Justification for Other Than Full and Open Competition FAR Part 6_ NTT Bridge_604.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

November 2022 1

Identification Number (purchase request/solicitation number): TC-2025-0604

1. Identification of the agency and contracting activity.

A. Agency: Drug Enforcement Administration (DEA)

B. Contracting activity: Office of Acquisition (FA)

C. Requiring activity: Contract for Information Technology & Support Services (IT&SS), 9 month period of performance (3-Month Base period and 2 3-Month option years)

2. Nature and/or description of the action being approved. NTT bridge contract for continuity of operations for task order, 15DDHQ23F00000604.

3. A description of the supplies or services required to meet the agency’s needs, including the estimated value.

The DEA and other DOJ entities require a wide range of Information Technology (IT) and support services to include, but not limited to, software and systems development facility operation and maintenance, systems analysis, systems design and integration, programming, telecommunications management analysis, business process re-engineering (BPR) support, information security, cybersecurity, network management, database administration, information management, document analysis, program analysis, project management support, financial analysis, financial management system support, help desk, data preparation, training, information sharing, intelligence analysis, special studies and related services, and other IT function not elsewhere classified. This bridge contract support will also include services to support daily business operation in an office environment. The services required under this bridge contract include the development, operations, and maintenance of the DEA cybersecurity program responsive to requirements for information assurance, cybersecurity, vulnerability and compliance management, penetration testing, network forensics, account management, user activity monitoring (UAM), security engineering and testing, DevSecOps integration, IT security policy and external communications.

Period of performance or Total estimated value: $9,158,279 final delivery date: 12/6/2024 – 09/5/2025

4. An identification of the statutory authority permitting other than full and open competition.

Check the appropriate box. Only one box may be checked.

41 U.S.C. 3304(a)(1) and FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements”

41 U.S.C. 3304(a)(2) and FAR 6.302-2

“Unusual and compelling urgency”

41 U.S.C. 3304(a)(3) and FAR 6.302-3 “Industrial mobilization; engineering, developmental, or research capability; or expert services”

41 U.S.C. 3304(a)(4) and FAR 6.302-4

“International agreement” http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_2 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_4

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41 U.S.C. 3304(a)(5) and FAR 6.302-5 “Authorized or required by statute”

41 U.S.C. 3304(a)(6) and FAR 6.302-6

“National security”

41 U.S.C. 3304(a)(7) and FAR 6.302-7 “Public interest”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

NTT, the incumbent, is uniquely qualified for this bridge contract due to their proprietary knowledge of DEA’s existing systems and their extensive experience in providing critical services to DEA throughout the current contract period of performance. NTT’s deep understanding of DEA’s information technology infrastructure and operational needs allow them to offer solutions that no other vendor can match in terms of both speed and quality without the risk of total loss of services to the DEA enterprise. The nature of this acquisition requires seamless continuity of services, and onboarding a new contractor would introduce significant delays and risks to mission critical operations. Delays of this nature would result in a complete failure for DEA to meet its law enforcement responsibilities as defined in the Title 21 of the United States Code, Controlled Substance Act and other applicable laws. DEA’s information technology infrastructure directly supports DEA’s ability to monitor, locate, pursue, track, and manage DEA’s law enforcement activities and business functions supporting DEA’s operational actions. The transfer of services to a new vendor in the abbreviated timeframe required would cause a significant disruption to DEA’s ability to execute its mission impacting all functions. DEA does not have the manpower, resources, or expertise to execute the required services in the timeframe leading up to the execution of the follow-on contract(s). As such, NTT is the only responsible source that can meet our immediate and ongoing requirements, justifying the use of the cited authority.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

This notice was not publicized as this procurement falls under the exception provided by FAR 5.202(a)(1) which exempts solicitations from public advertisement when only one responsible source can meet the agency’s requirements. This action will be executed as a bridge contract with incumbent vendor, NTT, to prevent any lapse in critical services. Retaining NTT as the provider ensures continuity and allows DEA to avoid the performance delays and financial impacts associated with onboarding a new vendor. NTT is the only vendor acquainted with DEA’s specific needs to support a continuity of services in the abbreviated time frame to ensure DEA’s mission is execuable.

NTT has consistency performed satisfactorily.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer conducted a comprehensive cost analysis by comparing the contractors proposed pricing with historical data, Independent government cost estimate (IGCE), and current http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_7 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

November 2022 3 market conditions. The analysis includes an evaluation of labor rates which were found to be within industry standards. A more accurate price for the required services will be provided once the RFQ is posted and the vendor, NTT, replies back with their most current and up to date market rates. RFQ rates will be assessed against the FY24 rates previously proposed and awarded for the same services executed under the current contract to determine the contract price to be fair and reasonable prior to award of the bridge contract.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research is not required for this new initiative because the requirement is a Bridge contract.

All requirements will remain the same including the existing contractor who we have an existing BPA and Call orders with. The contract will be conducted as a bridge contract in accordance with the Federal Acquisition Regulation (FAR) Part 6.302-1, which allows for the use of other than full and open competition when only one responsible source is available to fulfil the agencies requirements.

The bridge is established to prevent delays and allow DEA continuous coverage until the requirement can be recompeted under competitive procedures. Based on the justification outlined, the current contractor successfully performing and being the only vendor familiar with the DEA’s requirement, the Government is not be seeking a new contractor to fulfill the bridge requirement.

9. Any other facts supporting the use of other than full and open competition, such as:

i. Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

The statement of work for the subject service requirements are suitable for full and open competition and have been appropriately developed as such. Follow on contracts are currently underway and are in the later stages of the pre-award process. The execution of the follow on actions were delayed due to pre-award challenges from industry. All future follow-on actions will be competed in accordance with FAR Part 6 unless it is determined to be in the best interest of the Government.

ii. When 41 U.S.C. 3304(a)(1) is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

The subject services are non-serverable and do not meet the requirements of 6.302-1(a)(2)(ii) as a contract for the continued development or production of a major system or highly specialized equipment, including major components.

iii. When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

Not Applicable. The Government is citing 6.302-1 as the authority of the subject bridge contract.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

https://www.acquisition.gov/far/part-10 https://www.acquisition.gov/far/part-6#FAR_6_302_1__d394e63 https://www.acquisition.gov/far/part-6#FAR_6_302_2

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Not Applicable. The Government did not receive any written notifications of interest in the subject acquisition.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The Government will be executing a 9 month bridge contract consisting of 1 3-month base period and 2 3-month option periods to bridge performance gaps associated with an active re-competition of the subject services. The Government is utilizing option periods to allow for a reasonable transition from the incumbent to the a (potentially) new contractor following re-competition. The subject bridge contract and associated justification and approval does not introduce any barriers to competition and will not prevent competitive contract execution in the future.

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CERTIFICATIONS

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official ____________________________________ Date _______________

Signature & Title

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Justification for Other than Full and Open Competition, are accurate and complete to the best of my knowledge and belief".”

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact ____________________________________ Date _______________ Signature & Title

“I hereby certify that this Justification for Other than Full and Open Competition is accurate and complete to the best of my knowledge and belief.”

Contract Specialist ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature

“I have reviewed the subject contract action and find it legally sufficient for award.

CC Legal Counsel ____________________________________ Date _______________ (if over $750,000) Signature https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1

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REVIEWS AND APPROVALS

Competition Advocate ____________________________________ Date _______________

Chief, FAC ____________________________________ Date _______________

Bureau Procurement Chief (if over $750,000 ____________________________________ Date _______________ per JAR 2806.304) Signature

Head of the Contracting ____________________________________ Date _______________ Activity (if over $15M) Signature

Senior Procurement Executive (if over $75M) ____________________________________ Date _______________ Signature http://www.ecfr.gov/cgi-bin/text-idx?SID=3fda8408419c81be5c700dc54ca7e51f&node=se48.6.2806_1304&rgn=div8