19AQMM26F1611 Justification for an Exception to Fair Opportunity HPE Juniper _Redacted.pdf

allow authorized users to access DOS’ ClassNet for web browsing, email, voice systems and other standard ClassNet applications via approved mobile devices such as laptops and cellphones.

DOS can allow designated employees to utilize secure communications to receive and transmit classified information essential to making real-time and informed decisions at approved alternate work locations.

The estimated value is

SECTION 4: IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY

AND THE SUPPORTING RATIONALE

This acquisition is conducted pursuant to 41 U.S.C. 4103 and 4106 as implemented by FAR 16.507-6 and substantiated by the following:

☒ FAR 16.507-7 - Items peculiar to one manufacturer.

This is a Brand-Name only requirement. There are many resellers of HPE brand Juniper Hardware Care and annual software license renewals. HPE Juniper, however, is the only manufacturer whose Hardware Care and annual software license renewals preexist and are NSA-certified for use within the DOS authorized Commercial Solutions for Classified (CSfC) environment. Additionally, there are warranties, service plans and software maintenance agreements that will become void if unauthorized equipment is introduced into the CSfC environment.

Additionally, it is important that PMD keeps consistency and homogeneity in the environment to reduce operational complexity and risk. Some of the obvious benefits of a homogeneous environment include consistency in monitoring, reporting and centralized management, but this strategy has also been used to re-purpose equipment from under-utilized environments to shore-up environments that have the same equipment, but require more resources.

HPE brand Juniper Hardware Care and annual software license renewals are uniquely qualified to meet the requirements of PMD based upon the following:

• Authority to operate on ClassNet network: Compliance with network security standards and operational authorization

• Equipment repurposing capability: Existing equipment repurposing from underutilized environments to production systems, saving millions of dollars in unnecessary spending

• Proprietary technology and OEM support requirements: The DOS currently owns HPE brand Juniper Integrated Networking and Cybersecurity Platform equipment that these software licenses are intended to support.

• Risk mitigation: Alternative manufacturers would introduce untested variables into a time-critical, DOS and NSA accredited program

SECTION 5: DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE

The Contracting Office determines that the anticipated price(s) will be fair and reasonable based on the fact that these products are Commercial Off The Shelf (COTS) items that are available on the commercial marketplace by both description and part number. Additionally, this is a Brand-Name requirement and therefore pricing between competing resale vendors can be compared. By signing the justification, the Contracting Officer makes a determination that the cost/price to the Government are expected to be fair and reasonable.

The Contracting Officer will not award the planned contract action unless the Contracting Officer evaluates and determines that the resultant price is fair and reasonable.

SECTION 6. 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.

It is possible that migrating to cloud-based solutions in the future will eventually eliminate the need for on-premises networks and therefore on premises HPE brand Juniper Integrated Networking and Cybersecurity Platform equipment to the on-premises Private Mobile Diplomacy program.

The Office of Acquisition Management and the Private Mobile Diplomacy program will continue to keep abreast of the market to understand if other Networking Gateway and Transceiver equipment and Integrated Networking and Cybersecurity Platform equipment becomes approved by NSA for use in the CSfC program.

The Office of Acquisition Management and DT/EI/NT will continue to keep abreast of the market to refine its requirement and assess the market for future 8(a), small business set-aside, or full and open competition and for alternative solutions that may become available and begin the ATO process for use on the DOS system. Additionally, the program office will monitor the NSA-certified and DOS authorized Commercial Solutions for Classified (CSfC) environment for additions or changes that might affect fair opportunity.