A1.16.JA.SoleSource.v2.pdf

NETAPP MAINTENANCE PURCHASE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION – APPLICATION

FOR BRAND NAME DESCRIPTIONS

I. BACKGROUND:

1. FAR 6.302-1(c)(1) states an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited. This memorandum has been written in accordance with FAR 6.303 and 6.304.

II. DESCRIPTION OF ITEM OR SERVICE:

This requirement is limited to the purchase of additional NETAPP maintenance. NETAPP maintenance is required for both the storage of critical business data and for legacy network compliance. Both which are then replicated with NETAPP onto NMCI. A change in supply by another manufacturer would lead to a change in equipment for NMCI and also void the warranty.

The requested maintenance of Support Edge and Non-Returnable Disk service is required from the Original Equipment Manufacturer (OEM) due to proprietary information. The requested additional maintenance is required before 1 March 2019.

The requested NETAPP maintenance is a brand name available via authorized resellers. ONR currently has an existing contract with FCN Inc., a Woman-Owned Small Business, via award N00014-18-F-4010 for hardware and maintenance of existing NETAPP equipment.

The modification will be executed in accordance with FAR 6.302-1(c) Application for Brand Name Descriptions. This modification is an out of scope change to provide for the addition of NETAPP maintenance, which is currently identified in the original statement of work for the existing award N00014-18-F-4010. The addition of the MATLAB modules will increase the purchase order price by an estimated $126,000, from $234,000 to $344,000, which is a 54% increase in overall price. A revised statement of work will be included in the modification. This will be a bilateral modification.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. ____ OTHER REASONS.

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

NETAPP maintenance by name is required for both the storage of critical business data and for legacy network compliance by ONR users, IT systems, and processes are already configured to utilize this equipment. Recurring maintenance for existing NETAPP equipment has been required for several years and ONR has NETAPP hardware available and in use. The additional maintenance, Support Edge and Non-Returnable Disk service are required by OEM.

Furthermore, NETAPP maintenance has already been approved by ONR and previously purchased via Government Purchase Card from authorized resellers.

The ONR Program Officer’s request this product by name due to its performance, industry use, and unique capability for existing hardware.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.

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.

06 703-696-4015

John Whitehead Code Phone Date

B. Contracting Officer Certification/Approval.

CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR (13.106-1(b)

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

254 703-696-4126

Marie Devine Code Phone Date john.l.whitehead Typewritten Text john.l.whitehead Typewritten Text 19-Feb-19

NETAPP MAINTENANCE PURCHASE