SOLE_SOURCE_JUSTIFICATION_VPTE.pdf

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 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 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Marine Corps Tactical Systems Support Activity (MCTSSA) Cyber Team requires Virtual Penetration Testing Environment (VPTE) in which to practice Cyber Penetration Testing. The environment is needed to introduce new employees to the basic techniques and to further develop experienced members in advance techniques. The use of said environment will ensure the development and proficiency of the team’s cyber skills and abilities. VPTE is hosted and provided by Offensive Security through its authorized reseller, BruteForce LLC. This subscription is for a base period of twelve (12) months with two 12 month option years, commencing at time of award.

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

IS BASED ON THE FOLLOWING (select all that apply):

A. X 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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

2. X 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.

This acquisition is restricted to the following source:

Manufacturer/Service Provider: Offensive Security Manufacturer/Service Provider Reseller Point of Contact:

Brad Palm, (612) 399-6460 or brad@bruteforce.io Manufacturer/Service Provider Address:

4007 Goose Creek Road, Bozeman, MT 59715

a. The Cyber Team requires a persistent penetration test training capability to train and sustain perishable cyber skill sets. The capability shall be sufficiently challenging ranging from basic exploitation challenges to more advanced skill sets, robust with multiple operating systems, network devices, and realistic in nature simulating an enterprise information technology environment. The capability shall have an administrative control capability that shall be used to track progress of students, revert all lab machines to a configuration managed state, gives access to solutions, and customize the environment exposed to team members of different levels.

Furthermore, vendor support is necessary to ensure continuity of service.

b. Other vendors, such as Virtual Hacking Labs (VHL) () and PentesterLab PRO (PLP)( were examined to determine their capability to fulfill the needs of the team. VHL does not provide a dedicated lab space, support, a customizable experience, nor an administrative control capability.

PLP does not provide a realistic or robust environment, a sufficiently challenging environment, an administrative capability, nor a customizable experience. Other, no-charge labs such as HackTheBox, Hacking-Lab, and OWASP Hacking Labs were examined and discounted based on similar issues previously mentioned.

3. X OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

a. A Notice of Intent to award a sole-source was posted in the Federal Business Opportunities (FBO) website under Request for Quotation (RFQ) M68909-19-Q-7617.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

C. ___UNUSUAL AND COMPELLING URGENCY. 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. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

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

Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.