Brand Name Justification CLOUDFLARE FINAL for SAM _Redacted.pdf

U.S. Department of Justice Justice Management Division Procurement Services Staff Washington, D.C. 20530

PSS Control No: 25JA-PSS0017

Justification for an Exception to Fair Opportunity (Brand Name Justification)

1. Identification of the agency and the contracting activity.

The requiring organization is the United States Department of Justice (DOJ), Justice Management Division (JMD), Service Delivery Staff (SDS). The contracting activity is the JMD Procurement Services Staff (PSS).

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

This is a Justification for an Exception to Fair Opportunity for Brand Name to establish a Delivery Order with Options under the National Aeronautics and Space Administration (NASA)’s Solutions for Enterprise-Wide Procurement (SEWP) V, Government-Wide Acquisition Contract (GWAC) for Cloudflare Domain Name System (DNS) security and reverse proxy solutions. The requirement will be competed amongst SEWP contract-holders who are authorized to sell Cloudflare products and associated maintenance support services.

3. Description of the supplies or services required, including the estimated value.

The Service Delivery Staff (SDS) require a FedRAMP DNS security solution that will provide the following services:

• DNS Management

• Distributed Denial of Service (DDoS) Protection

• Content Delivery Network

• Catching and Optimization

• Reverse Proxy Solution Based upon the Independent Government Cost Estimate, the projected expenditure for this acquisition is The anticipated period of performance is one (1), 12-month base period and three (3), 12-month options.

The current contract is due to expire on September 30, 2025.

4. Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

This acquisition is conducted under the authority of 41 U.S.C § 3304 as implemented by Federal Acquisition Regulation (FAR) 16.505(a)(4)(i).

Brand Name Justification Page 2 Subject: FY26 Cloudflare Renewal

Rationale Supporting Use of Authority Cited Above

The Department requires a product peculiar to one manufacturer, Cloudflare. DOJ has invested a substantial amount to develop the required functionality for DNS management, DDoS protection, Content Delivery Network, Caching and Optimization, and Reverse Proxy Solution using the Cloudflare solution. A shift to another solution would require re-architecting critical network and security functions, which would cause service disruptions and introduce vulnerabilities during migration. This product is available either directly from Cloudflare or from authorized Cloudflare resellers, so the DOJ will be able to conduct a limited competition for these products under the NASA SEWP V contract.

Market research completed in September 2025 revealed numerous NASA SEWP V GWAC holders that are authorized resellers of the required brand name Cloudflare under North American Industry Classification System code: 541519 – Information Technology Value Added Resellers with a Size Standard of 150 employees. In addition, there are sufficient small businesses resellers for this procurement to be a total small business set-aside pursuant to FAR 19.5. In accordance with FAR 16.505(a)(4)(iii)(A), the justification will be posted with the request for solicitation on the NASA SEWP V GWAC. Alternative solutions were not reviewed since Cloudflare has been implemented as the enterprise platform for DDoS protection, Content Delivery Network, and Caching and Optimization, and Reverse Proxy for the Department. Conducting new market research would result in unnecessary duplication of effort, increased costs, and potential service disruption, while providing no additional mission benefit.

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

The requirement will be competed among SEWP V contract-holders who are authorized to sell the Cloudflare products and support services. Delivery orders placed under the SEWP contract must comply with FAR 16.505 - Ordering, to provide all qualified contract holders fair opportunity to submit a quote. As a result, the competition will ensure the Government receives the most favorable pricing. Although SEWP prices are considered fair and reasonable at the contract level in accordance with FAR 15.4 - Contract Pricing, additional discounts will be sought for this acquisition.

6. Other facts supporting the justification.

None

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

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Although the Government is limiting competition because of specifying a brand name item, there are authorized resellers of the requested software licenses and maintenance on the NASA SEWP V GWAC. To remove or overcome barriers to competition in future acquisitions for this requirement, the agency will work with the program office to perform additional market research so that other solutions can be considered. In accordance with FAR 5.301 and 16.505(b)(2), this action will be synopsized at award on the Contract Opportunities in SAM.gov and the justification will be made publicly available.

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8. Certifications, Concurrences and Approval.

Technical/Requirements Personnel Certification:

I certify that the information contained in this document for which I am responsible is 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.

Concurrence:

Subsection 2806.304 of the Justice Acquisition Regulation requires concurrence by the Bureau Procurement Chief.

Approval:

Subsection 16.505 of the Federal Acquisition Regulation requires approval by the Competition Advocate for the activity placing the order.