Attachment III Redacted Brand Name Justification.pdf
PDF 2 MB Posted
- Solicitation number
- JA-24-010
About this file
This document is a Brand Name Justification for a federal contract opportunity to provide Quantum hardware and software maintenance support services to the U.S. Coast Guard (USCG). The USCG requires the proprietary Quantum hardware and software to meet security requirements on its network infrastructure. The brand name exception to fair opportunity is justified under FAR 16.505(a)(4)(i) due to the unique and highly specialized nature of the Quantum products. Only authorized resellers and maintenance service providers registered with the manufacturer can provide the required security patches, technical support, and hardware/software updates. The contracting strategy is to compete the brand name Quantum maintenance requirement among multiple authorized resellers to ensure the Government receives fair and reasonable pricing. The contract was awarded on March 29, 2024 to an unknown vendor for an unknown amount.
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Justification for Exception to Fair Opportunity
Brand Name FAR 16.505(a)(4)(i)
4. Identify the exception to fair opportunity and supporting rationale. Justification for
Brand Name Exception to Fair Opportunity.
The statutory authority permitting exception to fair opportunity is FAR 16.505(b)(2)(i)(B). “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.” This requirement will be procuring items peculiar to one manufacturer on a brand name basis in accordance with
16.505(a)(4)(i).
Quantum hardware and software is proprietary and is currently used throughout the USCG network infrastructure. The Quantum annual hardware and software maintenance renewal must be purchased in order to keep the hardware and software up to date and receive security patches as they are released. No other brand can provide these proprietary hardware and software updates. The maintenance renewal is necessary to ensure can continue to meet the change management and configuration management mandates for all components that reside within its boundaries. Only an authorized reseller and maintenance service provider that is registered with the manufacturer will be able to provide this brand name support.
Due to the USCG’s need for proprietary Quantum requirements, the contracting strategy, which will provide the Government best value, is competing the brand-name Quantum renewal requirement.
5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.
The Contracting Officer determines that the anticipated cost will be fair and reasonable based on adequate price competition between two or more responsible offerors as there are multiple authorized Quantum resellers available on First Source II. The Contracting Officer will also perform a price analysis to determine that the price at the time of award represents the overall best value for the Government and is fair and reasonable.
6. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any
Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services
Required.
Currently, Quantum hardware and software is proprietary and is on the USCG network. The availability of multiple vendors that can provide Quantum brand name hardware and software maintenance ensures competition, although limited to the brand name Quantum. The USCG will also continue to survey the marketplace and evaluate the USCG’s requirements to discover viable alternatives to this brand name action and seek further competition.
Justification for Exception to Fair Opportunity
Brand Name FAR 16.505(a)(4)(i)
7. Contracting Officer’s Certification.
I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.
Contracting Officer
8. Technical/Requirements Personnel Certification.
I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.
Contracting Officer’s Representative
APPROVAL:
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