JA_post_redact.doc

J&A 18-0142

J&A 18-0142

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Lakehurst, NJ.

2. Description of the Action Being Approved.

This justification and approval authorizes the issuance of a cost plus fixed-fee contract to MIL Corporation (MIL Corp) of Lexington Park, Maryland for the procurement of Contractor Support Services (CSS) and Subject Matter Experts (SMEs) in support of NAWCAD 5.4 urgent requirement for cyber training, penetration testing and vulnerability assessments of NAVAIR systems. The period of performance shall be twelve (12) months.

3. Description of Supplies/Services.

NAWCAD 5.4 serves as the cyber test lead for both the Integrated Battlespace and Simulation (IBST) and Naval Air Systems Command (NAVAIR) Cyber Warfare Detachment (CWD). The CWD is responsible for providing cyber expertise to support NAVAIR weapons and control systems and the research, development, test and evaluation of associated networks. This support includes cyber defensive solutions and Testing and Evaluation (T&E) capabilities, risk assessments, penetration testing and incident response for deployed systems. These tasks require the procurement of training for NAVAIR personnel on the tools and methodologies used for cyber penetration testing on aviation and weapons systems platforms and cyber penetration testing and penetration tool development for aircraft and weapons systems. The cyber CSS and SME support provided under this effort is needed to provide for continued training, penetration testing and vulnerability assessments within NAVAIR Aviation Weapon and Control Systems, as well as assessments of critical infrastructure and cyber vulnerability impacts to Aviation Warfare mission areas.

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(2), FAR 6.302-2: unusual and compelling urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

As detailed in the Letter of Urgency/Priority 02 Designation for Cyber Security SME support for Aviation Weapon and Control Systems and Critical Infrastructure memorandum dated 12 February 2018, NAWCAD 5.4 has the responsibility to provide cyber expertise for weapon and control systems and critical NAVAIR T&E infrastructure. Executive Order: “Strengthening the Cyber Security of Federal Networks and Critical Infrastructure”, dated 11 May 2017, called for assessments and strengthening of the nation’s cyber security workforce, weapons and control systems, networks, and critical infrastructure. In support of this executive order, NAWCAD 5.4 has a requirement to provide critical training, penetration testing, and vulnerability assessments of NAVAIR systems.

NAWCAD 5.4, IBST currently has a sole source Top Secret, Sensitive Compartmented Information (SCI), contract with MIL Corp that is providing cyber security support for cyber defensive solutions, T&E capabilities, risk assessments, penetration testing and incident response for deployed systems. This urgent requirement is for similar tasks as the current Top Secret SCI MIL Corp contract, but is classified as non-SCI. However, IBST is currently utilizing the Top Secret SCI MIL Corp contract to execute these non-SCI tasks to ensure proper Cyber Security requirements are being met. Using the current MIL Corp to meet these non-SCI tasks is taking away contract ceiling from the Top Secret SCI tasks from being completed which presents additional risks to execution of that contract.

The tasks covered under this urgent requirement are a small part of a larger Cyber CSS competition that is currently being solicited for a five (5) year period. In order to meet this urgent requirement, a twelve (12) month contract is being put in place with MIL Corp. MIL Corp is currently doing this work on the Top Secret contract and can immediately continue these tasks upon award. Use of any other source, would entail the recruitment, hiring, training and transition of tasks to a new contractor. This would entail significant time and a potential break in service. A delay in awarding a contract, or break in service, would result in an increased exposure of our warfighting capabilities to potential cyber vulnerabilities.

As NACWAD 5.4 is in their infancy and the potential vulnerability of our weapon and control systems and critical infrastructure is unknown, continuing this work is of the utmost importance in carrying out the applicable objectives of the executive order. Use of any other source besides MIL Corp, while the competitive action is being awarded, would put NAVAIR security posture at unacceptable risk levels and entail substantial negative impacts.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

NAWCAD 5.4 technical SMEs conducted market research to identify vendors who could potentially provide the needed urgent cyber capabilities. Given the urgent tasking and time constrains of this effort, only MIL Corp was found to be able to provide the required support and SME personnel within the required ninety (90) day timeframe necessary to avoid a break in continuous critical cyber support. The Government would not be able to award a competitive contract for these services prior to exceeding the ceiling on the existing TS contract.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. The Contractor will submit a formal cost proposal with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. The proposal will be reviewed by experienced technical analysts and contract specialists with the aid of necessary field pricing support. The Contracting Officer will utilize cost and price analysis as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

The CWD has Cyber Basic Ordering Agreements (BOAs) in place to support and facilitate competitions for future cyber requirements amongst cyber BOA holders. As mentioned in paragraph 5 above, a competitive cyber CSS contract in support of IBST for similar cyber tasking is currently being solicited. The Government anticipates future efforts for similar cyber work will be competed using the Cyber BOA’s.

PAGE