Attachment_1_JOFOC_Brand_Name.pdf

United States Department of the Interior Office of the Assistant Secretary - Indian Affairs

Washington, DC 20240

BRAND NAME JUSTIFICATION

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901

PR/SOL/CONTRACT # 40612300

Control # 23-0126

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Brand Name Justification.”

Contracting Activity: This document is a brand name justification for other than full and open competition for the Department of the Interior, Bureau of Indian Affairs, Central Office, Office of Information Management Technology (OIMT).

2. Nature and/or description of the action being approved.

This requirement is for VMware's Remote Office Branch Office (ROBO) ESXi license renewal.

Requirement:

Follow-On

Pricing:

Firm-Fixed Price

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The BIA is 100% in an IA virtual environment. VMware is the current application used which has intellectual property that differentiates their software from their competitors.

This is for conversion of the current application.

4. An Identification of the statutory authority permitting other than full and open competition.

FAR 13.501(a), 41 U.S.C. 1901

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

All virtual infrastructure in IA is under the VMware architecture. To migrate to a different architecture would require re-tooling of all IA infrastructure and would be very costly.

System engineers have been trained on VMware’s virtual applications and would require many hours of retraining should another application be used. If any other application were to be used, the current VMware warranties would be void.

6. A description of 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.

The requirement will be posted for solicitation as an Indian Small Business Economic Enterprise (ISBEE) set-aside.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on adequate price competition expected to result from the solicitation.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market Research indicates that several ISBEE resellers are available to submit a competitive quote for this brand name storage software.

9. Any other facts supporting the use of justification of other than full and open competition, such as:

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

11. A statement of any actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.