04.05_JEFO Brand Name - Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

BRAND NAME: FAR 16.505(a)(4) and 16.505(b)(2)(ii) J&A-20-0349

1. Agency and Contracting Activity.

U.S. Immigration and Customs Enforcement

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), prepared this justification for an exception to fair opportunity on behalf of Homeland Security Investigations (HSI) Operational Technology and Cyber Division (OTCD) Technical Operations Unit (TechOps).

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

(a) Type of action: Firm-fixed price contract

(b) Amount the current J&A is justifying: $

( c) Brief Description: OAQ intends to procure commercial hardware, software, and services from Dell Marketing, Quantum Corporation, Veeam and VMware Software for installation, configuration and system orientation for new equipment and associated software to be installed in two data centers. The period of performance will be for one six month base period.

Although these products are offered by multiple resellers, the companies listed below are the only developers of these particular brand name items.

Dell Marketing L.P One Dell Way Round Rock, Texas 78682

Quantum Corporation 224 Airport Pkwy Ste 550 San Jose, California 95110

Veeam Government Solutions, LLC 8800 Lyra Dr. Ste. 350 Columbus, Ohio 43240

VMware, Inc.

3401 Hillview Ave Palo Alto, CA 94304

3. Description of Supplies/Services.

HSI/OTCD/TechOps has an immediate requirement to procure services to provide turnkey installation, configuration, and system orientation for new equipment and associated software at various quantities to be installed in HSI data centers. In addition to the data center systems, the vendor will furnish the government with portable data transfer systems and a library/archive system.

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JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

BRAND NAME: FAR 16.505(a)(4) and 16.505(b)(2)(ii)

Manufacturer Model Name/No. Model No.

PowerEdge vSAN Ready Node (East)

Dell (Configured) R640 PowerEdge Server

Dell (West) (Configured) R340 PowerEdge vSAN Ready Node (West)

Dell (Configured) R640 PowerEdge Server

Dell (West) (Configured) R340 Isilon network attached storage

Dell (East) (Configured) A2000 Isilon network attached storage

Dell (East) (Configured) A2000 PowerEdge Server

Dell (Configured) Large R740 PowerEdge Server

Dell (Configured) Large R740 TPP L5 U.S. Federal VMware HCI Kit 6

VMware Advanced ( per CPU) U.S. Federal Production Support/Subscription for VMware HCI Kit

VMware 6 Enterprise TPP L5 U.S. Federal VMware vCenter Server 6 Standard

VMware for vSphere 6 U.S. Federal Production Support/Subscription VMware vCenter Server 6 Standard

VMware for vSphere 6 Backup &

Veeam Replication 15 bundle

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Version

210-AKWU

210-AQUB

210-AKWU

210-AQUB

IA2000-E-

12T-800G

IA2000-E-

12T-800G xd xd

HCI-ADV-

CPU-F-L5

HCI-ADV-

CPU-P-SSS-

F

VCS6-STD-

F-L5

VCS6-STD-

P-SSS-F

vlO

Qty

U.S. Immigration and Customs Enforcement

Total Price

Version 1.1

J USTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

BRAND NAME: FAR 16.505(a)(4) and 16.505(b)(2)(ii)

Xcellis Workflow Director

Quantum (Configured) Gen2 SCALAR i3/ i6/

Quantum AEL6 (Configured) AEL6

12G (Various) 12G (Various)

U.S. Immigration and Customs Enforcement

This requirement is being solicited under DHS' FirstSource II Indefinite Delivery, Indefinite Quantity (ID/IQ) contract under the Small Business category.

The period of performance for this product purchase, installation and integration contract is expected to be six months. The total cost of the brand name items is estimated to be $9,037,103 .67

Period Time Price Total Base 6 months $ $ Brand Name $

4. Statutory Exception and rationale for its use:

Exception:

Pursuant to 41 U.S.C. 4106(c)(2) as implemented by FAR 16.505(a)(4) the brand name items/items peculiar to one manufacturer are essential to the Government's requirements and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs.

Rationale:

OAQ intends to procure a brand name specification for Dell, Quantum, Veeam and VMware hardware, software, and services in accordance with FAR 16.505(a)(4) based on the statutory exception listed above. These products will be used because they are consistent with the equipment and infrastructure currently existing in the data centers and the newly purchased items must integrate with this existing equipment. In addition, the particular products meet the ICE security requirements as well as the needs of the ICE HSI law enforcement investigative mission with less risk of losing or corrupting valuable evidentiary data.

The brand name products listed in the table above are considered essential because they are consistent with the equipment already existing in the data center, and the equipment and software acquired must be interoperable with the existing equipment and software. In addition, they comply with the government's security protocols and have been the only proven solutions crucial to providing efficient processing and storage of large volume evidentiary audio and video data. A ward to another brand name source is certain to result in disruption of HSI' s current operating infrastructure and will likely result in higher implementation and testing costs if these specific brand name sources are not procured.

5. Pre-award synopsis of this Brand Name JEFO exceeding $30,000: Select one (1) of the options below:

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JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

BRAND NAME: FAR 16.505(a)(4) and 16.505(b)(2)(ii)

~ ICE intends to provide this justification and supporting documentation along with the solicitation to all contract awardees pursuant to FAR 16.505(a)(4)(iii)(A)(2).

• ICE does not intend provide this justification and supporting documentation along with the solicitation to all contract awardees pursuant to a synopsis exception under FAR 16.505( a)( 4 )(iii)(C).

• Not applicable. The dollar value ofthis J&A is less than $30,000.

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

This requirement and the brand name equipment will be competed on DHS's FirstSource II IDIQ contract as a Small Business Category set-aside. It is anticipated that multiple offers will be received from the small business offerors. The Contracting Officer determines that the anticipated prices will be fair and reasonable based on price competition and historical pricing found in previous procurements for similar products. Additionally, the pricing can be compared to the Independent Government Cost Estimate (IGCE).

7. Any other facts supporting the justification.

None.

8. 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.

HSI Technical Operations (TechOps) meets regularly with other agencies and attends technical surveillance conferences to identify the latest supplies and services available. TechOps will continue to monitor these and other sources to determine if new items or vendors will meet the technical requirements.

9. Post-award publishing of this Brand Name JEFO, after the order has been placed.

Select one of the items below if this JEFO exceeds $250,000 (simplified acquisition threshold):

~ ICE intends to post this JEFO on FedBizOpps with the solicitation pursuant to FAR 16.505(b )(2)(ii)(D).

• ICE does not intend to post this JEFO on FedBizOpps with the solicitation pursuant to FAR 16.505(b )(2)(ii)(D)(5).

• Not applicable. The dollar value of this J&A does not exceed $250,000.

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JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

BRAND NAME: FAR 16.505(a)(4) and 16.505(b)(2)(ii)

Technical/Requirements Personnel Certification.

U.S. Immigration and Customs Enforcement

Pursuant to FAR 16.505(b )(2)(ii)(B)(9), I certify that this requirement meets the Government's minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Digitally signed by DAVID M

DAVID M STEFONICH STEFONICH

Date: 2020.09.15 13:31 :16 -04'00'

Technical Representative/COR Date

10. Contracting Officer Certification and Approval

Pursuant to FAR 16.505(b )(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Digitally signed by LOUIS A c:>f. L_...L_. A ". ..A OJEDA p-r" n: ~ Date: 2020.09.15 12:38:52 -05'00'

Louis A. Ojeda, Contracting Officer

11. Approval.

WILLIAM C

FULLER JR

William Fuller Competition Advocate Office of Acquisition Management (OAQ)

Date

Digitally signed by WILLIAM C

FULLER JR

Date: 2020.09.16 16:52:42 -04'00'

Date

U.S. Immigration and Customs Enforcement (ICE)

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