Justification_and_Approval.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 13.501(a), Brand Name

National Archives and Records Administration (NARA) 8601 Adelphi Road College Park, MD 20740-6001

Hitachi Appliance Maintenance, Support and Licensing for Hitachi Storage Platform

Technical or Representative's Personnel Certification:

I hereby certify that this justification for other than full and open competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of a desire to expend funds while those funds are still available.

Technical Point of Contact (IOS)

Contracting Officer Concurrence:

I have reviewed this justification and conclude it is accurate and complete to the best of my knowledge and belief.

Contracting Officer (Z)

General Counsel Concurrence:

I have reviewed this justification and consider it legally sufficient.

Legal Counsel (NGC)

NARA Competition Advocate Approval:

I have reviewed this justification and hereby certify that it is accurate and complete to the best of my knowledge and belief. In accordance with FAR 13.501(a)(2) and NARA 501, I approve this justification.

Competition Advocate (B)

I. IDENIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A "JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION."

See Page 1.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

The National Archives and Records Administration (NARA) is seeking to limit competition for this requirement to certified/authorized resellers that can provide brand name only items, specifically Hitachi Appliance maintenance, support and licensing for Hitachi Storage Platform.

III. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE).

NARA has a requirement for Hitachi Appliance maintenance, support and licensing for Hitachi Storage Platform located at the National Archives Data Center in Rocket Center, WV 26726. The Hitachi Storage Platform is an integral part of the ERA Executive Office of the President (EOP) framework, providing for the preservation, protection, and access to the Congressional records instance (CRI). This maintenance service ensures that Archivists are able to review and produce copies of Congressional records in an entirely online environment.

The period of performance is August 16, 2019 through August 15, 2020.

IV. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION.

41 U.S.C. §1901, Simplified Acquisition Procedures; as implemented by FAR13.500 et seq. & 41 U.S.C § 3304 (a)(5), Use of Noncompetitive Procedures.

V. A DEMONSTRATION THAT THE PROPOSED CONRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

As is the case with other data storage systems, Hitachi includes proprietary configurations and software that can only be supported by the owner/developer or its authorized resellers. Hitachi as the owner/developer of the Hitachi Storage Platform, owns all rights to the sale, support and distribution of the Hitachi storage systems. Due to the proprietary nature of the storage system NARA cannot reasonably compete this requirement as other than brand name. Hitachi products are the only products capable of fulfilling NARA’s requirement.

VI. A DESCRIPTION OF THE EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES.

This J&A will be posted on FedBizOpps with the solicitation as a combined synopsis solicitation in accordance with FAR Subpart 12.6 in order to maximize potential competition. Furthermore, this will provide other maintenance and support resellers notice of the requirement.

VII. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

NARA developed an Independent Government Cost Estimate (IGCE) and will use it as a basis for determining a fair and reasonable price. Competition among resellers is expected. Multiple quotations establishes price reasonableness based on adequate price competition.

VIII. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED.

NARA conducted market research for authorized/certified resellers of Hitachi maintenance, support and licensing for Hitachi Storage Platform and determined there are two (2) authorized/certified resellers: ViOn Corporation and EC America.

When the Hitachi Storage Platform reaches end-of-life, NARA ERA Engineers will evaluate the possibility of another Storage Platform that will integrate within the ERA system. In the meantime continuing annual maintenance and support is the most cost effective solution for the storage devices that NARA already owns. Hitachi has not provided any current end-of-life estimates for the Hitachi Storage Platform.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION.

None.

X. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION.

None.

NARA will continue to monitor the market place for maintenance, support and licensing capable of fulfilling the requirement, based on its needs.

See page 1.