Justification.pdf

CUI//SP-PROCURE//DL ONLY

1a. Justification for Other Than Full and Open Competition

Dissemination List: Individuals identified as a preparer, concurrence, reviewer or approver IAW Contracting Approval Matrix

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I. AGENCY & CONTRACTING DIVISION

Federal Retirement Thrift Investment Board/OED/Contracting Division 77 K Street N.E., Suite 1000 Washington, D.C. 20002

II.DESCRIPTION OF THE PRODUCTS/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

To effectively respond to and guard against physical and cyber security attacks, FRTIB seeks access to information on cyber and physical threats involving the global financial service industry. FRTIB requires a provider with anonymous information sharing capability across the entire financial services industry, with the ability to verify and analyze threats and recommend solutions.

The Financial Services Information Sharing and Analysis Center (FS-ISAC) is a global financial industry's resource for cyber and physical threat intelligence analysis and sharing. FS-ISAC was created by the financial services sector in response to a 1998 Presidential Directive and updated by a 2003 Homeland Security Presidential Directive. FS-ISAC’s services include analysis and recommended solutions from leading industry experts. FS-ISAC also provides an anonymous information sharing capability across the entire financial services industry. Upon receiving a submission, industry experts verify and analyze the threat and identify any recommended solutions before alerting FS-ISAC members. This assures that member firms receive the latest tried- and-true procedures and best practices for guarding against known and emerging security threats.

Membership with FS-ISAC will allow the Agency’s IT security personnel to gain access to critical security threat information, access to this information will also allow OTS to respond more quickly and to guard against physical and cyber security attacks. The cost of a FS-ISAC membership is $31,000 with a performance period of 12/15/2021 to 12/14/2022. There are no other organizations that provide this type of critical information.

III. AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION

Check all that are applicable.

a. Only one responsible source (e.g. – vendor):

Only one responsible source and no other products or services will satisfy FRTIB requirements:

FS-ISAC is the only industry forum for collaboration on critical security threats facing the global financial services sector. FS-ISAC is the only information and sharing center that supports the financial sector. FS-ISAC provides information needed to protect FRTIB financial systems from cyber-attacks and vulnerabilities.

b. Proprietary Software and/or related services:

Proprietary software and/or related services. (Same authority as above). Limited explanations are needed for these types of products and/or services. Provide a brief explanation based on the below instructions: not applicable.

Dissemination List: Individuals identified as a preparer, concurrence, reviewer or approver IAW Contracting Approval Matrix

c. Unusual and compelling urgency:

Unusual and compelling urgency (delay in award of a contract would result in serious injury, financial or other, to the FRTIB; not to be used for failure to plan). Provide an explanation based on the below instructions: not applicable.

IV. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL OFFERORS AS DEEMED

PRACTICABLE

The 1998 US Presidential Decision Directive 63 (PDD 63) ensures that FS-ISAC, as a member of the information sharing and analysis centers (ISACs), is the only provider of subscription or membership based industry consortium on reducing financial risk in the global financial system. FS-ISAC is the result of approximately a dozen major financial services firms and industry utilities coming together to respond to PDD 63. This directive is still active and the sole source documentation from FS-ISAC is a part of the contract file.

V. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE AGENCY WILL BE FAIR AND REASONABLE

By analyzing the vendors’ proposed prices, inclusive of any offered discounts, and comparing the submissions against prices previously paid for these memberships, the Contracting Officer will confirm that the proposed prices are fair and reasonable prior to acceptance. The Contracting Officer is unable to conduct a detailed price analysis to compare the prices of other companies as FS-ISAC is the only company capable of providing such specific needs for FRTIB.

VI. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS, OR

A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

FRTIB conducted market research to find other vendors that offer similar capabilities that will meet the agency’s needs. An internet search via Google.com, Thomas Register, MarketResearch.com, and GSA Advantage produced no results of any other FS-ISAC Gold Membership distributors.

A government-wide past performance history was also researched. USAspending.gov shows that memberships have also been awarded to FS-ISAC by three other agencies since 2012. Primarily by the Securities and Exchange Commission. The Departmental Offices of the U.S. Treasury have purchased memberships for their Office of Financial Institutions, Office of Critical Infrastructure Protection & Compliance Policy, and Office of Operations. The Comptroller of the Currency also has made awards for Midsize Commercial Bank Supervision, and their Office of Management/Chief Financial Officer.

All fifteen awards for FS-ISAC memberships have been sole-sourced, as non-competitive actions.

This evidence validates FS-ISAC/Office of General Counsel’s 12/3/2020 statement that no other party is authorized to distribute memberships on FS-ISAC’s behalf.

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Purchase Order # Total

Amount Award Date

Period of Performance

Other Agencies Description

2032H321P00036 $27,445.00 9/17/2021 9/27/2021 to 9/26/22, through 2024.

Departmental Offices of the U.S. Treasury

Tier 2 membership with financial services information sharing and analysis center for the Office of Financial Institutions/Office of Critical Infrastructure Protection and Compliance Policy (OCCIP).

TDO15F044 $99,800.00 4/8/2015 4/9/2015 to 4/8/19 FS-ISAC gold annual renewal to include 50 user access credentials and all membership benefits for the Office of Privacy and Transparency.

2032H319P00024 $54,890.00 4/8/2019 4/9/2019 to 4/9/21, through 2023.

Financial services information sharing and analysis center gold membership subscription services for the Operations.

TCC13HQP0140 $24,950.00 8/12/2013 8/12/2013 to 8/11/14. Treasury Dept./ Office of the Comptroller of the Currency

FS-ISAC gold membership for the Chief National Bank Examiner.

2031JW20P00055 $54,890.00 9/8/2020 8/12/2020 to 8/11/22 Renewal of FS-ISAC gold level membership for the Midsize Commercial Bank Supervision.

TCC14HQP0147 $124,750.00 8/4/2014 8/12/2014 to 8/11/19 FS-ISAC gold membership for the Office of Management/CFO.

50310220P0047 $11,000.00 8/27/2020 9/18/2020 to 12/10/21

Securities and Exchange Commission

(SEC)

FS-ISAC annual premier membership renewal funding security, SS, FS-ISAC intelligence feed.

50310220P0019 $11,000.00 3/9/2020 3/18/2020 to 9/17/20 FS-ISAC annual premier membership funding security, SS, FS-ISAC intelligence feed.

50310218P0063 $10,000.00 8/16/2018 9/18/2018 to 9/17/19 Renew FS-ISAC annual premier subscription OIT security SS FS-ISAC intelligence feed.

SECHQ117P0044 $10,000.00 6/8/2017 9/18/2017 to 9/17/18 Renewal of financial services information sharing assurance center subscription.

SECHQ116P0084 $10,000.00 8/19/2016 9/18/2016 to 9/17/17 Renewal of financial services information sharing assurance center subscription.

SECHQ115P0135 $10,000.00 8/31/2015 9/18/2015 to 9/17/16 Renew financial services - information sharing and analysis center premier FS-ISAC subscription.

SECHQ114P0193 $10,000.00 8/26/2014 9/18/2014 to 9/17/15 Financial services - information sharing and analysis center subscription renewal for 25 participants.

SECHQ113P0147 $10,000.00 9/3/2013 9/3/2013 to 9/17/14 FS-ISAC premier membership service.

SECHQ112P8086 $8,387.46 9/17/2012 9/17/2012 to 9/17/13 Information sharing and analysis center subcription services.

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VII. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

At this time, there are no other facts that support the use of other than full and open competition.

VIII. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

PROCUREMENT

No other vendors have expressed an interest in this requirement.

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

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE

MAKING SUBSEQUENT PROCUREMENTS FOR THE REQUIRED PRODUCTS

AND SERVICES

OTS will continue to evaluate FS-ISAC alternatives and determine if other solutions become available that could possibly be competed in the future.