Brand Name Justification - SEWP - CLoudFlare -_Redacted.pdf

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

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.

The DOJ intends to award a single Delivery Order (DO) under NASA’s Solutions for Enterprise-Wide Procurement (SEWP) V, Government-Wide Acquisition Contract (GWAC) for a Cloudflare Domain Name System (DNS) security and reverse proxy solutions. This requirement will be competed among SEWP contract-holders who are authorized to sell Cloudflare software and associated maintenance.

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

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

- DNS Management

- DDoS Protection

- Content Delivery Network

- Caching and Optimization

- Reverse Proxy Solution

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).

Rationale Supporting Use of Authority Cited Above which is peculiar to one manufacturer, Cloudflare.

DOJ has invested a substantial amount to develop the required functionality for DNS management, DDoS protection, Content Delivery Network, and Caching and optimization. Only Cloudflare can provide the code changes and enhancements to their product, making an acquisition from another vendor impractical. However, this product is available either directly from Cloudflare or from authorized Cloudflare resellers, so the DOJ will be able to conduct adequate competition for these products under the NASA SEWP V contract.

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 SailPoint software maintenance 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.

Although the Government is limiting competition because of specifying a brand name item, there are authorized resellers of the requested solution 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.