1.1.8_LSJ_Redacted.pdf

NATIONAL SCIENCE FOUNDATION

OFFICE OF BUDGET, FINANCE AND AWARD MANAGEMENT

DIVISION OF ACQUISITION AND COOPERATIVE SUPPORT

LIMITED-SOURCES JUSTIFICATION

GSA ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C.

152(3), Competitive Procedures and 40 U.S.C. 501, Services for Executive Agencies.

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification.”

The National Science Foundation (NSF), Office of Information and Resource Management, on behalf of the Division of Information Systems (DIS) proposes to award an order against Blanket Purchase Agreement number 47QTCA23D0037 pursuant to FAR 8.405-6(a).

2. Nature and/or description of the item/service being procured and anticipated cost:

(a) Type of action: Labor Hour

(b) Amount the current LSJ is justifying:

(c) Brief Description: Procurement for IT Cyber Security and Privacy Services on a sole source basis from:

Criterion Systems Inc 8330 Boone Blvd STE 400 Vienna, VA 22182 United States Phone: (703) 942-5800

3. Description of Supplies/Services.

The primary focus of this requirement is to ensure the cyber security, confidentiality, integrity, availability, and restoration for the systems developed and operated by the National Science Foundation (NSF), Division of Information Systems. Criterion shall be responsible for developing the strategies and executing the transformation initiatives that will fundamentally alter the way NSF’s IT services are provided internally to employees, contractors and externally to its stakeholders and clients.

4. The authority and supporting rationale (see 8.405-6(a)(1)(i)(A)(B) or (C) and a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service:

Authority:

Choose only one of the following three authorities:

☐ (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays;

☐ (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

☒ (C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html#wp1091891 applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

The Criterion award number 49100418F1093 was competitively procured.

Rationale:

Pursuant FAR 8.405-6(a)(I)(i)(C), this action is a logical follow-on to the original Federal Supply Schedule task order no. 49100418F1093. The Government concluded that onboarding a new contractor at this juncture presented a high risk for performance failures and cost overruns unless the contractor had significant incumbent capture. If a non-incumbent were awarded the task order, significant time will need to be devoted to bringing the knowledge base up to the current level of Criterion Systems Inc which is necessary for successful and timely completion of deliverables. Ultimately, leading to a higher likelihood of performance failure. NSF has a continuing need for services to assure the appropriate security and privacy of NSF information and information technology (IT) resources. The contract focuses on acquiring security and privacy related leadership, guidance, and support. This includes IT security operations support, contingency planning, vulnerability management, incident management, Trusted Internet Connection (TIC) performance management, assessment and authorization of NSF’s information systems, privacy services, independent security assessment reviews, FISMA controls and continuous monitoring, security support for the US Antarctic Program, and program management support for NSF’s security and privacy program.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The Contracting Officer has determined that issuing the GSA Task Order to Criterion Systems Inc for IT Cyber Security and Privacy Services represents the best value considering price and administrative costs to meet the Government’s needs. When comparing the average labor hour price of for task order 18F1093 to the new Criterion MAS (47QTCA23D0037) labor hour rate of , the Government noticed a dollar difference or price percentage differential. When comparing the average labor hour price of task order 18F1093 to the current Criterion MAS (GS-35F- 0032V) labor hour rate of , the Government noticed a dollar difference or . When comparing the two MAS contracts to each other, the Government noticed a difference or percentage differential. The Government determined that the lower offered price of the task order was due to adequate competition during the solicitation phase. Therefore, discounts from the GSA schedule prices will be requested for the logical follow-on task order.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

NSF posted a problem statement for the Cyber Security and Privacy Services on February 23, 2023 with a closing date of March 3, 2023. NSF received 40 responses from interested vendors. NSF is still in the process of reviewing the responses and will not be able to award a new contract prior to the expiration of the current order This market research data will be used in the new competitive requirement.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

Not applicable.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made.

NSF will be competing the requirement in FY24 to replace the follow-on order.

9. NSF intends to post this requirement on Sam.gov pursuant to FAR 8.405-6(a)(2).

DIVISION OF ACQUISITION AND COOPERATIVE SUPPORT

LIMITED-SOURCES JUSTIFICATION

GSA ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

10. Technical/Requirements Personnel Certification.

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

11. Contracting Officer Certification and Approval.

I hereby determine that the circumstances described herein exist and that the information is accurate and complete to the best of my knowledge:

12. Approval.

Over $700,000 but not exceeding $13.5 million Head of Contracting Activity