B1.6 Exception to Fair Opportunity_Signed_Redacted.pdf

JUSTIFICATION for an EXCEPTION to FAIR OPPORTUNITY for the placement of an order >$1SOK under a Multiple Award Contract (MAC)

Upon the basis of the followingjustification, I, Carlos Triay as Contracting Officer of SPAW ARSYSCEN, Pacific, hereby approve the Justification for an Exception to Fair Opportunity Pursuant to FAR 16.505(b)(2).

JUSTIFICATION

I. Agency and Contracting Activity. Depmtment of the Navy, SPAW ARSYSCEN, Pacific.

2. Nature/Description of Action. This fair opportunity exception is to place an order with Northrop Grumman under multiple award contract number N6600 l- l 8-D-0292. The task/delivery order number is TBD.

3. Description of Supplies/Services. This is a three month task order to provide for continued operational suppmt and activities for the Cyberspace domain of the U.S. Navy (including the United States Marine Corp, Department of Defense, and other Government agencies as required) in suppmt of the Navy Cyber Situational Awareness (NCSA) project.

4. Identification of the Exception to Fair Opportunity.

Identification/Jnstification for Exception: (FAR 16.505 (b )(2)(i)(A))

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays l2J a. The agency need for services is of such urgency that providing fair opportunity would result in unacceptable delays.

SSC Pacific, Code 58250 has been tasked to develop a Navy Cyber Situational Awareness (NCSA) capability based upon existing 5.8 Cyber Situational Awareness (CSA) capabilities. The services for this task order are required by 5 February 2018 in order to meet operational activities with the Cyberspace domain of the U.S. Navy (to include the United State Marine Corps), Department of Defense and other government agencies. The contractor will be responsible for developing, implementing, and integrating solution sets that enable holistic CSA Cyber Operations tools to suppmt Command, Control, Communications, Computers, Combat Systems and Intelligence (C51) capability, with appropriate underpinning technologies and capabilities that provide for interagency communications and collaboration of cyber activities.

The current task order (N6600 l-12-D-0085-0049) which was awarded under the predecessor MAC contract expires on 17 May 2018. However, it is anticipated that the funding will be exhausted on or around by 2 February 2018.

This three month task order is needed to provide continued coverage while the follow-on effort is competed amongst the new 562 MAC holders (BAE, Northrop Grumman, SAIC and SRC). Due to the urgency and importance of the operational activities with the Cyberspace domain, it is imperative that this task order is awarded no later than 5 February 2018 to provide continued

Exception to Fair Opportunity Template Update AUG 2017

(b)(4) coverage. If the task order is not awarded it will compromise the Fleet's ability to synthesize current performance of Cyber systems, operations, and threats into an integrated picture, to report status, vulnerability, threats, suspicious activity, and mission impact of cyber assets; and to enable operating forces to collect operations data, analyze this data and maneuver the network across the U.S. Navy throngh a shared cyber situational awareness picture. Additionally, if the task order is not awarded by 5 Febmary 2018, there would be significant harm to the Navy as it would compromise the Navy's ability to gather and interpret certain Cyber intelligence and Cyber threats, thereby weakening the Navy's ability to respond timely and appropriately.

Ifwe are unable to provide coverage for the project during this period, a scheduled Technical Exchange Meeting (TEM) will have to be cancelled. The TEM is a planning meeting between SSC PAC, NCSA, PMW 130, and the US Cyber Command. The purpose of the meeting is to review technical progress and to affom scheduled tasking and milestones for the upcoming period. Re-scheduling this meeting would delay all project progress for several months. All milestones would be missed. Lack of progress will hamper the United States' ability and readiness to respond to cyber threats form enemy sources.

Installation and monitoring of information gathering nodes on shore and afloat platforms would be suspended or greatly reduced. Information gathering equipment containing visualization tools that provide near real-time data supporting Fleet Cyber intelligence gathering will not be on-line, making the United States and its allies more snsceptible to cyber attacks and other information related threats.

D b. Only one such awardee is capable of providing snch services required at the level of quality required because the services ordered are unique or highly specialized.

D c. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the MAC, provided that all the awardees were given fair opportunity to be considered for the original order.

D d. It is necessary to place an order to satisfy a minimum guarantee.

D e. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

5. Determination of Fair and Reasonable Cost. Based on the historic cost information currently available, the contracting officer has adeqnate information to ensure that the cost to the govermnent for this acquisition will be fair and reasonable.

Based on the historic cost information currently available, the contracting officer has adequate information to ensure that the cost to the Gove1mnent for this acquisition will be fair and reasonable.

6. Any Other Facts Supporting the Justification. None.

7. Actions Taken to Remove or Overcome Barriers that Led to the Exception to Fair Opportunity.

A new contract action for a base with four option periods will be competed. A five year contract will allow the program to maintain the required expertise with minimal disruption caused by changes in key personnel due to contract vendor movement. Until this contract is awarded (estimated award date May 11, 2018), it is imperative that NCSA keep its current workforce intact and moving forward on the mission.

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 16.505(b)(2)) I certify that the facts and representations under my cognizance, which are included in this Justification and which form a basis for this justification are complete and accurate.

Technical Cognizance/or CSM:

Signature: _____ _

1.22.2018 (619)553-6173

APPROVAL:

CONTRACTING OFFICER CERTIFICATION (FAR 16.505(b)(2)): (2:$3K to <-$700K) I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: __ _________ _

Carlos Triay I Contracting Officer 22560 619-553-1696 Printed/Typed Name and Title Code Phone Date

REVIEW:

2.0 BRANCH HEAD (FAR 16.505(b)(2)): (>$700K)

Signature: ______________________________ _

Printed/Typed Name and Title Code Phone Date

APPROVAL:

COMPETITION ADVOCATE (FAR 16.505(b)(2)) (>$700K to $13.SM):

Printed/Typed Name and Title Code Phone Date

APPROVAL:

HEAD OF THE CONTRACTING ACTIVITY (FAR 16.505(b)(2)) (>$13.SM to $93M):

Signature: _______________________________ _

Printed/Typed Name and Title Code Phone Date

Exception to Fair Opportunity Template Update AUG 2C17

(b)(6)

(b)(6)