47QACA26K0829_Brand Name Justification Redacted_09-10-2026.pdf

CUI

Version 3 (Jan 2026)

Sole Source/ Brand Name Justification Authority: RFO-2025-FSS-GSAR 538.7104-3 and 538.7104-4

1. Identification of Agency and Activity

● Requesting Agency: Dell PowerEdge Support (HW Support)

● Contracting Activity: The Department of Housing and Urban Development

(HUD)

● Compliance Statement: This justification is executed pursuant to the requirements for documenting exceptions to fair opportunity under the Federal Supply Schedule program as prescribed in RFO-2025-FSS-GSAR 538.7104-3.

2. Description of Action

● Action Type: New FSS Order- This is a new order via a BPA Call Order or BPA holder for fair opportunity.

● Estimated Value: The total estimated value inclusive of base year and subsequent option periods.

● Statutory Basis: This acquisition is conducted under the authority of the Multiple Award Schedule Program, which constitutes a competitive procedure under 41 U.S.C. 152(3) and RFO-2025-FSS-GSAR 538.7102-1(a).

3. Performance Outcome & Requirement

● Requirement: The Government requires ongoing hardware maintenance and technical support services for the organization’s Dell PowerEdge server infrastructure, ensuring continued system availability, reliability, and performance in support of mission operations.

● Statutory Exception (Exceeding SAT): Per RFO-2025-FSS-GSAR 538.7104- 4(b)(1), the specific authority for this action is:

○ Brand Name: The particular brand name, product, or feature is essential to the ordering activity’s requirements, and market research indicates other companies’s similar products, or product lacking the particular feature, do not meet, or cannot be modified to meet, the need [Citation: RFO-2025-FSS-GSAR 538.7104-4(b)(1)].

4. Rationale for Brand Name or Sole Source

Version 2 (Feb 2026)

● Brand Name Justification: Brand Name Justification: This requirement specifies support services for existing Dell Storage Hardware, which includes proprietary features peculiar to the manufacturer Dell.

These services are specified because they provide the standardized support required to maintain compatibility with the agency’s existing mission-critical storage environment and support the agency's operational and technical requirements.

○ OS Microcode: Dell retains sole legal ownership and distribution rights for all microcode fixes, security advisories, and non-disruptive PowerMaxOS feature updates. Third-party maintenance providers do not have legal access to signed Dell microcode or proprietary software patches. Running production PowerMax storage without OEM code updates exposes mission-critical systems to unpatched security vulnerabilities and uncorrected microcode bugs.

○ Proprietary Telemetry and Proactive monitoring: This proprietary system uses machine learning algorithms to perform real-time health checks, predictive drive failure analysis, and automatic event management. Third-party maintenance providers cannot hook into or utilize the Dell CloudIQ telemetry pipeline to provide automated dispatch or proactive failure detection.

○ Non-Disruptive Upgrades: PowerMaxOS upgrades require specialized Remote Change Management (RCM) tools and Dell Remote Support procedures that execute online code loads across active director components without taking storage offline. Non-Dell engineers lack access to the specialized OEM tools and validation protocols required to perform transparent microcode updates without risk of storage engine panics or data corruption.

○ Hardware Integrity / Hardware Firmware: Dell PowerMax hardware components run customized, signed Dell-licensed firmware. Generic or off-the-shelf components fail the array's internal cryptographic validation, which can result in storage engine lockouts or data unavailability. Only Dell provides genuine, factory-certified parts specifically provisioned for PowerMax array architectures.

● Necessity and Market Research: The particular brand name, product or feature is essential to the agency’s requirements, and market research indicates that other companies’ similar products do not meet, and cannot be modified to meet, the agency’s need per RFO-2025-FSS-GSAR 538.7104-4(a)(1). Market research indicates that while multiple vendors can provide Dell products as authorized resellers, no alternative manufacturer can provide compatible components due to the proprietary nature of the Dell PowerEdge architecture. An RFI and BPA sources sought was issued identifying the requirement as brand name, further confirming the necessity of Dell products.

● Threshold-Specific Documentation: Not applicable as the estimated value exceeds the Simplified Acquisition Threshold.

5. Best Value and Pricing

● Baseline Fair and Reasonable: Ordering activities are not required to make a fair and reasonable price determination for FSS products, services, or solutions at the order level or BPA level as FSS contract pricing has been determined fair and reasonable per RFO-2025-FSS-GSAR 538.7102-2(d)(2).

● Order-Level Materials (OLMs): Any OLMs included are not the primary purpose of the order and a price reasonableness determination will be made for each OLM in accordance with RFO-2025-FSS-GSAR 538.7104-2(a)(3).

6. Future Competition

● Barriers: GSA and HUD will continue to monitor the marketplace and evaluate alternative solutions as part of future infrastructure modernization efforts. When the current Dell environment approaches end-of-life, HUD will assess other technologies and vendors to increase competition in future acquisitions.

7. Approvals & Signatures

● Requiring Agency Certification: I certify that the supporting data under my cognizance which forms the basis for this justification are accurate and complete to the best of my knowledge and belief.

● Contracting Specialist Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief [Citation: RFO-2025-FSS- GSAR 538.7104-3(c)(2)(ix)].

● Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief [Citation: RFO-2025-FSS- GSAR 538.7104-3(c)(2)(ix)].