Justification for Other than Full and Open Competition -redacted.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 ACQUISITION UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR Subsection 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR Subsection 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The Naval Audit Service (NAVAUDSVC) must acquire Federal Information Technology Security Professional Training (Auditor) for 35 employees.

The 5-day Federal Information Technology Security Institute (FITSI) auditor training will present all federal IT security requirements necessary to successfully audit the management, operations, and security controls for Department of the Navy systems. Specifically, the training will cover all National Institute of Standards and Technology (NIST) Standards in 18 information Technology security areas such as Configuration Management, Contingency Planning, Access Control, and Incident Response. The class will also provide training on securing Operation Technology and will cover areas such as operational technology program development, risk management for operational technology systems, and applying the Cybersecurity Risk Management Framework to operational technology.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply): N/A

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ____ OTHER.

B. __X_ BRAND NAME

1. Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

The Federal Information Technology Security Institute, as the Administrator of the FITSI certification process has the most accurate, current complete, base of knowledge of this area. Furthermore, FITSI certification is the only training that is authorized to fulfill Cyber Security and Information Technology (CIT) Audit Directorate’s FY2023 Annual Audit Plan.

C. ___URGENT AND COMPELLING. The supplies or services are of such 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. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Timeline from date on which the requirement was first identified to present:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. Explain why a limited competition cannot be done.

IV. MISSION IMPACT.

The Federal Information Technology Security Institute (FITSI), maintains the most accurate, complete, base of knowledge regarding Federal information technology and cybersecurity standards. The Naval Audit Service Cybersecurity and Information Technology (CIT) Directorate is responsible for auditing this very dynamic, technical area within the Department of the Navy (DON). Given our mission, it is imperative that the CIT staff understand and correctly apply appropriate Federal IT standards while conducting our audit work. Without a good understanding of Federal IT standards, our audit finding and recommendations may not accurately address this critical DON risk area.

V. CERTIFICATIONS: