JOFOC_-_NetApp_Brand_Name_Redacted.pdf

FEDERAL MEDIATION AND CONCILIATION SERVICE

One Independence Square 250 E Street, SW

Washington, D.C. 20427

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

BRAND NAME ONLY

1. Contracting Agency. Federal Mediation and Conciliation Service (FMCS), Washington, DC.

2. Nature of Action Being Approved. FMCS proposes to award a new firm-fixed price purchase order for maintenance of four (4) NetApp systems.

3. Description of Supplies or Services. FMCS has a requirement foran extended warranty and annual maintenance for four (4) NetApp FAS8020 Storage Systems as shown below:

ITEM NO. PART # DESCRIPTION OF ITEM QTY

0001 CS-O2-4HR-VA

SupportEdge Premium 4hr Onsite,VA NetApp FAS8020, Qty 2 Disk Shelves, 24x8TB, 7.2k, 0P, -C SNs: 721640000285,721640000286, 721640000287,721640000288 PoP: 11/1/2019 - 10/31/2020

0002 CS-R-NRD2-Y

Non Returnable Disk Plus,Renewal, y NetApp FAS8020, Qty 2 Disk Shelves, 24x8TB, 7.2k, 0P, -C SNs: 721640000285, 721640000286, 721640000287,721640000288 PoP: 11/1/2019 - 10/31/2020

CS-

WARRANTY-

EXTENSION-

VA

Warranty Extension,VA, FAS8020A, Post Warranty SNs: 721640000285, 721640000286, 721640000287,721640000288 PoP: 11/1/2019 - 10/31/2020

0004 N/A

Quarterly Healthchecks. Each healthcheck should consist of one week on-site visits to collect and analyze data to determine the overall efficiency, accuracy, and performance of the NetApp solution currently in place PoP: 11/1/2019 - 10/31/2020

4. Estimated Dollar Total Value.

5. Statutory Authority. The statutory authority for this action is 11.105(a)(1). 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.

FEDERAL MEDIATION AND CONCILIATION SERVICE

One Independence Square 250 E Street, SW

Washington, D.C. 20427

6. Applicability of Authority: FMCS’ NetApp hardware and software is currently under an active warranty and, per the NetApp Technical Support and Maintenance Sales Policy dated 28 Apr, 2016, obtaining NetApp hardware and/or NetApp software via Gray Market Support (non-authorized NetApp channels), will void NetApp’s Terms of Sale. As such, in order to maintain the existing warranty, the maintenance agreement must be with a NetApp authorized provider.

7. Efforts To Obtain Competition: The Contracting Officer will post this requirement on FedBizOpps for a period of not less than five (5) days.

8. Fair and Reasonable: It is anticipated that multiple quotes will be received in response to the solicitation posted on FedBizOpps. Consequently, fair and reasonableness will be based on adequate price competition.

9. Market Survey: Market research foud that multiple small businesses can provide the exact items needed by FMCS.

10. Further Competition: Once the warranty on the existing NetApp system expires, the Contracting Officer will explore options to post continued maintenance as Full and Open.

11. Contracting Officers Certification: I hereby certify that, to the best of my knowledge, this justification is accurate and complete.

Erika Faith Matthews Senior Contracting Officer, FMCS

Date: 25 October 2019