A17 Attachment 6 Brand Name Justification.pdf

Date 5/14/2020

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

BRAND NAME JUSTIFICATION

IT EQUIPMENT – HARDWARE/SOFTWARE

Pursuant to the Federal Acquisitions Regulation (FAR) Subpart 6.302-1(c), the National Labor Relations Board has determined the use of other than full and open competitive procedures is justification for this procurement action. Below is the justification for the use of brand name products.

Identification Number: Request for Proposals NLRB6320R001

1. Identification of the agency, contracting activity, and specific identification of the document as a justification for other than full and open competition.

The National Labor Relations Board (NLRB), Acquisitions Management Branch, proposes to enter into a contract on a basis of other than full and open competition for the Office of the Chief Information Officer (OCIO).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

The NLRB has a requirement that includes brand name hardware and software specific to a manufacturer. The NLRB anticipates awarding a multiple award, firm-Fixed Price Indefinite Delivery/Indefinite Quantity (ID/IQ) type Contract.

The period of performance is one base year with four-one year option periods.

3. A description of the supplies or services required to meet the agency’s needs.

The purpose of this ID/IQ is to provide a streamlined efficient purchasing contract and related processes for the NLRB to acquire a variety of Information Technology (IT) technology resources to include hardware and software.

Specific hardware and software requirements requests will be issued under separate task orders within this ID/IQ. The proposed equipment shall meet the stated minimum requirements as listed in the specific task order issued under this contract.

The NLRB intends to procure a brand name specification for the following (but not limited to):

Hardware:

Network Equipment

Workstations Printers/ Scanners

Telecommunication Devices

Peripherals Storage Devices

Cisco Lenovo HP Polycom Lenovo Sandisk

HPE

Proliant

Ricoh Jabra Dell Kingston

VMWare Kodak Apple Samsung HP Netgear Brother Epson Crucial Sandisk Centon Compaq Verbatim Sony

Software:

Adobe Microsoft Nuance Linux Cisco VMWare Siebel AutoDesk AutoCAD

HP

This will allow the OCIO to accomplish mission objectives with minimal disruption to day to day activities. The standardization of equipment also improves the NLRB’s ability to provide support as it promotes an experience base familiar with supporting these items.

Estimated Dollar Amount: $10,000,000.00 (Aggregate Total).

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.253(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The NLRB requires comprehensive hardware and software products with innovative technological solutions and streamlined approaches in fulfilling its support needs. The primary objective of this contract is for the OCIO to obtain first class, scalable, enabling information management technologies in both hardware and software that users are proud of and the public deserves. The vendor(s) shall support the OCIO in building on continuous improvement to enhance Agency-wide technology operations. The OCIO requires an Enterprise Technology Portfolio that enables the Agency’s mission in exciting new ways and at a substantially lower total lifecycle cost.

If the NLRB procures different brands beyond those specified within this justification, the NLRB will sustain duplication of cost to the Government, because such duplication within the network environment must be supported by additional resources to redevelop imaging processes, validate application/environment compatibility against FDCC, USGCB, FISMA CDM and NLRB specific security protocols, test and develop group policy management controls and end-user usability features. Furthermore, a change in brand names requires establishing new Enterprise Architecture and Standard Operating Procedures that would result in unacceptable delays in fulfilling the Agency’s requirements. Additionally, the introduction of additional models would be counterproductive by failing to leverage the NLRB’s current training and significant experience with these products.

The incorporation of additional brand names and devices would likely increase the NLRB’s administrative burden. Retaining a standard, uniform line of equipment allows the NLRB the ability to substitute malfunctioning equipment with identical functioning equipment to avoid issues related to compatibility and functionality. The standardization of equipment also improves the NLRB’s ability to provide support as it promotes an experience base familiar with supporting these items.

5. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable.

In accordance with FAR 5.102(a)(6), the Contracting Officer shall include the justification with the solicitation.

6. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The requirement will be posted to allow for adequate price competition.

Additionally, award of a multiple Indefinite Delivery/Indefinite Quantity Contract will allow for price competition amount the selected contractors to ensure anticipated prices will be fair and reasonable.

7. A description of the market research conducted and the results.

The OCIO performed web-based market research to determine if there were alternatives. The NLRB believes that award to any other brands would result in substantial duplication of cost that is not expected to be recovered through competition and would result in unacceptable delays in fulfilling agency objectives. As a result, while comparable products "may" exist, NLRB market research focused on available sources to fulfill our requirements.

8. Any other facts supporting the use of other than full and open competition.

The NLRB anticipates awarding a multiple ID/IQ contract for this requirement which will be beneficial to both the NLRB and the contractors through the creation of a streamlined acquisition vehicle that will be more efficient and cost-effective. These benefits include cost savings due to the reduction in Government and supplier overhead needed to develop, negotiate, monitor and re-compete contracts and streamlined ordering, billing and distribution process.

9. A listing of any sources that expressed a written interest in the acquisition.

N/A

10. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

This justification will be posted to the Government Point of Entry with the Solicitation. The NLRB will continue to conduct market research to determine if nay other hardware/software and/or services become available that can fulfill the Government’s requirements.

Certification

The information contained in this justification for other than full and open competition is certified accurate and complete to the best of my knowledge and belief.

Acquisition Initiator:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer:

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

Reviews and Approvals

Competition Advocate:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.