PCCS-24-60027 - CSD PSS Bridge JEFO FY24-00317 Redacted.pdf

Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY24-00317 - 2 -relationships between cyber security stakeholders within and among the private and public sectors. The services, focus on 9 Mission Support tasks:

1. Program Coordination

2. Executive Support

3. Communications Support

4. Stakeholder Engagement and Relationship Management Support

5. Executive Secretariat Support

6. Program/Project Analysis/Management Support

7. Training Support

8. Planning Support

9. Analysis and Technical Support

These program support services support and assist CSD in the following key initiatives:

Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”) enactment of CIRCIA marked an important milestone in improving America’s cybersecurity by, among other things, requiring CISA to develop and implement regulations requiring covered entities to report covered cyber incidents and ransomware payments to CISA. These reports will allow CISA to rapidly deploy resources and render assistance to victims suffering attacks, analyze incoming reporting across sectors to spot trends, and quickly share that information with network defenders to warn other potential victims. Specific support services include strategy formulation, policy development, performance and program management, and technical support which is critical to review and assess major cyber events, threat activity, vulnerabilities, mitigation activities and agency responses.

Homeland Security Advisory Council (“HSAC”) – support the DHS Federal Advisory

Committee Act (FACA), Faith Based Security Advisory Council (FBSAC), and Homeland Security Academic Advisory Council (HSAAC) and the FACA-exempt Tribal Homeland Security Advisory Council (THSAC) in these areas: Specifically, o Provide Subject Matter Expert support for cybersecurity, technology & innovation, aviation security, trade and travel, counterterrorism and domestic violent extremism, climate change resilience and adaptation, border security, immigration policy and enforcement, disaster recovery, tribal relations, the academic sector, faith communities or any other core DHS mission responsibility.

o Conduct quality assurance reviews of reports and assist the advisory councils in the technical drafting of outcome-based considerations and recommendations based on substantive direction and input from the council members.

o Assist in development of executive-level, DHS-related briefings for advisory council members, ensuring information is appropriate and in compliance with the current guidelines and policies and perform quality control to include proofreading documents for grammar, format, and content.

JEFO No.: FY24-00317 - 3 -o Provide project management support to the Office of Partnership and Engagement, including building out engagement strategies from OPE suboffices in support of advancing the Department’s mission and Secretary’s priorities.

The Secure by Design initiative urges software manufacturers to take urgent steps necessary to ship products that are secure-by-design and -where technology and associated products are safe for customers, the authoring agencies urge manufacturers to revamp their design and development programs to permit only secure-by-design and -and 17 U.S. and international partners published an update to the joint Secure by Design product, “Shifting the Balance of Cybersecurity Risk: Principles and Approaches for Secure by Design Software,” that includes expanded principles, guidance, and eight new international agency co-sealers. Specific support services will include strategy formulation, performance and program management, and technical support which is critical to support the international initiative.

DHS Cybersecurity Talent Management System (CTMS) modernizes federal hiring through a new, streamlined hiring process, competitive compensation structures, and meaningful career development opportunities. Specific support services will include program support and project management activities to support CISA in meeting priority and general hiring goals, increasing understanding and use of CTMS, and liaising with federal stakeholders to support CSD hiring.

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

___X______FAR 16.505(b)(2)(i)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

Rationale:

Only Deloitte is capable of providing the services required at the level of quality required because the services ordered are highly specialized. Deloitte is uniquely qualified as it has the critical and requisite technical knowledge and experience with the work streams, is most familiar with the issues, operational considerations and technical challenges, and can provide the services at the level of quality required to meet CSD’s critical mission requirements and objectives. They have highly qualified personnel with the required broad base knowledge and experience with the program. Deloitte can make them immediately available for the time required with no transition period needed for this effort and to respond to any CSD changing needs.

It is essential that the Government continue to receive services at the level of quality required for the duration of performance. Deloitte’s requisite expertise is necessary for ongoing

JEFO No.: FY24-00317 - 4 -support until the follow-on competitive task order is awarded. The follow-on task order award was anticipated for Q4 FY 2024. However, during procurement planning, additional time was needed to address changes in the procurement structure and strategy. The new anticipated award is in Q2 FY2025. Without Deloitte’s continued support, the program would assume substantial performance risk with detrimental impact to operations and severely diminish the quality of service CSD provides to its stakeholders and partners.

Deloitte is the only source that has the resources and experience in place necessary to provide CSD the required services without risking interruption in critical mission capabilities.

Deloitte’s continued support will prevent a lapse in service and disruption to daily operations during the time required to conduct the competitive procurement. If at the expiration of the current task order, a task order was awarded to a new contractor, (i) it would require substantial contractor effort to develop the base knowledge necessary to meet the operational requirements; and (ii) the program would assume substantial performance risk of critical mission impairment with a new contractor due to CISA’s suitability and onboarding process, which takes over 100 days on average. Deloitte has the resources and experience in place to provide the Program the required SMEs without risking an interruption in critical operational capabilities.

For these reasons described above, Deloitte is uniquely qualified to meet CSD’s requisite and immediate needs.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determined the anticipated prices will be fair and reasonable based on prior acquisition history and comparison to the Independent Government Cost Estimate

(IGCE).

6. Any other facts supporting the justification.

Changing to another contractor would result in a substantial investment in time since it is anticipated that the award from the competitive solicitation will replace this sole source task order. A new contractor would add performance risk to the program due to the time required to train personnel to ensure operations are continued. The program needs a minimum of six months for the procurement lead time and transition-in. Therefore, although there are other companies that may be capable of fulfilling the requirements of the Statement of Work (SOW), an interim task order to the incumbent is currently the only option that will provide continuous coverage until the follow-on competitive task order is awarded.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

No other competitive barriers are known at this time, which would lead to a future fair opportunity exception. This sole source task order is only intended to continue the current