4.2 Brand Name Justification_1.pdf

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity.

This justification is executed by the Naval Medical Research Center (NMRC), Silver Spring, MD, on behalf of the Navy to meet Navy Expeditionary Medical Research requirements.

2. Nature and/or description of the action.

The proposed action is for acquisition of service and support for Rubrik specific products. The Government intends on awarding a Firm Fixed Price contract.

Qty 30 - RS-BT-FUE-RSCP-PE-PP Rubrik Security Cloud - Private, Upgrade from Foundation Edition to Enterprise Edition, Premium support; PP

Qty 1 - RS-NRD-R6000S Non-Returnable Disk Service for Rubrik r6000S Appliance

Qty 30 - RS-BT-FE-RSCP-PE-PP Rubrik Security Cloud - Private, Foundation Edition, per usable BETB, Premium Support, Prepay

Qty 1 - RS-HW-SVC-PE-S2 Support for R6000S-2 hardware, 1 Year Support; Premium support

3. Description of Supplies or Services:

The Naval Medical Research Unit - Dayton has a critical need for the below. This software and server maintenance is required as the organization has purchased and put into system a Rubrik server. Software other than "Rubrik" is incompatible with the system in use. Navy Operation and Maintenance Fiscal Year 2024 funds for the base year will be used to procure the software and services needed to maintain the backup server.

FY2024 OMN funds for the base year for software and service.

FY2025 OMN funds for option year 1 for software and service.

FY2026 OMN funds for option year 2 for software and service.

4. Identification of the statutory exceptions permitting other than full and open competition (Brand Nafme).

The statutory exception permitting other than full and open competition for this acquisition is 10 U.S.C.2304(c)(1) or 41 U.S.C.3304(a)(1) and FAR 6.302-1(c) for brand name justification.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Rubrik software and support is necessary to maintain the backup server already in system.

No other software or support is compatible with the Rubrik server that is currently being used.

Rubrik is the sole provider for the software that provides backup services for the system that

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Market research was performed, the results of which are in paragraph 8. This requirement will be posted to GSA in accordance with FAR 5.202.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer shall determine the anticipated cost to the Government of the supplies/ services covered by this Justification and Approval will be fair and reasonable by conducting a price analysis before an award is made. In addition, the Government anticipates that the negotiated contract price will reflect a discount from the Rubrik's commercial price list and will be determined fair and reasonable.

8. Description of the market survey conducted and the results, or a statement of the reasons a market survey was not conducted.

Market research was conducted by technical experts in the August - September 2024 timeframe.

This research consisted of a market survey through GSA Advantage for existing contracts and vendors.

9. Other facts supporting the use of other than full and open competition.

N/A

10. Listing of Sources, if any, which expressed, in writing, an interest in the acquisition.

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

11. Statement of 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.

Future requirements will be synopsized in accordance with FAR 5.203.

For the reasons set forth in Paragraph 5, (contracting activity) has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, (NMRC) will assess whether competition for future requirements are feasible.

12. Point of Contact.

The point of contact at the Naval Medical Research Command, Silver Spring, MD, regarding the contents of the brand name justification are the Contracting Officers in the Material Management Department (MMD) and can be reached by emailing usn.detrick.nmrc.mbx.mmd-contracts@health.mil.

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED

BY NAVSUP 4200.83 series

I certify that the facts and representations under my cognizance which are included in this justification and approval and which form a basis for this justification are complete and accurate.

Technical Cognizance

Phone Date Andrew Young IT Specialist Admin/IT

Requirements Cognizance

Phone Date Paul Bloomer Lead IT Specialist Admin/IT

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge.

Contracting Officer Phone Date

Technical Cognizance

Date: 13 SEP 24