20121106_JEFO_Zscaler Renewal_070621_CA-signed.pdf

U.S. Customs and Border Protection Justification for Exception to Fair Opportunity (JEFO) – FAR 16.505(b)(2)(ii)(B)

Exceeding the SAT

Version 1.0 September 2016

Date: July 6, 2021 PR Number: 2012-1106

1. Agency and Contracting Activity.

The Department of Homeland Security, Customs and Border Protection (CBP) Office of Acquisition, Information Technology Contracting Division, prepared this justification for a brand name exception to fair opportunity.

2. Nature and/or description of the action being approved.

DHS/CBP proposes to award a firm-fixed-price delivery order through the NASA SEWP IDIQ contract for the cloud-based Zscaler commercial solution and premium support pursuant to FAR16.505(a)(4), restricting consideration to an item peculiar to one manufacturer, Zscaler. This requirement will be competed among NASA SEWP IDIQ contract awardees under Group C as a 100% set-aside for Small Business.

3. A description of the supplies or services required to meet the agency’s need.

The cloud-based Zscaler solution will provide CBP’s workforce remote access to data, applications, and information resources in its data centers and the Cloud (public and private).

Since the solution is cloud-based, it can be easily and quickly be scaled to support up to the entire CBP user population without requiring the purchase or upgrade of hardware that could potentially take months to procure, install, test, and implement.

The Base Period of Performance is 7/13/2021 – 7/12/2022, with optional CLINs that CBP may exercise during the base period for additional subscriptions and premium support if needed. The estimated value of the Base Year is $480,803.04, and $650,308.14 with the optional CLINs.

CBP also anticipates two (2) option periods from 7/13/2022 – 7/12/2023 and 7/13/2023 – 7/12/2024. The total estimated value of this requirement, including all options, is $9,707,978.89.

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

Rationale:

This is a brand-name justification, as the items being sought are peculiar to one manufacturer.

See FAR 16.505(a) (4) (i). The exceptions at FAR 16.505(b) (2) (i) do not apply as this is a brand-name justification. However, the justification format at FAR 16.505(b) (2) (ii) (B) applies and is modified to reflect a brand-name justification. See FAR 16.505(a) (4) (ii). Fair opportunity will be limited to contract awardees under the NASA SEWP IDIQ, Group C as a 100% set-aside for Small Business who are authorized resellers of Zscaler solutions, or who have business relationships with authorized resellers that permit them to provide the required Zscaler solution and premium support.

Zscaler is unique in that it is the only Zero Trust Model service to be FedRAMP High Baseline authorized, providing the necessary level of security that meets DHS/CBP requirements. It is also a cloud-based solution that can replace or supplement the existing VPN-based remote access system without requiring any hardware. Zscaler can easily and quickly scale to provide the entire CBP workforce the Zero Trust model, which includes remote access, to its applications and information resources, both at its data centers and in the Cloud, without requiring hardware upgrades that could take months to procure, test, and implement. This solution allows CBP to follow the Presidential Executive Order 14028, of May 12, 2021, on Improving the Nation’s Cybersecurity.

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

The Contracting Officer has determined that issuing the proposed order under NASA SEWP multiple award contract represents the best value and will result in the lowest overall cost alternatives, considering price and administrative costs, to meet the Government’s needs. NASA SEWP, a multiple award IDIQ contract, is the preferred source to acquire commercially-available IT commodities to support DHS business units in accomplishing their assigned missions, and the rates are determined to be fair and reasonable. The Contracting Officer will use various price analysis techniques, including a comparison of proposed prices received to the IGCE and historical rates, to ensure the final agreed-to price is fair and reasonable. Adequate price competition is anticipated.

6. Any other facts supporting the justification.

CBP is in need of a Zero Trust Model solution, including remote access, that can quickly be deployed to support its workforce worldwide. The solution needs to allow CBP users access to all applications currently in its data centers and the various cloud service providers (CSPs).

Zscaler offers a virtual connector that can rapidly be deployed to the various cloud environments as well as our data centers without the need to send staff to the various locations.

7. 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.

CBP considered new technology within the context of cost, scalability, interoperability, compatibility, interface issues, and quick conversion in the commercial marketplace during the market research. Zscaler is still the first and only zero trust remote access service to be FedRAMP High Baseline authorized, providing a high level of security that meets DHS/CBP security requirements. CBP will consider new technology, within the context of cost, scalability, interoperability, compatibility, interface issues, and quick conversion, in the future commercial marketplace for equivalent viable options.

8. CBP intends to post this requirement on SAM.Gov pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification:

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.

Technical Representative/COR

July 9, 2021

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:

Contracting Officer Date

► JEFO Approvals:

11. COMPETITION ADVOCATE (Per FAR 16.505(b)(2)(ii)(C)(2) - Above $700,000, but not exceeding $13.5 million)

Approved Disapproved

Name (Print):

Competition Advocate

Signature: Date:

REINA A

FRIDAY

Digitally signed by REINA A

FRIDAY

Date: 2021.07.09 09:17:48 -04'00'

07/09/2021