTS, yet accessible when requested and approved to trusted sources to increase the knowledge base of potential offerors beyond the existing prime contractor on W911QX-17-C-0018. External contractors have successfully accessed and operated within the internal GOTS design, indicating that the work is no longer required through a sole source procurement action. The Government has conducted open presentations and demonstrations of the GOTS capability with unrestricted attendance by interested industry partners through working groups and collaborative forums; feedback has been positive that other external contractors would be able to access and operate within the GOTS environment. Due to the urgency of this requirement, no actions to increase competition have been sought.

8. Market Research:

Market Research was not conducted specifically for the 5 1/2 month bridge effort due to the urgency of this requirement. However, Market Research as defined by FAR Part 10 was conducted by the Government personnel such as SBNAB Engineers, and Technical Subject Matter Experts (SMEs) for the follow-on efforts to: (1) identify how the customers supported by this requirement acquired similar services in the past; (2) evaluate Contractors that have previously provided similar services in various locations worldwide;

and (3) Assess the availability of qualified Contractors with the capacity, capability, and depth and breadth of experience to successfully satisfy the scope required by this acquisition.

The current contract encompasses all aspects of the SBNAB mission to include Programs and Plans (PnP), Sustainment, Defensive Cyber Operations (DCO) and security Control Assessor-Validator (SCA-V) work. In an effort to best manage SBNAB's contract work scope and increase competition amongst industry, the team discussed breaking the scope of the current contract into three (3) separate efforts. Each contract was intended to include a specific mission, enabling vendors to propose to the contract effort that best fit their area of expertise. The task of dividing requirements into separate contract actions was a critical and timely step in shifting SBNAB's contract needs into the competitive realm. The three proposed contract actions included:

b. PnP/S

c. DCO

d. SCA-V

Concurrent with dividing the requirements, market research was conducted to confirm sufficient competition existed within Government wide Acquisition Contracts (GWAC) for each of the proposed contract actions. Market research determined two (2) of the contract requirements (DCO and SCA-V) could be merged into one (1), reducing the overall number of contracts from three (3) to two (2). This change and refinement in acquisition strategy supported the shift of SBNAB's contract requirements into the competitive realm, but absorbed time from the overall contract milestones to award. Ultimately, the work put forth within the Acquisition strategy resulted in a significant increase in the competitive sourcing opportunity to include a substantial portion of the work, approximately , as a set aside for small business.

Market research for the follow-on efforts was supported by a Sources Sought Synopsis/ Request for Information (SSS/RFI) document, posted to FedBizOps (www.fbo.gov) under solicitation # W56KGU-19-R-DCO. The RFI was posted on 19 July 2019 and closed on 19 August 2019. A total of 41 vendor responses were received. As the contract vehicle for the DCO effort was still under review at this time, the RFI responses were crossed referenced against the list of GSA Alliant II vendors to determine if this vehicle would have sufficient competition. Of the 41 responses, 11 vendors were within the Alliant II contract vehicle.

Within the pool of 11, 10 were large businesses and 1 small business. Results from the SSA/RFI are summarized in Attachment 1: Sources Sought Synopsis/ Request for Information (SSS/RFI) Results.

During the same timeframe, the draft DCO PWS was sent to GSA for an in-scope review. On

, GSA responded, confirming the DCO requirements were within scope of the GSA Alliant II GWAC. Based on the sufficient number of responses from industry within the GSA Alliant II pool, and in-scope determination from GSA, it was decided to solicit the DCO contract action through GSA Alliant I. To further reinforce this decision and ensure sufficient competition, an RFI was submitted under Alliant II on 28 October 2019 with vendors responding with an intent to bid.

A formal request for information (RFI) capturing the PnP/ Sustainment requirements, was all posted to all RS3 Primes on 24 September 2019. A total of RS3 contract holders responded, with intending to bid. Of the intents to bid, all were Small Businesses.

The RFI responses showed the PnP/Sustainment requirements could successfully be solicited through RS3, and could be supported through a small-business set aside.

Additional techniques utilized for market research involved internet searches and meeting discussions with industry. The following are meetings held with industry to discuss the DCO requirements.

a.

Service: Defensive Cyber Operations (DCO)

FOR OFFICIAL USE ONLY (FOUO)

d.

In summary, market research showed other vendors exist which are capable of performing the DCO mission, given a transitional period concurrent with the existing contract. Based on the result of Market Research, the follow-on contract was competitively sourced.

9. Interested Sources:

Interest from other sources for this requirement was not sought. However, the follow-on requirement was solicited under General Services Administration Alliant II contract vehicle on 08 April 2020 with an initial proposal due date of 08 May 2020, which was subsequently extended to a proposal submission date of 14 May 2020. A total of proposals were received and evaluated. On 04 August award was made to ., the contractors that were not selected were notified.

was not selected and additionally requested a timely debrief as a result of their unsuccessful notification. A debrief from ACC-APG was provided to via e-mail on 06 August 2020 with a timely question and answer exchange concluding on 20 August 2020.

10. Other Facts:

b. Procurement History

Contract Name Contract Number

Contract Type Contracting Ceiling

PoP Competitive Status

ICF

Incorporated, LLC (Large Business)

W911QX-17-

C-0018

Cost Plus Fixed Fee

(CPFF)

6/16/17- 10/15/2020

Sole Source*

ICF

Incorporated, LLC (Large Business)

W911QX-14-

F-0020

CPFF 5/15/14 -

5/14/17

Fair Opportunity

W56KGU-20-

F-0017

CPFF 08/06/20-

08-05-25

Fair Opportunity

*Authority for Sole Source Award: 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1 Table 2. Procurement History

ICF was awarded the current contract, via a sole source award. The J&A approving the sole source action, referenced efforts to increase competition including taking initiatives to transition the ISCM framework towards a DoD standard. The ISCM was a Government-owned capability that was developed by ICF through a research concept estimated to take between eighteen months to two (2) years for DoD approval. This ISCM standard that only ICF has institutional knowledge on, would allow other agencies and industry to receive this framework which will provide tools, tactics and procedures. The dissemination of this framework would greatly reduce and ultimately eliminate the current 12-18 month learning curve down to two (2) months to meet Government-based applications in CSSP analysts and operational skills utilizing the developed GOTS analytics and technology. These tools from the ISCM have become readily available to industry, enabling the technology to transition to a new vendor in a 2-month transition period, ultimately achieving goals set forth in the Sole Source J&A. The DCO requirement was competitively sourced and awarded to , which submitted proposals (Contract award number

W56KGU-20-F-0017). Timely protests were received on 25 August 2020 and 31 August 2020, which necessitated this subject bridge extension modification.

11. Technical Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Title:

12. Requirements Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Title:

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

_X_ Cost analysis __ Price analysis __ Should cost

__ IGE

__ Audit:

__ Other:

As a part of this basis, certified cost or pricing data:

_X_ Will be required.

_ Will not be required and the following exception applies (FAR 15.403):

_ Prices that will be agreed upon are based on adequate price competition.

_ Prices that will be agreed upon are based on prices set by law or regulation.

_ A commercial item is being acquired.

_ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

X Contracting Officer (KO)

DIALLO.FATI

MATA.14038

09434

Digitally signed by

DIALLO.FATIMATA.14

03809434 Date: 2020.10.05 16:51:53 -04'00'

14. Contracting Officer Certification:

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

X Contracting Officer (KO)

DIALLO.FATI

MATA.14038

09434

Digitally signed by

DIALLO.FATIMATA.14

03809434 Date: 2020.10.05 16:52:20 -04'00'

Approval

Based on the foregoing justification, I hereby approve the procurement of Defensive Cyber Operations (DCO) Research and Supporting Elements in support of the Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance and Reconnaissance Center (C5ISR), Cyber Security and Information Assurance (CSIA) Division, Sustaining Base Network Assurance Branch (SBNAB), for an estimate of and for 5.5 months, on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(2) subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: _____________