7.1 B03 NSWCCD SSJ-BNJ-LSJ under $250K - HPE Simplivity - final_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

MEMORANDUM FOR FILE

FROM:

CODE:

SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full &

Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available.

2. FAR 8.405-6(b)(1) states Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

3. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

4. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address)

The proposed purchase order is for the extension of current HPE maintenance on 5 HPE Simplivity nodes, and 2 HPE compute nodes.

MANUFACTURER: Hewlett Packard Enterprise ADDRESS: 12010 Sunset Hills Rd, Reston, VA 20190

PHONE: (888) 342-2156

POC: Glenn Hagan

ESTIMATED TOTAL PRICE INCLUDING OPTIONS: $28,368.75

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

A. BRAND NAME:

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

HPE SimpliVity Support is only available from the Original Equipment Manufacturer (OEM), or their authorized distributor or technical representative for the OEM. An HPE maintenance contract includes not only hardware support, but also proprietary software support.

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

HPE Support Maintenance can only be purchased from the OEM or their authorized resellers. HPE Omnistack and Arbiter are two proprietary programs required to run on the Simplivity device and only HPE (and their authorized resellers) are authorized to work on those programs.

3. Other Reasons:

The HPE Simplivity nodes and compute nodes play a critical role in the functioning of the NSWCCD RDT&E network. We (Code 10411) utilize HPE Simplivity to provide the needed computing resources for many of our code servers and services. Therefore, it is imperative to maintain their warranty service to support optimal functioning and immediate access to repair, if needed.

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

Contracting Officer Signature Name / Title / Phone Date

DUHAIME.KRISTEN.M.1381611589 Digitally signed by DUHAIME.KRISTEN.M.1381611589 Date: 2023.07.17 14:44:00 -04'00'