J A_Redacted.pdf

NATIONAL ACQUISITIONS SECTION

JUSTIFICATION & APPROVAL

Pursuant to the Federal Acquisitions Regulation (FAR) Subpart

13.501 (a) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart

6. 304 (c), the Federal Bureau of Prisons (Bureau) has determined there is only one source reasonably available. The following is supporting documentation in accordance with FAR Subpart 13.501(a) (2) (ii), using the format identified in FAR Subsection 6.303-2.

1. Contracting Agency- U.S. Department of Justice, Bureau, Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

2. Nature and/or Description of Action being Approved- This action is for a sole source, firm fixed-price acquisition for the annual maintenance and support for the equipment propriety to Spectra Logic.

3. A Description of the Supplies or Services Required to Meet the Agency's Needs Including Estimated Value - The Bureau, Office of Information System (OIS) has an annual requirement for maintenance and support of the agency 1 s Spectra Logic 1 s backup tape drive units, to include the T200, T950, and T50e. The backup tape drive units are manufactured by Spectra Logic and are the only units that will operate within the Spectra Logic Network Backup System currently utilized by the Bureau. This acquisition will be for maintenance and support services for the equipment propriety to Spectra Logic.

4. Authority Cited- The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, determined that the use of this authority is appropriate pursuant to FAR Subpart

13.501 (a) (1) (i) (ii), that the circumstances of this action deem only a single source is reasonably available.

5. Determination that Proposed Contractor's Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited Spectra Logic owns the proprietary rights for these products and the related services. The Spectra Logic drive units are manufactured by Spectra Logic and are the only units that will operate within the Spectra Logic Network Backup System currently utilized by the Bureau.

Only Spectra Logic certified and authorized service providers are

Page 1 of5 eligible to provide the services required for annual maintenance to maintain warranty of the Spectra Logic Network Backup System.

6. Efforts Made to Solicit from as Many Sources as Practicable Including Whether or Not a Notice Was or Will be Publicized as Required by FAR Part 5.2: - The Contracting Officer researched the General Services Administration (GSA) Federal Supply Schedule (FSS) , National Aeronautics and Space Administration's (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC) , and the commercial market while conducting market research to determine if additional responsible offerors were capable of providing the requirement. This search resulted in the Contracting Officer's determination that there was not a reasonable expectation of receiving two or more offers.

A notice of the Bureau's intent to issue a sole source award to Spectra Logic will be posted to the Government Point of Entry (GPE) in accordance with FAR Subparts 13.105(a) and 5.203(a). The justification and approval will be made available to the GPE as required by FAR Subpart 13.501(a) (1) (iii).

7. Contracting Officer's Determination that the Cost to the Government Will be Fair and Reasonable - The Contracting Officer examined historical data, commercial catalog pricing, and previously paid prices of similar purchases of this type, as well as the Independent Government Estimate. Based on the information stated above, Contracting Officer anticipates the price for the renewal of annual maintenance and support services for Spectra Logic's back up tape drive units to be fair and reasonable.

8. Description of the Market Survey Conducted - Market research was conducted through GSA FSS, NASA SEWP, and via commercial market avenues in an effort to obtain competition for this acquisition.

Market research revealed that Spectra Logic does contract with authorized resellers that may resell spectra logic support contracts; however, resellers do not have the capability to provide support at all of the support levels required by the Bureau.

Therefore, only Spectra Logic can fulfill the need for the Bureau.

9. Other Factors - Spectra Logic is the manufacturer of its proprietary data storage hardware. As such, only Spectra Logic and its authorized trained technicians and personnel possess the knowledge, skill, and resources to perform repairs, re-certifications, and other services covered under the terms of the annual maintenance contract. In addition, unauthorized third party

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service providers do not have access to the proprietary diagnostic tools, firmware required to keep the products up to date with all current changes. Only Spectra Logic certified employees have the capability to execute the service provided for under the annual maintenance contract due to the proprietary and highly technical nature of the manufactured equipment.

Since the Bureau has established use of Spectra's Network Backup System and has invested a substantial amount of funds in procuring and maintaining the backup system and service, it would not be cost effective to re-compete the use of these product and services.

10. List of Sources, Expressing in Writing, Interest in the Acquisition - Spectra Logic

6285 Lookout Road Boulder, Colorado 80301

11. Actions to be taken to Promote Future Competition - The Contracting Officer in conjunction with technical guidance provided by the OIS; will continue to conduct market research to ascertain the availability of other sources for competition for future acquisitions. The government will continue to encourage Spectra Logic to grant reseller authority to other vendors .

12. Contracting Officer's Certification - I hereby certify this Justification for Other than Full and Open Competition is made in good faith and the supporting data and information are accurate and complete to the best of my knowledge and belief.

Digitally signed by LAURENCE FA YTAREN

LAURENCE FAYTAREN

ON: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=LAURENCE FAYTAREN,

0.9.2342. 19200300.100.1.1 =1 5001003021067 Date: 2015.09.11 07:51 :53 -04'00'

Laurence Faytaren Date Contract Specialist, National Acquisitions Section

13. Technical Certification I certify that the supporting data under my cognizance which verifies the Government's requirements included in this justification are accurate and complete to the best of my knowledge and belief.

STEPHEN MEIER

Digitally signed by STEPHEN MEIER ON: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=STEPHEN MEIER,

0.9.2342. 19200300.100.1.1 =1 5001000488654 Date: 2015.09.09 12:48:46 -04'00'

Stephen Meier Date Chief, Central Office Network Administration

Requirements Certification I certify that the supporting included in this justification of my knowledge and belief.

Earl Franks data under my cognizance which are are Accurate and complete to the best

Digitally signed by EARL FRANKS ON: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=EARL FRANKS,

0.9.2342. 19200300.100.1.1 =1 5001000140301 Date: 201 5.09. 10 07:22:55 -04'00'

Date

Chief, Information Technology, Planning & Development Branch

14. Concurrence- I certify that the above justification is accurate and complete to the best of my knowledge and belief.

MICHAEL BODINE

Digitally signed by MICHAEL BODINE ON: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=MICHAEL BODINE,

0.9.2342. 1 9200300.1 00.1. 1 =1 5001 000488207 Date: 2015.09.1 1 10:38:54 -04'00'

F~~--~---------------------------------------- Kristina Sullivan Date Chief, National Acquisitions Section

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KRISTINA

SULLIVAN

For:

Catherine S. Scott

Digitally signed by KRISTINA SULLIVAN ON: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, en= KRISTINA SULLIVAN,

0.9.2342.19200300.100.1.1 =1 5001 000488863 Date: 2015.09.11 10:58:47 -Q4'00'

Chief, Acquisitions Branch

Procurement Executive

Approved by:

09/11 /2015 Date

Denise M. Class Date Senior Deputy Assistant Director/Competition Advocate

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