REDACTED FOE.pdf

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"'#' JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Sy!ilems C•n/or

ATLANTIC

IN ACCORDANCE WITH THE FOLLOWING JUSTIFICATION, AS Contracting Officer, SPA WARSYSCEN Atlantic, , I HEREBY

APPROVE THE EXCEPTION TO FAIR OPPORTUNITY (FOE) PURSUANT TO FAR 16.505(b)(2)(i) (B) Only One Source

CONTRACT NUMBER(S)

. I CRM RESERVATION# I TASK ORDER (TO) NUMBER(S) I ESTIMATED DOLLAR VALUE

N65236-l2-D-4824 CRM-19-00240 TBD $40,000.00

1. AGENCY AND CONTRACTING ACTIVITY. Department of the Navy, Space and Naval Warfare Systems Center (SPAWARSYSCEN) Atlantic.

2. NATURE/DESCRIPTION OF ACTION(S).

This is a fair opportunity exception (FOE) to place a nonRcompetitive task order for 4 months to BAE under a multiple award contract. This FOE will support a similar effmi under contract N65236-l 3-D-4895, task order N65236 l 8F3070 for the Cyber Security Support at NAS Jacksonville, Bldg. .

3. DESCRIPTION OF SUPPLIES/SERVICES.

Under this FOE, contractor shall maintain DoD Assured Compliance Assessment Solution (ACAS) Scanner IAW Navy Security Control Accessor (SCA) Risk Management Framework (RMF) Assessment & Authorization (A&A) Testing Guidance v l .x. for the existing NAS JAX Electronic Sensor System at contractor's facility/lab in Charleston, SC. Contractor tasking \Vill consist of continuing ACAS scans ( ). The Contractor shall develop, maintain, and execute a remediation/mitigation plan for each vulnerability identified and apply patches or configuration changes to the system. Contractor shall review policy and procedural changes to the Navy SCA RMF A&A Testing Guidance and provide updates to the A&A Plan on a weekly basis (A024). This effort \Vill support system ATO validation until ESS installation is complete at subject facility (Bldg. ) and site maintenance team has been engaged to support.

4. IDENTIFICATION OF EXCEPTION TO FAIR OPPORTUNITY.

0 (a) The agency's need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

[Z] (b) Only one awardee is capable of providing the supplies or services at the level of quality required because the supplies or services ordered are unique or highly specialized.

O {c) The order must be issued on a sole-source basis in the interest of economy and efficiency, because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

0 (d) It is necessary to place an order to satisfy a minimum guarantee.

JUSTIFICATION:

This FOE will continue the ACAS scan tasking under original contract N65236-13-D-4895, task order N6523618F3070 for the LENEL Electronic Senor System (ESS) for United States Transpmtation Command (USTRANSCOM) building . The original task order awarded to BAE has been impacted by various NA VF AC delays and procedure changes causing schedule impacts to existing POA&M. Existing ESS system (which is physically located at BAE's lab) has completed Step 3 in the Risk Management Framework (RMF) process and is waiting final validation from NA VF AC to be performed at contractor's facility Jab in Charleston, SC. Failure to maintain scans and patches will delay final validation and completion of the command RMF process.

The connection with the original task order is logical in that the tasks described within this new FOE are necessa1y in order to successfully complete the intent of the original task order (Continued scanning of the system to maintain accreditation/validation and ultimately the installation of the LENEL ESS system on site). Exempting this award from competition is necessary because the incumbent contractor (BAE) has the LENEL ESS system physically located at their facility and the required equipment is located at their lab along with the personnel available to complete the work without an interruption to the validation and installation schedule.

5. DETERMINATION OF FAIR AND REASONABLE COST.

The proposals will be analyzed in accordance with FAR 15.404. It is anticipated that the government will use various cost/price

SPAWARSYSCENLANT 4200/10 (Rev. 02116) Adobe L1veCycle Designer ES4 v11.0

FAIR OPPORTUNITY EXCEPTION

CONTRACT NUMBER(S) ICRM RESERVATION# ITASK ORDER (TO) NUMBER(S) I ESTIMATED DOLLAR VALUE

N65236-12-D-4824 CRM-19-00240 TBD $40,000.00

analysis techniques, including but not limited to: (1) comparison of proposed prices to historical prices paid; (2) comparison of proposed prices with independent government cost estimate amounts; and (3) comparison of proposed prices obtained through market research for the same or similar items) such that the anticipated cost to the government 'vill be fair and reasonable.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

The original contract under 'vhich these services were procured has expired. This action is required to continue RMF related scans and updates through the IA approval process for a system that is currently hosted in BAE's lab. This order must be awarded to BAE in the interest of economy and efficiency. An additional installation task order is anticipated as a follow-on to this RMF support task order to complete the project once all RMF and FRCB approvals have been received.

7. ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS THAT LEAD TO THE EXCEPTION TO FAIR OPPORTUNITY.

In this specific case the cu.1Tent contractor must continue the work to complete the final validation and completion of the co1nmand RMF process for the LENEL ESS system. I-Iowever, SPAW ARSYSCEN Atlantic is continuously reviewing data on the industry and commercial products that provides similar products/services. Should other acceptable sources become known that meet the Government's unique needs, appropriate action to ensure full and open competition will be taken. The solicitation that was used to award the base contract was publicized on FedBizOpps and awarded on a competitive basis. Other than the situation described herein, future orders under the multiple award contract will be competitive to the maximum extent possible.

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for the justification, are complete and accurate.

IPT LEAD (Last, First, Ml) IPT LEAD SIGNATURE

NOTE: If FOE is for services, COR must acknowledge by signing this document.

COR NAME (Last, First, MQ

COMPETENCY TIER 3/4 NAME (Last, First, MQ

COR SIGNATURE

COMPETENCY TIER 3/4 SIGNATURE

For service or material procurements> $700K, Competency Tier 2 signature is required.

COMPETENCY TIER 2 NAME (Last, First, MO COMPETENCY TIER 2 SIGNATURE

CONTRACTS REVIEW

CONTRACT SPECIALIST NAME (Last, First, MO CONTRACT SPECIALIST SIGNATURE

CONTRACTING OFFICER:

! certify that this justification is accurate and complete to the best of my knowledge and belief.

~!Approval I Ci Disapproval (Requirement is :5.$7001<)

CONTRACTING OFFICER NAME (Last, First, MQ

Luna, Jacqueline M.

ACTIVITY COMPETITION ADVOCATE (SSC Atlantic 2.012.0A)

0 Approval I Ci Disapproval (Requirement is ::;.$13.5M)

CONTRACTS TIER I or DEPUTY NAME (Last, First, MO

SPAWARSYSCENLANT 4200/10 (Rev. 02/16)

() Review Only (Requirement is >$7001<)

CONTRACTING OFFICER SIGNATURE

~UNA.JACQUELINE.M.122985951 "~"""''=:=""'""·~~~~·-·"'

0 Review Only (Requirement is >$13.SM)

CONTRACTS TIER I or DEPUTY SIGNATURE

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FAIR OPPORTUNITY EXCEPTION

CONTRACT NUMBER(S) I CRM RESERVATION# I TASK ORDER (TO) NUMBER(S) I ESTIMATED DOLLAR VALUE

N65236-12-D-4824 CRM-19-00240 TBD $40,000.00

2.0 DIRECTOR OF CONTRACTS

('1 Approval I (':,Disapproval (Requirement is ~$93M) ('\ Review Only (Requirement is >$93M)

2.0 DIRECTOR OF CONTRACTS NAME (Last, First, Mn 2.0 DIRECTOR OF CONTRACTS SIGNATURE

NAVY SENIOR PROCUREMENT EXECUTIVE

('·,Approval I ('_1 Disapproval (Requirement is >$93M)

NAVY SENIOR PROCUREMENT EXECUTIVE NAME (Last, First, Mn NAVY SENIOR PROCUREMENT EXECUTIVE SIGNATURE

SPAWARSYSCENLANT 4200/10 (Rev. 02/16) Page 3 of3