Brand Name Justification VMware by Broadcom_Redacted.pdf

Justification for an Exception to Fair Opportunity Brand Name FAR Supart 16.505(a)(4)(i)

1. Agency and contracting activity.

The Department of Homeland Security (DHS), U.S. Coast Guard (USCG) Command, Control, Communications, Computers, Cyber, and Intelligence Service Center (C5ISC), 7323 Telegraph Road Alexandria, VA 22315 prepared this justification for an exception to fair opportunity.

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

The USCG intends to award a delivery order (DO) for brand-name VMware by Broadcom Enterprise software license subscription support, pursuant to FAR 16.505 (a)(4)(i), restricting competition to an item peculiar to one manufacturer. This brand name requirement will result in a Firm-Fixed Price (FFP) delivery order (DO) issue amongst authorized and certified resellers and service providers of VMware by Broadcom Enterprise software on the DHS First Source II contract vehicle.

3. Description of Supplies/Services.

The USCG C5ISC has a requirement for the renewal of VMware by Broadcom software licenses and licensed software maintenance support, which allows for continued access to software upgrades, updates, security patches, and access to technical support delivered in accordance with VMware by Broadcom Technical Services Support Policy and Terms. The total anticipated value is $ using FY24 funds for a one year period of performance of 1 August 2024 – 31 July 2025.

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 FAR 16.505(a) (4)(i).

VMware by Broadcom software is proprietary and currently utilized on desktop and servers throughout the USCG Virtual Desktop Infrastructure (VDI) environment. The software maintenance is required for continued software support, updates, and patches through subscriptions for products being used enterprise wide. VMware by Broadcom is the only source that can provide software upgrades and security patches for VMware by Broadcom software products. Software and security updates are required for systems to operate on the Coast Guard network. Failure to upgrade or patch existing Coast Guard owned software will expose multiple systems to cyber security threats and result in disconnection from the USCG network. Such disconnection will cause system shutdowns in accordance with the Federal Information Security Management Act of 2002 (44 U.S.C. 3541) and the Department of Defense Cyber Security Discipline Implementation Plan, October 2015. Software upgrades provide critical fixes to bugs that impact system performance; prevents potential cyber-attacks against Coast Guard data systems and networks that would otherwise be vulnerable to intrusions. Failure to upgrade/maintain this software will degrade system performance to the point of complete system failure within the USCG VDI environment.

Additionally, the continued software licensed maintenance support ensures C5ISC Alexandria and various units’ networks receives the necessary maintenance support for updates and patches for the safety from security threats.

Furthermore, on May 09, 2024, a Request for Information (RFI) was conducted via DHS First Source II to identify similar or modified products that could fulfill the needs of this requirement.

No alternate products were discovered. Therefore, no other companies can provide similar or modified product with the particular feature to meet the government’s needs without a negative mission impact as the VMware will not be able to be supported.

Due to the VMware by Broadcom proprietary requirements by the USCG, the contracting strategy that will provide the Government the best value is competing the brand-name VMware by Broadcom Enterprise software maintenance renewal using DHS First Source II.

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. There are multiple authorized resellers on DHS First Source II, which will ensure adequate competition. Further, prior to award, the Contracting Officer will perform a price analysis to determine that the price represents the overall best value for the Government and is consistent with the First Source contract vehicle pricing terms.

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.

VMware by Broadcom is proprietary and is required for the foreseeable future as it is fully integrated into the Coast Guard’s IT infrastructure. The availability of multiple re-sellers able to satisfy this brand name requirement ensures competition. However, the Government will continue to conduct market research into other software and support options that could meet future requirements.

7. Contracting Officer’s Certification.