LSJ_J_A_5mth_HM047618F0242_Final_Red_20240405.pdf

UNCLASSIFIED

LIMITED SOURCES JUST FICATION_8.405-6

5. DETERMINATION BY THE ORDERING ACTIVITY’S CONTRACTING OFFICER THE ORDER REPRESENTS THE BEST

VALUE CONSISTENT WITH FAR 8.404(D) AND FAR 8.405-2(D).

GSA has already determined the prices of supplies and fixed priced services under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the best value alternative (considering technical approach, price, special features, administrative costs, etc.) to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order (see 8.405-4). The total price will be compared to the IGCE and the previous contract prior to execution of the extension.

6. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE RESULTS OR A

STATEMENT WHY MARKET RESEARCH WAS NOT CONDUCTED.

NGA performed extensive market research to develop a comprehensive acquisition strategy for Defender prior to final RFP release. As a result, Defender was competed as a small business set-aside. Generally, other known sources are capable of performing the requirements associated with the CISA contract.

However, there is no source other than Lunarline, Inc that is capable of immediately providing the services required by the agency over the short duration needed until the services are transitioned to the follow-on Defender contract. Therefore, until the follow-on contract can be awarded, it is determined that award to another source will result in unacceptable delays in fulfilling CIO-T’s mission critical requirements.

7. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

An initial Justification and Approval (J&A) was approved on 14 August 2023 for a seven-month extension (broken into a Five-month base (31 August 2023 through 30 January 2024) and one two-month option (31 January 2024 through 30 March 2024).

8. SOURCES SOUGHT EFFORT.

This Limited Sources Justification will be posted to a Government point of entry within 14 days after award for 30 days in efforts to seek additional sources.

The Government publicized its notice of intent to sole source this extension on 21 February 2024, via SAM.gov for seven (7) days. No responses were received after seven (7) days and while it is possible for other companies to provide the required technical services, this could only be achieved by expending considerable resources and time. The incumbent contactor already has the organization and personnel in place to provide these services without any transition required. NGA is currently in a protest period for the competitive follow-on acquisition, Defender, to provide these ongoing cybersecurity services upon Defender award.

9. STATEMENT OF ACTIONS, IF ANY, THE AGENCY WILL TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT

LED TO THIS RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR

SERVICES ARE MADE.

As previously mentioned, NGA released a final Request for Proposal (RFP) to compete a follow-on contract for the cybersecurity services currently provided under CISA on 29 November 2021. Phase 2 proposals were submitted on 6 May 2022, and the most recent RFP amendment was released on 18 November 2022. The contract was awarded on 15 December 2023, but remains under GAO protest.

Accordingly, there is no other action the agency needs to take to remove or overcome barriers to competition.

10. PROGRAMMATIC CERTIFICATION OF FACTS

PROGRAM MANAGER (PM) OR CONTRACTING OFFICER’S REPRESENTATIVE (COR):

Evidence of any supporting data that is the responsibility of technical or requirements personnel, e.g.

verifying the Government’s minimum needs, requirements, or other rationale for limited sources and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

I certify that the facts and representation under my cognizance, which are included in the justification and which form a basis for this justification, are complete and accurate to the best of my knowledge and belief.

PM/COR FIRST-LINE SUPERVISOR:

I hereby certify to the best of my knowledge that the facts and data which are included in this justification are accurate and complete.

11. LEGAL REVIEW

12. COGNIZANT CONTRACTING OFFICER CERTIFICATION

The Contracting Officer, in support of the ordering activity, approves this justification and certifies it is accurate and complete to the best of the CO’s knowledge and belief.

13. APPROVAL

PROCURING ACTIVITY COMPETITION ADVOCATE (OCS DIVISION CHIEFS)

I have reviewed this limited sources justification and find it accurate and complete to the best of my knowledge and belief.

APPROVED: ☒ DISAPPROVED: ☐