C01 Synopsis of Award - JnA Posting.pdf

CONTROL NUMBER VA-27-00006860

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition, and Logistics

Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action: The proposed action is for the issuance of a Firm-Fixed Price

Delivery Order issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC) for renewal of brand name NetApp, Inc. (NetApp) storage systems hardware and software maintenance and support, with hard drive retention, training, and Service Account Manager (SAM) services.

3. Description of the Supplies or Services: The proposed action is for the renewal of brand name NetApp hardware and software maintenance and support for an existing VA-owned NetApp converged infrastructure solution for the VA Office of Information and Technology (OIT). OIT uses the NetApp storage devices to support Veterans Integrated System and Technology Applications, data server virtualization operations and associated backups, site File Shares and critical medical and administrative data. VA’s brand name NetApp infrastructure solution ensures no loss of this data that impacts Veterans, benefits claims, and medical records as VA relies heavily on the data stored within the NetApp infrastructure for patient care information. The VA’s NetApp infrastructure is vital in providing storge with high-availability, virtualized servers for VA facilities, including fault-tolerance and in-use migrations to support clinical and administrative use cases, that results in zero loss of Veteran data. This requirement is only for maintenance and support of existing VA’s NetApp hardware and software converged infrastructure solution; no hardware or software will be procured. OIT requires a Service Level Agreement monitoring plan and associated reporting. Service Level Agreement shall include response and resolution times in accordance with NetApp’s commercial standards, including 99.999% uptime for NetApp systems covered and four-hour on-site response for emergency dispatches. Maintenance and support includes 24 hours a day X 7 days a week X 365 days a year remote hardware and software technical support with targeted responses, onsite support, and repair and minor updates and upgrades to the VA’s NetApp infrastructure solution. As part of the maintenance services, hardware parts will be replaced as needed. VA will retain indefinitely any storage media or component capable of retaining VA data, such as hard disk drives. The maintenance and support will ensure the VA’s NetApp infrastructure solution remain operational and functions as intended. In addition, the Contractor may be required to provide blocks of training credits and SAM services to ensure VA staff are trained in the NetApp infrastructure and to provide a dedicated point of contact to identify risks and recommend resolutions.

The period of performance shall be for a 12-month base period, 1 12-month option period with 2 optional tasks for NetApp training and NetApp SAM service.

, inclusive of all options.

NetApp Hardware and Software CONTROL NUMBER VA-27-00006860 Maintenance and Support Services

4. Statutory Authority: Pursuant to Federal Acquisition Regulation (FAR) Subpart 16.507-7(b) the following brand name requirement is being justified and approved as an exception to fair opportunity under the statutory authority of Section 41 U.S.C.

4106(c)(2) as implemented by FAR Subpart 16.507-6(b)(2) entitled “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized”.

5. Rationale Supporting Use of Authority Cited Above: Based upon market research, as described in Section 8 of this justification, it was determined that limited competition is available among authorized resellers for the required brand name NetApp storage systems hardware and software maintenance support, with hard drive retention, training, and SAM services. As part of this requirement, VA requires continued hardware and software maintenance support for the operation of the VA owned NetApp converged infrastructure solution, including existing device configurations and the VA’s 30 NetApp appliances. The requirement to resolve NetApp hardware and software issues can only be addressed through software updates, replacement parts and onsite hardware repair. Only NetApp and its authorized resellers are capable of providing the necessary software, firmware, technician, and parts due to the proprietary nature of the software and firmware, and warranty requirement to use NetApp brand name technicians and parts. Brand name NetApp storage systems hardware and software maintenance and support, with hard drive retention, training, and SAM services all require access to NetApp’s proprietary software and firmware to push updates and fixes to VA’s NetApp devices and/or provide parts with embedded firmware. Updates ensure the NetApp devices have the most up to date security updates, resolve code defects, and ensure the NetApp appliances continue to function as intended. Direct hardware and software support ensures that there is no loss of Veteran data. Only NetApp or a NetApp authorized reseller can provide complete maintenance for these devices, use of any other maintenance would require a complete replacement of all 30 NetApp appliances. OIT estimates that to procure, install, reconfigure, migrate, and train staff on a new storage infrastructure solution would take approximately 12 months and would cost approximately $52,000,000, considering the current shortages in storage devices due to Artificial Intelligence demand for storage products. OIT based these costs on market research of similar transitions, and these costs are not expected to be recovered through competition. That effort would include the procurement of new hardware and software, installation of this hardware, configuration of the hardware, testing the hardware and configuration, and migration of the current data. In addition, replacement of the current solution would require a significant reengineering effort and increase the risk of a disruption to VA server virtualization operations, site File Shares, and critical medical and administrative systems to an unacceptable level.

Without brand name NetApp storage systems hardware and software maintenance and support, with hard drive retention, training, and SAM services, VA’s ability to perform its mission of serving the Veteran would be significantly compromised.

Procurement of the required brand name NetApp storage systems hardware and software maintenance and support, with hard drive retention, training, and SAM services will ensure that the VA’s NetApp converged infrastructure functions as intended without interruption.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in Section 8 of this justification. This effort did not yield any additional sources that could meet the Government’s requirements. It was determined that limited competition is viable among resellers for these brand name items. In accordance with FAR 16.507-7(c)(1), this justification will be provided with the solicitation to all Service-Disabled Veteran-Owned Small Business NASA SEWP V GWAC holders.

Furthermore, in accordance with FAR 5.301(a), the award notice for this action will be synopsized on the Contract Opportunities website.

7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: The Government’s technical experts conducted market research in February and March of 2026 to ascertain the ability of sources other than NetApp or its authorized resellers to provide the brand name NetApp storage systems hardware and software maintenance and support, with hard drive retention, training, and SAM services. Specifically, the Government’s technical experts conducted web-based research of similar offerings from alternative manufacturers such as Cisco, Hewlett Packard, EMC Corporation, and International Business Machines. The technical experts discovered that although similar offerings exist, they are not compatible or interoperable with the existing VA owned NetApp converged infrastructure and are not capable of maintaining brand name NetApp converged infrastructure as they do not have the ability to access or modify NetApp’s proprietary code or provide brand name NetApp replacement parts with the associated firmware. Unauthorized maintenance providers do not have access to the proprietary data on the existing NetApp storage hardware to be able to provide the required maintenance for repair, minor updates and upgrades on the NetApp storage solutions. As a result, the Government’s technical experts concluded that only NetApp and its authorized resellers have the capability to provide the necessary hardware and software maintenance support for VA’s existing NetApp converged infrastructure. In addition, the Government’s technical experts posted a Market Research Request on the NASA SEWP V website on February 12, 2026. Four responses from Service-Disabled Veteran Owned Small Businesses (SDVOSB) were received, including Colossal Contracting, SDVO Solutions, V3Gate, and ThunderCat Technology, as well as one response from WestWind, a Small Business (SB). The Government’s technical experts reviewed the responses and determined that the four SDVOSB vendors were capable of meeting the full requirement. The one respondent that was found not capable proposed third-party support and the offered solution could not provide the required software and firmware updates.

Based on all the market research, the Government’s technical experts determined that only the brand name NetApp storage systems hardware and software maintenance and support, with hard drive retention, training, and SAM services can meet VA’s technical and functional requirements.

Additionally, the Contract Specialist (CS) conducted market research in January 2026, using the NASA SEWP V GWAC market research and provider lookup tools to determine what vendors could provide the full requirement. Based on this market research, the CS identified several SDVOSB contract holders that were NetApp authorized resellers, capable of providing for the full requirement. The CS also conducted market research in October 2026 by issuing Requests for Information (RFI) on the NASA SEWP V website, General Services Administration’s eBuy website, and the System for Award Management Contracting Opportunities website.

The RFIs were posted on October 6, 2026. The purpose of the RFIs was to determine, if there were other authorized brands that could meet the requirements;

the availability of sources that were able to meet the requirements and authorized as a reseller/provider of brand name NetApp; if set-aside opportunities exist; and what the appropriate Government Point of Entry to use. In addition, the RFI requested informal quotes that also identified the appropriate NetApp nomenclatures and part numbers for the requirements.

Five responses were received. In addition, two NASA SEWP V GWAC holders stated that they would have responded if more time had been provided. The Government’s technical experts found that all respondents only offered brand name NetApp, and one respondent stated that only NetApp could meet the requirements.

The Government’s technical experts determined that RV Global Solutions Inc (Historically Underutilized Business Zone (HUBZone) Small Business (SB)), SemperMade LLC (SDVOSB), and OREADY LLC (SB) were not capable of meeting the requirements because these respondents were not NetApp authorized vendors and did not provide an alternative solution. In its response, Skytech LLC (SDVOSB) was found to be potentially capable as they asserted that Skytech would be able to obtain authorization to resell NetApp services, software, and equipment. The fifth respondent, ThunderCat Technology, LLC, a SDVOSB and NASA SEWP V GWAC holder, the Government’s technical experts determined that ThunderCat was capable of meeting the full technical and functional requirements. Specifically, the Government’s technical experts stated ThunderCat demonstrated they were a NetApp Authorized vendor and provided an informal pricing that conformed to the requirements. The CS closed the loop on the RFI’s on October 22, 2026, informing industry that VA intends to proceed with a brand name NetApp requirement on the

NASA SEWP V GWAC.

Based on this market research, there is a reasonable expectation of competition between at least two capable SDVOSBs on the NASA SEWP V website. Therefore, a Request for Quote will be released as an SDVOSB set-aside under the existing NASA SEWP V contract vehicle.

9. Other Facts: None.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Date

Program Manager Office of Information & Technology

11.Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this action will be fair and reasonable because NASA SEWP V GWAC prices have previously been determined fair and reasonable.

Additionally, price competition is expected among authorized resellers for this action.

Additional price analysis may be performed in accordance with FAR 15.404-1(b).

a Date

Contracting Officer Technology Acquisition Center

12.Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date

Contracting Officer Technology Acquisition Center

October 22, 2026

October 22, 2026

Advocate for Competition Approval

In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of brand name NetApp storage systems hardware and software maintenance and support, with hard drive retention, training, and SAM services on an other than fair opportunity basis pursuant to the authority cited in Section 4 above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition.

Date

Advocate for Competition Technology Acquisition Center Office of Procurement Operations

CAI MEMORY 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