JEFO 24-017 - Cloud Services and Support - redacted.pdf

Control No: 24-017 Contractor: AWS

Supply/Service: Cloud Services and Support Est Dollar Value:

JUSTIFICATION REVIEW DOCUMENT

FOR EXCEPTION TO FAIR OPPORTUNITY

Supply/Service: Cloud Services and Support

Authority: Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(B)

Prepared by: Dylan T. Lagerstam Phone:(309) 782-0740 Contract Specialist Email: dylan.t.lagerstam.civ@army.mil

Contracting Officer: Kyle C. Murray Phone:(309) 782-2101 Contracting Officer Email: kyle.c.murray.civ@army.mil

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Program Manager:

Legal Advisor:

Supply/Service: Cloud Services and Support Est Dollar Value:

Department of the Army Justification for Exception to Fair Opportunity

Under Multiple Award Indefinite Delivery Contracts

1. Contracting Activity: U.S. Army Contracting Command - Rock Island (ACC-RI), Rock Island Arsenal, Rock Island, IL 61299-8000.

2. Description of Action: The Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance and Reconnaissance (C5ISR) Center requests a Firm Fixed Price (i.e., Firm Fixed Unit Price) task order with Amazon Web Services (AWS) to procure Secret (Impact Level (IL) 6 cloud computing capabilities, where the unit prices are fixed, but consumption (service usage) may vary. ACC-RI will execute this action against Joint Warfighting Cloud Capability (JWCC) multiple-award Indefinite Delivery, Indefinite Quantity (IDIQ) Contract HC105023D0005. ACC-RI projects award for

Operations and Maintenance, Army funds. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The C5ISR Defensive Cyber Solutions Branch provides Cyber Security Service Provider (CSSP) services to applications hosted in the cloud, as mandated by Department of Defense (DoD) Instruction 8530.01 and the DoD Cloud Computing Security Requirements Guide. DoD IL6 security classification requires strict controls to protect classified information up to "Secret." DoD Manual 5200.01, Volume 2, provides detailed guidance on how to classify, mark, handle, and safeguard such information. The manual specifies that "Secret" information must be protected in accordance with the security controls specified in Committee on National Security Systems (CNSS) Instruction 1253, which includes the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 controls, as well as the application of an IL6 overlay. Because AWS was the first and only Cloud Service Provider (CSP) approved for use at DoD IL6 for many years, C5ISR developed the required CSSP services in AWS. Providing these CSSP services requires the acquisition and use of AWS, to include the use of AWS native and cloud-supported technologies in the defense of the nation to pre-emptively disrupt, degrade, or deny adversaries, both internal and external

Contractor: AWS

Supply/Service: Cloud Services and Support Est Dollar Value:

4. Authority Cited: 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.

5. Reason for Authority Cited: C5ISR must sustain operations and defenses before, during, and after an attack of DoD applications and data hosted in the cloud by reducing the attack surface (i.e., the entire area of an organization or system that is susceptible to hacking), continually improving defensive cyberspace operations, and effectively commanding and controlling cyber.

The AWS cloud native and proprietary services being used by C5ISR were developed initially by AWS for commercial customers, entirely at AWS' expense. As C5ISR required an IL6 CSP, C5ISR had to leverage what was available at the time, which was AWS, and then have those services reviewed and approved for use by the Army.

C5ISR previously purchased these AWS services from the Army-managed Cloud Account Management Optimization (CAMO) Other Transaction Agreement, via procurement of a prototype, and then follow-on production. However, on 31 July 2023, the DoD Chief Information Officer issued a memorandum, entitled "Department of Defense Joint Warfighting Cloud Capability [JWCC] and Next Steps to Rationalize Cloud Use Across the Department of Defense," mandating the use of the JWCC contract vehicle for IL6. To that end, C5ISR is required to contractually move its IL6 CSP from CAMO to the JWCC contract.

6. Market Research:

Contractor: AWS

Supply/Service: Cloud Services and Support Est Dollar Value:

ACC-RI and C5ISR conducted market research in (October 2023) by reviewing the capabilities of the JWCC contract holders. The JWCC contracts were established as a multiple-award IDIQ in 2022, with awards to

7. Actions to Increase Competition:

Contractor: AWS

Supply/Service: Cloud Services and Support Est Dollar Value:

For future acquisitions, the Government intends to continue to leverage and comply with DoD-mandated contract sources, while conducting market research and assessments of CSPs' emerging technologies and IL6 capabilities.

8. Other Facts:

Procurement History

Contract: W52P1 J2194009/W519TC2392015 (CAMO Other Transaction Agreement) Contractor: SOSSEC, INC Award Date: 03 March 2023 Competitive Status: Full and Open Competition

Supply/Service: Cloud Services and Support Est Dollar Value:

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Cost Determination: In accordance with FAR 16.505(b)(2)(ii)(B)(5), I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on the cost analysis, audit, and comparison to an IGE in accordance with FAR 15.404-1.

Date: 2/1 /24

MURRAY.KYLE.

C.1387977461

Digitally signed by

MURRAY.KYLE.C.13879TT461

Date: 2024.02.0113:06:09 -06'00'

Kyle C. Murray Contracting Officer

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

MURRAY KYLE Digltallysigned by

• • MURRAY.KYLE.C.1387977461

Date: 2/1/24 C _ 1387977 461 ~~:~~024 02.01 13,os,30

Kyle C. Murray Contracting Officer

Supply/Service: Cloud Services and Support Est Dollar Value:

Approval

Based on the foregoing justification, I hereby approve the procurement of Amazon Web Services for cloud services and support using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(B), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: 2/13/24 Signature:

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O.ato: 2024,02.13 16:43:54 -06'00'

RACHEL M. PHELPS

Competition Advocate