J and A Proofpoint Redacted.pdf
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- Solicitation number
- W91QF425F0045
About this file
This document is a Justification Review Document for a FAR Part 16 Exception to Fair Opportunity for a cybersecurity software procurement by the Defense Language Institute Foreign Language Center (DLIFLC). The procurement is for Proofpoint on Demand (Cloud Based) Cybersecurity License and Support, with a five-year contract period from March 2025 through March 2030, consisting of a base year and four option years.
The justification emphasizes Proofpoint's unique capabilities, including real-time email threat response, spam and phishing protection, and specialized email security features. The procurement will be conducted through the Army's Computer Hardware, Enterprise Software and Solutions (CHESS) program. Market research revealed limited vendor interest, with only two small businesses providing quotes out of 28 potential vendors. The document highlights the critical nature of maintaining the existing cybersecurity infrastructure, noting that alternative solutions would be less effective and potentially disruptive to DLIFLC's operations.
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participation and competition would be to extend the response time for submission of quotes from CHESS vendors. However, history shows that the length of response time for a vendor to submit a quote typically does not make much of a difference in increasing further additional vendor participation.
d. Impact if justification not approved: Proofpoint software is copyrighted to a single company and only available for sale through authorized resellers. Its uniqueness is in the code to filter SPAM messages. Utilizing another product in place of Proofpoint would exhaust personnel, both government and contractor to rebuild to replace the architecture with a less effective solution, putting the organization at higher risk and spending resources DLIFLC needs on existing projects. Failure to obtain this software will result in malicious emails entering and leaving the DLIFLC domain since the capability of real-time response to email threats like spam and phishing, adapting to user behavior and using unique code to filter SPAM messages will be weakened. This vulnerability will cause leakage of the most critical email communications between the Civilian and the Military communities at DLIFLC. This will also greatly damage the reputation and computing architecture of DLIFLC. Proofpoint software will prevent copyrighted material violations and/or infringement fines.
6. Actions to Increase Competition: IAW AFARS 51.39.101-90, the Army’s Computer Hardware, Enterprise Software and Solutions (CHESS) program, under the Program Executive Office Enterprise Information Systems, is the mandatory source for commercial information technology (IT) hardware and software purchases. This Brand Name requirement will be purchased through the CHESS program with multiple vendors having an opportunity to bid on the requirement. The notice required by FAR 5.201 to synopsize is not required due to an exception at FAR 5.202(a)(6).
7. Market Research: The Army’s Computer Hardware, Enterprise Software and Solutions (CHESS) is a mandatory source for commercial-off-the-shelf (COTS) IT hardware and software, IT services, and tactical/operational IT hardware requirements in accordance with AFARS, Part 5139, Acquisition of Information Technology and AR 25-1, Army Information Technology. CHESS contracts provide IT products and services that comply with U.S. Army Network Enterprise Technology Command, Army and DOD policy and standards.
Therefore, a Request for Information (RFI) was submitted in CHESS under the ITES-SW2 contract vehicle on 29 January 2025 with closing date on 28 February 2025.
Although there are 28 ITES-SW US Army CHESS vendors, only two (2) small business vendors (New Tech Solution Inc and Blazar Technology Solutions) provided quotes. 15 vendors responded with No bid, not authorized reseller, not sufficient time to respond, etc. The remaining vendors did not respond by the closing date of the RFI. Market research revealed that the requirement could be fulfilled through the mandatory source CHESS ITES-SW2 and there is adequate price competition among competitive quotations.
8. Other Facts: DLIFLC purchased Proofpoint in FY18 on Contract number, W52P1J16D0014 0Q15, dated 22 March 2017, with a performance period of 3 years. In FY2020, Proofpoint was purchased again under Contract number GS35F0119Y/W9124N20F0008, dated 24 March 2020, with a performance period of 5 years.
Procurement History:
Contract: GS35F0119Y / W9124N20F0008 Contractor: N2GRATE Government Technology Solutions Award Date: 24 MAR 2020 Competitive Status: Limited Sources, Brand Name Authority: FAR 8.405-6(b)(1)
Contract: W52P1J16D0014 0Q15 Contractor: Iron Bow Technologies Award Date: 22 MAR 2017 Competitive Status: Full and Open Competition under CHESS
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: 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 price analysis. As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403):
Prices that will be agreed upon are based on adequate price competition; a commercial item is being acquired.
12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.
CUI//SP-PROCURE//FEDCON
Approval
Based on the foregoing justification, I hereby approve the procurement of Proofpoint on Demand (Cloud Base) Cybersecurity Software License and Support for the Defense Language Institute at Presidio of Monterey, CA using an exception to fair opportunity pursuant to the authority of Federal Acquisition Regulation Part 16.505(a)(4) – “Restricting consideration to an item peculiar to one manufacturer.” The estimated value of the contract is for five years with the period of performance consisting of a base plus four option years, from March 2025 through March 2030. This approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.
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