Attachment 2 - Brand Name Class JA.pdf

CLASS JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY UNDER

FEDERAL ACQUISITION REGULATION (FAR) SUBPART 16.5 ACQUISITIONS

BRAND-NAME

Multiple Award Schedule/Multiple Award Contract (MAC)

Orders under MAC/Fair Opportunity- FAR 16.505

Purchase Request Number: Various Contract Number: Various Task/Delivery Order Number: Various Procurement Title: Consolidated Class Justification and Approval (J&A) for Department of Defense (DoD) Information Network (DODIN) Equipment -- Hardware, Incidental Software, and Associated Maintenance Services Estimated Value:

Primary Authority: FAR 16.505(a)(4); see paragraph 4(j) for additional authorities

BRAND-NAME JUSTIFICATION

J&A Number: JA21-093

Upon the basis of the following justification, I, as the Senior Procurement Executive (SPE) hereby approve this exception to fair opportunity, pursuant to 10 U.S.C. §2304c(b)(2) and FAR 16.505(a)(4). As described in Para 4(j) below, FAR 8.405-6(b)(1) or FAR 6.302-1(c) may also be used. The particular brand name product(s), as outlined below, are essential to the Government's requirements, because only products which have been tested and approved for use on the DODIN can be connected to the system.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

The requiring activity for this procurement is:

Defense Information Systems Agency (DISA)/Operations Center, Logistics and Contracts Division 6910 Cooper Avenue Fort Meade, Maryland 20755-0549

The contracting activity is:

DISA

DITCO/PL832

2300 East Drive Scott Air Force Base, Illinois 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S) BEING APPROVED:

a. The DODIN is the core global enterprise network of the United States military, comprising DoD-owned and leased telecommunications networks, subsystems, and operations support. The President, Office of the Secretary of Defense, military departments, defense agencies, combatant commanders, operating forces, and coalition partners all depend on the DODIN for secure and sensitive voice, data, video, and bandwidth services. In the future, the scope of DODIN services

Consolidated Class J&A for DoDIN Equipment -- Hardware, Incidental Software, and Associated Maintenance Services – JA21-093 may expand to support Federal agencies outside of the DoD. The DODIN, provides the backbone for critical functionality for the warfighters and all those who support them.

b. The DODIN supports transmission of voice, data, imagery, and video at all security classification levels. The secure network supports flexible and rapid provisioning and is easily extended and capable of accepting future technology insertions. It provides seamless interfaces to commercial networks to support increased, highly secure traffic during surge and contingency conditions. It is capable of rapid restoration in order to minimize the necessity for independent/stand-alone operations. The network employs appropriate cyber security (CS) and security measures to address known threats. These measures have been implemented to protect mission data and safeguard system resources and information to ensure system availability in all conflict/threat scenarios. Using the DoD CS Strategy and available information security techniques and tools, the network supports information transfer at all classification levels and is in accordance with governing security guidelines.

c. The military services and agencies in the DoD are authorized users of the DODIN. In the future, Federal agencies outside of the DoD may also be considered authorized users of the DODIN. The DODIN is the backbone of the military's massive information network and a vital link in meeting DoD's net-centricity goals.

d. This class J&A is for acquisition of both major and minor equipment. The scope also includes software incidental to the hardware, which is required to efficiently manage and maintain the current and approved DODIN configuration. Examples of major equipment items include: provider edge and core routers, optical networking equipment, synchronous optical network switching gear, and fiber. Examples of minor equipment items include: spares, replacement parts, network equipment, storage devices, security tools, and other information technology products. These products are necessary to maintain and sustain an existing operational infrastructure, replace end-of-life products to current supported versions, and preserve the approved and Joint Interoperability Test Command-certified configuration baseline.

The scope of the class justification will also include logical follow-on services when limited sources are necessary to maintain warranty. These services include installation and on-going maintenance on the equipment purchased under this authority when the original equipment manufacturer (OEM) requires only authorized representatives provide such services.

e. This class J&A limits the competition for DODIN equipment requirements to those products listed in the DODIN Approved Products List (APL), which have been tested and approved for a specific intended purpose related to the DODIN. The DODIN APL is established in accordance with the Unified Capabilities Requirements (UCR) 2013 Change 2 document (dated September 14, 2017) and mandated by the DoD Instruction 8100.04. Its purpose is to maintain a single consolidated list of products that have completed interoperability and CS certification. Use of the DODIN APL allows DoD components to purchase and operate systems over all DoD network infrastructures. The test process associated with the DODIN APL maintains the operational baseline of the DODIN by ensuring that all equipment and software installed on the DODIN will not cause degradation in performance. The current DODIN APL contains over 2,500 items, with a large variety of brands and manufacturers. The manufacturers identified in the DODIN APL obtain a Government sponsor and can apply to have their items tested and added to the DODIN APL at any time. The baseline products have been tested and certified in accordance with the DODIN Test and Evaluation Strategy and meet the requirements of the DODIN system characteristics found in Appendix A of the Defense Information Systems Network (DISN) Capstone Information Awareness Strategy (dated March 9, 2009), which outlines interoperability requirements, cyber security requirements, and net-ready requirements for the network.

f. This class J&A is intended to cover DODIN equipment requirements from October 1, 2021 through September 30, 2026. The approved J&A could be used by any of DISA's contracting activities. A competitive request for quotes will be issued to maximize competition among authorized resellers for specified products if available. A redacted copy of the approved class J&A will be posted with each requirement. Delivery orders issued under this authority will be firm-fixed price. The total estimated cost of the proposed acquisitions is broken down as follows:

Fiscal Year (FY) Requirements Total

FY22

FY23

FY24

FY25

FY26

Total

The total estimated value is based on the FY22 - FY26 technical refresh projections in addition to equipment for customer-funded projects, which includes a 30 percent index for potential leveraging by non-DISA customers. The projections are an assessment of current and future requirements for DODIN equipment. The estimate also accounts for instances of maintenance and installation services where the contractors are limited to authorized representatives from the OEM, so that warranties are not voided.

g. The class J&A for FY22 to FY26 will allow DISA to efficiently manage and maintain the current and approved DODIN configuration by procuring spares for existing equipment and deploying identical configurations of equipment previously installed.

3. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS: The equipment to be acquired under this class J&A is identified in the DODIN APL.

The equipment consists of the same makes and models currently used in the DODIN and has been tested and certified for DODIN interoperability, CS and security, integration, functional and operational requirements, and was implemented as part of various openly competed DODIN programs. Classes of approved products currently on the DODIN APL include Transport;

Routers/Switches; Security; Enterprise Network Management; Storage; and Hosts and Servers under the Network Infrastructure category. Under the Voice, Video and Data Services category, current classes of approved products include Classified Voice; Classified Video, Data; Sensitive but Unclassified (SBU) Voice; SBU Video; and Multi-Function Mobile Devices. As new equipment items or new categories are added to the DODIN APL, covered equipment would automatically be included under the authority of this class J&A.

4. SUPPORTING RATIONALE FOR BRAND-NAME JUSTIFICATION:

a. Historically, multiple J&As were issued for brand name requirements to support the DODIN due to the different authorities cited in the FAR. For FY 2012 through FY 2015, two primary class J&As were used: one for the National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SEWP) requirements and another for items purchased through General Services Administration (GSA) Schedules. Stand-alone J&As were used for both open market equipment, hardware, software purchases and installation, and on-going maintenance services from authorized representatives of the OEM. For FY 2018 through FY 2021, one class J&A was used to include all equipment connected to the DODIN. The basis of this J&A is to continue to include all equipment connected to the DODIN. All equipment must be on the DODIN APL to preserve integrity of the network. Sustaining and maintaining the DODIN can be accomplished more efficiently through a single, consolidated class J&A for all actions under this authority, based on the fact the rationale is identical. Market research will dictate the acquisition strategy for each action, including the best vehicle to accomplish the customer's requirements.

b. The equipment contained within the DODIN APL is a type of qualified products listing (QPL), as outlined in FAR 9.203. DISA maintains a web site (https://www.disa.mil/network-services/ucco) which provides OEMs with detailed information regarding the program. The process for adding items to the DODIN APL is outlined the DODIN APL Process Guide issued by DISA (current version is 2.6, dated December 2019) which can be accessed via the website.

The website provides information outlined in FAR 9.202(a)(2) to prospective offerors.

c. The SPE approval of this J&A determines that establishment of the DODIN APL meets the criteria for a QPL, as outlined in FAR 9.202(a)(l ). In order to maintain integrity of the DODIN, all items purchased must be on the DODIN APL for the specific intended purpose. Items that are not listed on the DODIN APL cannot be installed; therefore, purchasing such items would be a waste of Government resources. The approval requirements and specific costs for testing and evaluating items will vary, depending on the specific item and its intended application(s). OEMs may request their product(s) be added to the DODIN APL at any time in order to participate in future acquisitions for similar items.

d. Prior to acceptance of a package, using the authority contained within this J&A, the customer must affirm that the equipment/software/services which are limited to specific brand name(s) have been tested and approved for the specific intended use. When a brand-name-only requirement is identified, it will be noted on the request for quote; and competition will be restricted to products which were previously tested and accepted for a specific purpose in connection to the proper operations of the DODIN. Peripheral items that are not limited to a specific brand name under the DODIN APL process will be noted accordingly and will be competed on an "or equal" basis, with salient characteristics required for approval provided to offerors.

e. DISA requires the use of highly specialized items, because they are currently operating on the DODIN and are part of the baseline configuration. The equipment and incidental software on the DODIN APL meets requirements for minimum acceptable performance, as determined through functional and performance testing processes.

f. This contracting action is necessary to ensure the continuation of telecommunications services that support the continental United States and outside the continental United States sustaining base information infrastructure and allowing its rapid extension to deployed military forces anywhere in the world. This will enable the DODIN to continue providing the necessary communications services to the warfighter and other customers, without any interruption.

g. Procuring equipment/software for the DODIN APL that has not been included on the DODIN APL would result in significant additional cost, resources, and schedule slippages to the Government. For each purchase of equipment/software outside of the DODIN APL, the Government would need to perform new certification testing, to include equipment integration evaluation, interoperability certification, functional testing, operational testing and evaluation, cyber security and/or security testing, acceptance testing, and perhaps further development with the new equipment prior to any DODIN approval. It is estimated for each buy, an additional lead time of 180 days would be required. DODIN operators at the network operations (NetOps) centers would have to be trained to introduce new contractor equipment into the DODIN. The overall operational impact of introducing new contractor items into the architecture would be significant and affect readiness, operations and maintenance, configuration management, and NetOps of the DODIN. Additionally, permanent lab assets would have to be added/resourced for Tier III operations support in troubleshooting and support for future software patch and cyber security vulnerability alert testing.

h. The addition of non-tested items would require contractor-specific, network management software to be deployed to manage and control the new non-tested asset. This would require additional servers, training, and additional operators at the NetOps centers, as well.

i. Finally, if equipment and software incidental to the hardware is inserted into the network without having gone through the functional and performance testing processes, it would introduce unacceptable levels of risk with interoperability, cyber security capability, configuration management, and other technical performance parameters.

j. After completion of market research for each requirement, the contracting officer will select the best method for accomplishing the acquisition, which may include limited sources competitions on National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP), General Services Administration (GSA) schedules, other Governmentwide Acquisition Contracts (GWACs), and open market procurements. The specific authority for other than full and open competition on a given acquisition will be a function of the vehicle selected and the type of supplies/services acquired. Specific authorities for specific circumstances are as outlined below:

i. The primary authority for all actions covered under this J&A and competed as Fair Opportunity against the most appropriate contract vehicle (primarily NASA SEWP) is FAR 16.505(a)(4): Only the brand name products included on the DODIN APL can be used because those products are essential to the Government's requirements. As explained above, products listed on the DODIN APL have been pre-determined to meet all of the Government's needs, as outlined in FAR 9.203. No other products meet, or can be modified to meet, the Government's requirements until those products are added to the DODIN APL. As other products are proven, tested, and certified, they will be added to the DODIN APL and become a part of the integrated DODIN.

Products purchased outside of the DODIN APL cannot be connected to the DODIN.

ii. In the event multiple OEM products are listed and approved on the DODIN APL for a specific intended use, but only one product will actually meet the Governments requirements, the Program Manager will include information documenting the reasons for further restricting competition in the Market Research Report. This information will be transmitted along with the redacted J&A in the Request for Quotation for the specific acquisition.

iii. The authority for limiting sources to specific brand name product(s) when purchasing products from GSA Schedules is FAR 8.405-6(b)(l), items peculiar to one manufacturer - 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.

iv. The authority for an open market action is FAR 6.302-l(c), when the supplies or services required by the agency are available from only one responsible source or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided.

5. PRICE FAIR AND REASONABLE DETERMINATION: The contracting officer will make a determination as to whether the anticipated price to the Government is fair and reasonable, based on comparison of the independent Government cost estimates and the request for quote responses. Rates have already been established with the basic contract vehicles (e.g., NASA SEWP, GSA Schedules, other GWACs) and will be leveraged when available. All rates set forth in the contracts and used on individual orders were determined fair and reasonable. Pursuant to DoD policy, the contracting officer will seek additional discounts prior to placing any order. By placing an order against a GWAC (using the procedures in FAR 16.505) or the GSA schedule (using the procedures in FAR 8.405), DITCO will be able to conclude whether an order represents the best value to the Government. If market research determines an open market solicitation is in the best interest of the Government, the contracting officer will determine prices fair and reasonable, using commercial price lists, historical data, and competitive quotes.

6. MARKET RESEARCH:

This class J&A is for the equipment and incidental software on the DODIN APL, not for a single acquisition. Market research will be performed for each requirement and subsequent orders, based on the specific item and quantity. There is latitude within the identified contract vehicles (e.g., NASA SEWP, GSA Schedules, and other GWACs) for small business set-asides; and the market research findings will be coordinated through the DISA Office of Small Business

Consolidated Class J&A for DoDIN Equipment -- Hardware, Incidental Software, and Associated Maintenance Services – JA21-093

TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance, which are included in the J&A, are accurate and complete, to the best of my knowledge and belief.

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance, which are included in the J&A, are accurate and complete, to the best of my knowledge and belief.

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete, to the best of my knowledge and belief.

SENIOR PROCUREMENT EXECUTIVE (SPE) APPROVAL: I have reviewed this justification and find it to be accurate and complete, to the best of my knowledge and belief.

Since this justification exceeds this review serves as approval.

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO