A03_-_SSJA__Forcepoint___Trusted_Gateway__PLAD_II_-_signed_Redacted.pdf

Control No: JA-E-16-451

Contractor: ForcePoint Federal LLC

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software

Support Renewal

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software

Authority: 41 U.S.C. 1901(a)(2); as implemented by FAR Subpart 13.501(a)(1) and

FAR 6.302-1.

Amount:

Prepared by: DSN:

Centralized Acquisition and License Management (CALM) Team Date: 21 Apr 2016 Email:

Contracting Officer:

Date: 13 June 2016

Technical:

SEC IEWS-D Contracts/License Date: 02 June 2016 Manager Email:

Requirements:

Chief (A), Contracts Division Date: 3 June 2016

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Legal Counsel:

Name: DSN:

Version – March 2016 FOR OFFICIAL USE ONLY

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items-Sole Source Justification and Approval

1. Contracting Activity: Army Contracting Command Aberdeen Proving Ground 6001 Combat Drive, Building 6001 Aberdeen Proving Ground, Maryland 21005

2. Description of Action: The Software Engineering Center (SEC) in support of the Distributed Common Ground System-Army (DCGS-A) Cross Domain Solution Set (CDSS) requests a Firm-Fixed-Price (FFP) contract on a sole source basis for Trusted Gateway Software Support Renewal with Forcepoint Federal LLC (formerly Raytheon Cyber Products) (Cage Code – 029J2), 12950 Worldgate Drive, Suite 600, Herndon, Virginia 20170. The North American Classification systems (NAICS) Code is 511210, Software Publishers. This procurement will consist of a one (1) year base with three (3) one (1) year options. Fiscal Year (FY) 2016 Operation and Maintenance, Army (OMA) funds will be used for the base period. The Government projects an award on or about June 2016.

X 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).

This action is a follow-on to contract W56JSR-14-D-0006. That contract was competed under authority U.S.C. 2304 (c) (1) and FAR 6.302-1, Only One Responsible Source.

Paragraph, “Actions to Increase Competition” of the previous justification, stated: “Market research will be conducted annually on the current baseline to determine if changes occur in the market place that would enable greater competition. Those actions were accomplished by continued market research, however Forcepoint is still the sole provider of this proprietary Software.

3. Description of Supplies/Services: Annual software maintenance/support for Forcepoint’s Trusted Gateway software provides software patches/updates/fixes and access to Forcepoint Information Technology (IT) support via telephone/email/website.

Forcepoint Trusted Gateway products are integral components of the basic DCGS-A CDSS. CDSS is a lightweight, modular, state-of-the-art multifunction cross domain communications system consisting of commercial off-the-shelf (COTS) software which provides supported commanders and intelligence originations with the ability to transmit and receive intelligence data across multiple security domains. Trusted Gateway provides built-in manual review and automatic validations, such as virus scanning, file type verification, dirty word search, and deep content inspection, enabling safe and simultaneous data movement between networks at different sensitivity levels. Virus Scanning Plug-In Maintenance provides the capability to download virus definition files for distribution to systems on a network. The Trusted Gateway System also provides system administration and additional virus scanning capabilities.

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software

Table 1

Subscription Identification

Product Description Quantity

77492 Trusted Gateway System Maintenance

77501 Virus Scanning Plug-In Maintenance

Period of Performance: 30 Sep 2016 – 10 Aug 2017

78306 Virus Scanning Plug-In Maintenance

78305 Trusted Gateway System Maintenance

77495 Trusted Gateway System Maintenance

77500 Virus Scanning Plug-In Maintenance

Period of Performance: 11 Aug 2016 – 10 Aug 2017

The quantities proposed are for the base and all options. The performance period for the options will be in yearly increments from the base period. The base pricing includes the fee to reinstate the software support for Subscription 78306 (Virus Scanning Plug-In Maintenance, quantity 17). The estimate cost of the base is The estimated cost for the options is —based on the current quote and historically data, there has been no escalations on the options with this Contractor. The total estimate value of the contract with options is .

From: To: Value;

Base Year 30 Sep 2016 11 Aug 2016

10 Aug 2017 10 Aug 2017

Option Year 1 11 Aug 2017 10 Aug 2018

Option Year 2 11 Aug 2018 10 Aug 2019 0

Option Year 3 11 Aug 2019 10 Aug 2020

Total: $

4. Authority Cited: 41 U.S.C. 1901(a)(2); as implemented by FAR Subpart 13.501(a)(1) and FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Only One Responsible Source

5. Reason for the Authority Cited: Forcepoint Federal LLC, 12950 Worldgate Drive Suite 600, Herndon, Virginia 20170 is the sole manufacturer of all Cross Domain products for development, maintenance and sustainability. Forcepoint owns all of the associated intellectual property rights and provides no access to the source code to any

X

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software reseller or other contracted entities. Renewals of Forcepoint Maintenance Agreements and renewals of non‐perpetual licenses are marketed exclusively by Forcepoint Federal

LLC.

CDSS provides secure multi-directional data transfer of information across multiple security domains. The system is included on the Unified Cross Domain Management Office (UCDMO) baseline list and has been evaluated for operation at Protection Level 4 (PL4). Ongoing maintenance is required to receive patches, support, and cost-effective upgrades. Failure to renew support will reduce effectiveness to the Warfighter over time and potentially compromises the security posture of the systems on the network. The manufacturer releases new versions annually with improvements to functionality and design that are beneficial to the Warfighter and the DCGS-A mission.

The Trusted Gateway software is the basis of the CDSS baseline. This specific product is essential to the continued deployment of the CDSS system without substantial software re-engineering and testing costs that would not be recovered through competition. The additional cost to re-engineer the baseline, and the schedule delay that would be incorporated, preclude consideration of a product manufactured by another company. Failure to acquire the above referenced renewals will diminish the capability of effective use of time with generating multiple design analysis scenarios, which could result in serious injury or loss of life to the Warfighters. This effort would require significant funding plus minimum development time of for the redesign of the CDSS Systems baselines.

The Trusted Gateway products were originally selected by Program Manager (PM) DCGS-A as meeting Warfighter requirements. Generally speaking replacing a major component of a fielded baseline is out of scope of SEC Intelligence Support Division’s (ISD’s) sustainment mission while the PM continues to work new, not-yet-transitioned baselines. To date no other product provides similar capabilities. If another product were identified and selected, it would impact the entire baseline. Any product replacement would result in developmental efforts to re-engineer, followed by production and certification testing efforts.

Details:

1. The cost to develop a comparable system is (see below):

Engineering

Configuration Management

Testing:

Quality Assurance:

Security:

Integration:

ICD 503 Documentation

DIA Accreditation

Beta II Site Accreditation

Development of Training Materials

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software

Field Support Training

User Training

Subtotal Cost:

2. The cost to train and field the system to .

3. Summary: Total Cost is and the timeline for replacing is .

The Trusted Gateway products are COTS items, the basis of the CDSS system, and the technical data for the Trusted Gateway products is proprietary to Forcepoint. Forcepoint has provided a statement indicating “Forcepoint is the only contractor with sufficient expertise, understanding, and knowledge of the Forcepoint products required to provide technical phone support and/or product updates. Forcepoint requires that all maintenance and/or client license renewals be fulfilled directly to its customers to better manage the dissemination of product updates and provide a higher level of service to its customers.”

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. Based on the response from the Contractor stating that there are no authorized resellers for this requirement, a Request for Proposal W56JSR-16-Q-0019, Notice of Intent to Award a Sole Source to Forcepoint Federal LLC (formerly Raytheon Cyber Products) for Trusted Gateway Software Support will be posted on Federal Business Opportunities, on or about 25 June 2016.

a. Effective Competition: Members of the Software Engineering Center Centralized

Acquisition and License Management (CALM) Team conducted market research -details of which are outlined in paragraph 8.

b. Subcontracting Competition: The Government will seek to maximize subcontracting competition with a focus on subcontracting to small and small disadvantaged businesses.

7. Actions to Increase Competition: Commercial software manufacturers are encouraged to increase the number of authorized resellers. Additionally, upon receipt of the requirement, an authorized list of authorized distributors for this software renewal is immediately requested from the original manufacturer. The manufacturer is also encouraged to pursue distribution of their products/services through Small businesses, HUBZONE, Service Disabled Veteran Owned, and Woman Owned Small businesses to resell their products and services. Requirements are then competed to the maximum extent practicable.

At a minimum, market research will consist of researching the U.S. Army Computer Hardware Enterprise Software and Solutions (CHESS), National Aeronautic and Space Administration Solutions for Enterprise Wide Procurement (NASA SEWP), and

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software

Enterprise Software Initiative (ESI) and General Services Administration (GSA) Advantage websites for possible sources. Additionally, the continuing market research will include synopsizing the requirement and making inquiries with the software manufacturer to identify whether new resellers become available.

8. Market Research: Market research was performed by the CALM Team during the month of April 2016. Searches were performed on the Army CHESS, the NASA SEWP, and GSA websites. A query was sent to the manufacturer website for a list of resellers as well as a general web search. The software manufacturer provided a letter, dated 14 June 2016, stating that Forcepoint is the sole manufacturer of all Cross Domain products for development, maintenance and sustainability. Forcepoint owns all of the associated intellectual property rights and provides no access to the source code to any reseller or other contracted entities. A CHESS Statement of Non-Availability (SoNA), Number 216708136, dated 22 April 2016 and Goal1 Waiver 20151125318570089, dated 29 March 2016 were obtained for this requirement. Pricing information was received from the following vendor:

Contractor Name Cage Code Business Category

Forcepoint Federal LLC formerly Raytheon Cyber Products

029J2 Other than Small Business

9. Interested Sources: The Government Point of Entry (GPE) notice required by FAR

5.201 will be published on the federal opportunities business page. To date, no other sources have written to express interest in the acquisition beyond the vendor listed in paragraph 8.

10. Other Facts:

Procurement History:

Vendor Contract Awarded Extent Competed

Raytheon Cyber Products

W56JSR-14-D-0006 August 2014 (POP:

Date of award through 30 Sept 2017)

10 U.S.C. 2304 (c)

(1) and FAR 6.302-1, Only One Responsible Source

There has not been any significant change in circumstances from the previous justification to this current justification. The Trusted Gateway software support was renewed under the previous procurement due to the Trusted Gateway software

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software already being integrated in the CDSS baselines; thereby precluding the removal of the software without significant cost and time to re-engineering and field replacement baselines.

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software

11. 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.

Name:

Title: SEC IEWS-D Contracts/License Manager DSN:

12. 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.

Name: DSN:

Title: Chief (A), Contracts Division

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis and IGCE:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

DSN:

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

Approval

Based on the foregoing justification, I hereby approve the procurement of a new Firm- Fixed Price contract for Forcepoint Trusted Gateway software support renewal in support of the DCGS-A CDSS program at the Software Engineering Center (SEC) on

Program/Equipment: Cross-Domain Solution Set (CDSS) / Trusted Gateway Software a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901(a)(2) as implemented by FAR Subpart 13.501(a)(1) and FAR 6.302-1, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition. If this action is not complete within one hundred eighty (180) days, the Sole Source Justification and Approval shall be returned to the Competition Advocate for revalidation.

Additionally, if any changes to the requirements, basis for justification, market conditions or increases in the estimated value of the proposed action occur at any time, the Contracting Officer shall document these changes in a memorandum and obtain review/concurrence from the Competition Advocate.