Dell - NEC - BNJ - FINAL Redacted_Redacted.pdf

JA-24-011

Non-Exchange Capable Cutters - Dell Hardware and Software Maintenance

Justification for Exception to Fair Opportunity Brand Name FAR 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), and C5I Contracting and Procurement, Alexandria (CG-9141) located at 7323 Telegraph Road Alexandria, VA 20598-7320 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 under the exception to fair opportunity for brand name Dell hardware, restricting consideration to an item peculiar to one manufacturer pursuant to FAR 16.505(a)(4)(i). This brand name requirement will result in a Firm fixed Price (FFP) delivery order amongst authorized Dell resellers via the Department of Homeland Security (DHS) First Source II Department Wide Acquisition Contract (DWAC).

3. DESCRIPTION OF SUPPLIES/SERVICES.

The USCG requires in-kind commercial brand name Dell hardware to replace existing, End of Life (EOL) Dell cutter hardware to meet and sustain security requirements on the USCG Cutter platforms. Through this new hardware procurement, the USCG receives servers to allow for replacing hardware to meet pre-established C5ISC and SFLC architecture requirements and approvals.

The estimated price for this Dell hardware procurement is , using FY24 funds.

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).

Brand name Dell products are proprietary and currently used throughout the USCG network infrastructure. The new Dell hardware must be purchased in order to meet and sustain security requirements, remediate recently identified security vulnerabilities, and replace End of Life (EOL) Dell R530/R540 server models. The Standard Enterprise Cutter Operating System image (Windows 2012, 2016 and 2019) and VMWare ESXi Host software and configuration is common across all cutters using the Dell R530/R540/XR2 server models. The images/software is engineered with Dell Server microchip and component drivers to properly function only on the Dell R530/R540/XR2 hardware.

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

Changing to another brand of server, with different chipsets or components would cause incompatibility with the existing Standard Enterprise Cutter Operating System image and VMWare ESXI Host software configuration, meaning the systems could not talk to each other or would not work properly. Re-engineering the Standard Enterprise Cutter Operating System image and VMWare ESXI Host software configuration, retraining all support personnel, seeking Authority to Operate (ATO) approval, and updating component engineering drawings to accommodate a different brand name product would result in several years of delays, essentially bringing computing aboard cutters to halt. This would severely impact the USCG mission capability.

Due to the USCG’s need for Dell proprietary requirements, the contracting strategy that will provide the Government the best value is competing the brand-name Dell hardware procurement using the DHS First Source II contract vehicle.

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, as there are multiple authorized Dell resellers on the First Source II DWAC. 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 consistent with the DHS First Source II contract vehicle 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.

The USCG is currently monitoring the marketplace and developing a long-term strategy for the replacement of all cutter servers. The strategy is pursuing an approach that would allow for full and open competition.

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.

Michael A. McFadden Date Contracting Officer

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

7. 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.

Trina Queen Date Contracting Officer’s Representative

APPROVAL

Frederick Steward Date Command Procuring Activity Advocate for Competition (CPAAC)