Cisco Smartnet Exception to Fair Opportunity under FAR Part 16_Redacted.pdf

Justification of Exception to Fair Opportunity under FAR Part 16.505

In accordance with FAR 16.505(b)(2)(ii), Contracting Officers may solicit from limited sources if the Contracting Officer determines one of the exceptions listed at FAR 16.505(b)(2)(i) applies.

1. Identification of the agency and the contracting activity:

Uniformed Services University of the Health Sciences (USUHS), Acquisitions Directorate

(ACQ).

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

Issuance of a RFQ for a Brand Name acquisition for Cisco Smartnet License Renewals.

A delivery order will be issued against an established Department of Defense (DoD) Cisco Enterprise Software Initiative (ESI) via NASA SEWP.

3. Description of the supplies or services required to meet the agency’s needs (including estimated value):

The Uniformed Services University (USU) has a brand name only requirement for a Cisco Smartnet equipment maintenance and licenses renewal. The Period of Performance for this requirement is 20 September 2024 through 19 September 2025.

The estimated value for this requirement is

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. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

The exception to fair opportunity is FAR 16.505(b)(2)(i)(G). This order satisfies an exception permitting the use of other than full and open competition.

USU’s Network Operations and Communications (NOC) Directorate is a Cisco managed environment that utilizes Cisco products and services to manage the network infrastructure. The technical support services offered within the Cisco Smartnet equipment maintenance and licenses renewal are required to maintain operability of the Cisco products that are currently in use at USU and are the only known licenses and maintenance services compatible with USU’s Cisco products.

5. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Prices of IT products and services on the NASA SEWP website are determined to be fair and reasonable at the contract level. The reasonableness of proposed pricing was established in accordance with FAR 15.403-1(c)(1)(i)(B) and based on adequate price competition.

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6. Any other facts supporting the use of other than full and open competition:

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 brand name product descriptions do not provide for full and open competition, it is anticipated that the Government will receive more than one quote for this brand name requirement. The Government will continue to monitor the marketplace to attempt to remove the current barriers to open competition and remove the brand name requirements.

However, only the Cisco Smartnet equipment maintenance and licenses renewal currently meets all of the Government’s needs.

Contracting Officer:

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief, and I have determined that the anticipated cost to the Government will be fair and reasonable.

Signature Date

XX Approved ☐ Disapproved

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