Req 1064253196 SpectraLogic T120 Maint Renewal - Brand Name JA R.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

☒ Acquisitions Management Directorate

Requiring Activity CGFS/CIO/TO/IO/ID

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

Approval is requested to solicit and award a firm-fixed price order for the renewal of support and maintenance of the Spectra T-120 Tape Library Backup System. This purchase is for Spectra Logic tape library with SpectraGuard Next Business Day on Site repair and 5x9 telephone/email support with software updates.

This requirement is to be competed amongst contract holders (and Spectra Logic authorized resellers) under NASA’s Solutions for Enterprise-Wide Procurement (SEWP) V program.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

Spectra Logic products are intellectual property to Spectra Logic and can only be provided by Spectra Logic or an authorized reseller of Spectra Logic. Spectra Logic provides a unique technology to backup financial data to supported high performance, high availability, data storage infrastructure for the 24 x 7 operation of CGFS.

This request is to purchase the renewal of maintenance for the Spectra Logic T-120 Tape Backup System. Cost for the renewal of maintenance and support of these services is

Another brand name would be highly disruptive and cause loss of any previous data held within the high-performance, mission critical processes. Spectra Logic provides critical hardware and software solutions for the backup and recovery of CGFS's financial data, including data stored on NetApp filers. This technology ensures that financial data is backed up to a high availability storage environment, supporting core production financial applications, office productivity applications, and electronic messaging services for CGFS.

Additionally, Spectra Logic's solutions support data replication and mirroring services for the CGFS Continuity of Operations Plan (COOP) facility, ensuring the availability and integrity of financial data in the event of a disaster or system failure.

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This acquisition is conducted under the authority of 41 USC 3304, as implemented by FAR 6.3 and substantiated by the following:

☐ FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

As this is a brand name only justification, no one contractor’s unique qualifications are cited as the basis for this justification. Spectra Logic is the copyright protected intellectual property of Spectra Logic. As owners of the source code, Spectra Logic and Spectra Logic alone can provide the required licenses and support required by the government.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY

CITED

The mission-critical nature of Spectra Logic's software and hardware solutions necessitates the annual maintenance renewal to ensure continuous service and prompt issue resolution in case of a software problem. This software maintenance can only be acquired through Spectra Logic or a Spectra Logic certified reseller/servicer, emphasizing the exclusive nature of the support and maintenance services provided by Spectra Logic.

Furthermore, the components of the Spectra Logic tape library are the intellectual property of Spectra Logic and are not available from another commercial vendor. This highlights the unique and proprietary nature of the Spectra Logic tape library components, underlining the importance of acquiring these components directly from Spectra Logic.

Given the critical role that Spectra Logic's hardware and software solutions play in supporting the backup and recovery of CGFS's financial data, including data stored on NetApp filers, as well as ensuring the availability of data for the COOP facility, the purchase of maintenance and support is essential. This requirement represents a necessary investment in ensuring the continuity and integrity of CGFS’s financial operations.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER FAR 5.202 APPLIES

The NASA SEWP Market Research Tool (MRT) was used to perform preliminary market research. The MRT can search using the OEM/Provider and then drill-down part number(s) to identify availability of SEWP

Contract Holders and their socio-economic type.

For this market research, a query was initiated based on the criteria of: 1) Provider = Spectra, and 2) Part

Number = 90950500R. The results identified multiple small business that carry “Spectra” products, and of these over 50 small businesses have the exact part numbers on their SEWP Contract. A graphic of the results is shown below. Based on these findings, there is evidence this requirement can be set aside for small business.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT IS FAIR AND REASONABLE

Vendors must quote prices at or below their NASA SEWP V or GSA Schedule established contract unit ceiling prices for each item. The SEWP/GSA contracts are FAR Part 12 Commercial Contracts, and additional price analysis was done in accordance with the following: The price design for SEWP is a proposed discount off the offeror’s commercial list price. Price analysis was conducted in accordance with FAR 15.305(a)(1), to ensure that a "fair and reasonable" price is paid by the Government.

Reasonableness of proposed prices was established in accordance with 15.403-1(c)(1)(i)(B) which provides that a price is based on adequate price competition if two or more responsible offerors, competing independently submit priced offers that satisfy the Government's expressed requirement and there is not any finding that the price of an otherwise successful offer is unreasonable. To verify price reasonableness, offerors were instructed to submit their published price catalog or published schedule of list prices in a form regularly maintained by the manufacturer or offerors, such as a catalog, price list, schedule, or other verifiable and established record.

Additionally, each contractor proposed a discount off of product categories (such as input-output device) of IT equipment.

These discounts remain for the life of the contract. Therefore, when new technology is added or list prices change due to market fluctuations, the SEWP price remains fair and reasonable. There are several other price reasonability checkpoints in SEWP:

• When items are added or prices updated on a SEWP contract, prices are automatically compared to other SEWP contracts and must be within a reasonable price of all other contracts

• All SEWP Delivery Orders are subject to brand name through competitive procedures through the

SEWP RFQ Tool. This internal competition provides an incentive for Contract Holders to provide the best possible price in order to be selected for award.

Pursuant to FAR 16.202-2(a) the Contracting officer can establish fair and reasonable prices at the outset when there is adequate price competition.

By signing the justification, the Contracting Officer makes a determination that the cost to the

Government is expected to be fair and reasonable.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

The initial market research was conducted through Spectra to give CGFS/CIO an estimate for the desired products/services. The use of Spectra Logic is essential to the Government’s requirements, thereby precluding consideration of the products of another company. It is anticipated that the final award will be to the entity providing the best competitive price among NASA SEWP V authorized resellers.

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

Due to the proprietary nature of this requirement, there are no known actions that the Department may take to overcome future barriers to competition for Spectra Logic Support and Maintenance. Advancements or upgrades to other hardware and software components of the information technology infrastructure at CGFS will periodically require upgrade of these products.

SECTION 10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

To date, no other sources have written to express an interest in this requirement.

SECTION 11. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SUPPLIES OR SERVICES REQUIRED

CGFS/CIO/TO/AD shall continue to conduct market research prior to filling the requirements for IT software support and maintenance of this nature. In cases where the Spectra brand name is deemed the only responsible source (brand name only), the CGFS/CIO/TO/AD shall continue to justify, with proper approvals and procedures as required by regulation and policy, all actions that limit competition. The CGFS/CIO/TO/AD shall continue to publicize such justifications, to ensure public forum and to provide any unknown alternative source/alternative manufacturer with an opportunity to respond.