Exception to Fair Opportunity 6115390 REDACTED.pdf

CUI

January 2025

Justification for an Exception to Fair Opportunity

1. AGENCY AND CONTRACTING ACTIVITY: This is a Justification for an Exception to Fair Opportunity. The requiring activity is the Naval Facilities Engineering Command (NAVFAC) Information Technology Center (NITC); the contracting activity is the Naval Facilities Engineering and Expeditionary Warfare Center (NAVFAC EXWC).

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED: This is a limited source action to be awarded as a new brand name firm-fixed-priced task order, issued under the National Aeronautics and Space Administration (NASA), Solutions for Enterprise- Wide Procurement (SEWP) to an authorized reseller of NetApp Inc. commercial products and services. The requirement is for software licenses along with software support, storage components, services and installation for its existing hardware infrastructure.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: NITC currently operates a NetApp Storage System that stores approximately 15 Petabytes of total raw data. This storage system is used by every major NAVFAC business system including Standard Procurement System (SPS), Maximo, and ieFACMAN. The storage system is nearing end-of-life and its components must be replaced. Therefore, the proposed acquisition is to acquire NetApp storage components as specified below:

CLIN 0001: FAS9000 Expansion, 792TB HDD storage

Line Item Qty OEM P/N Description

3 DS212C-B-0-12-AD-C DISK SHLF, 2U12,12G,Empty,AD-C 18 X397A-2-AD-C Drive Pack, 7.2K, 12G, 2x22TB,AD-C 6 X800-42U-R6-C Jumper Crd, In-Cab,C13-C14,-C

3 X-02657-00-C Rail Kit, Thin, Rnd/Sq-Hole,4-Post,Adj,24- 32,-C

10 X66030A Cable,12Gb,Mini SAS HD,0.5m 8 X66031A Cable,12Gb,Mini SAS HD,1m 8 X66032A Cable,12Gb,Mini SAS HD,2m 8 X66034A Cable,12Gb,Mini SAS HD,5m

2 7920 SW-ONTAPO-NLSAS-

AD-F05-C

SW, ONTAP One Pkg, Per-0.1TB, NL, SAS, AddOn,F05,-C

3 CS-ADD-ON-

COMPONENTS-SES SupportEdge Support, Add-On Components

CS-NON-

RETURNABLE-

DRIVES

Non-Returnable Drives (HDDs/SSDs)

CLIN 0002: 9500 In-Chassis Upgrade, n9000-1a/1b

1 1 FAS9500A-201-IN-U-

C FAS9500 In-Chassis Controller Upgrade

2 1 CS-G1-SE-ADVISOR SupportEdge Advisor

1 CS-4HR-

REPLACEMENT 4hr Part Replacement

1 CS-ADVISOR-PLUS-

SYS Advisor Plus For System

1 CS-PROTECT-FOR-

GOVT SupportEdge Protect for Government

3 1 PS-FFP-CONT-

UPGRADE-ZA ONTAP Headswap APL

CLIN 0003: 9500 In-Chassis Upgrade, n9000-2a/2b

1 1 FAS9500A-201-IN-U-

C FAS9500 In-Chassis Controller Upgrade

1 CS-G1-SE-ADVISOR SupportEdge Advisor

1 CS-4HR-

REPLACEMENT 4hr Part Replacement

1 CS-ADVISOR-PLUS-

SYS Advisor Plus For System

1 CS-PROTECT-FOR-

GOVT SupportEdge Protect for Government

3 1 PS-FFP-CONT-

UPGRADE-ZA ONTAP Headswap APL

CLIN 0004: Additional Parts and on-site consulting

8 X6589-R6 SFP+Optical 10Gb Shortwave 1 8 X65402 QSFP, Opt, 40Gb, Shortwave 8 X66200-5 Cable, Cntlr-Switch OM4,MPO/MPO,5m

2 2 PS-TM-CONSULT-

DAY-TE-ZA Consulting Day + Travel/Living

Period of Performance: 1 December 2025 to 30 November 2026.

The estimated cost of this requirement is $.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY: The statutory authority which permits exception to fair opportunity to be considered for each order over the micro-purchase threshold issued under a multiple award contract is 10 U.S.C. 3406(c), as implemented by FAR 16.505(b)(2)(i) (A-G):

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized

The order-must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order

It is necessary to place the order to satisfy a minimum guarantee

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that purchase-be made from a specified source

Set aside orders for any of the small business concerns identified in 19.000(a)(3) in accordance with section 1331 of Public Law 111-240 ( 15 U.S.C. 644(r))

The order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302

5. RATIONALE/EXPLANATION TO SUPPORT CITED AUTHORITY:

NITC uses the aforementioned NetApp hardware and software to store and manage data for many of NAVFAC’s business systems. These components comprise parts of the existing storage system currently in place and without them, NITC will be unable to store or maintain any system data. This will make all business systems unusable, as there will be no underlying support system. In addition, important consideration must be made to the fact that NetApp will not warranty or support the storage components that reach end-of-life. Without the warranty support, unplanned device failures would lead to performance degradations and data losses.

6. FAIR AND REASONABLE COST DETERMINATION: The Government anticipates obtaining adequate competition via the ELA-SEWP catalog for NetApp products and services.

There are ten authorized resellers on the ESI website (www.esi.mil) within the ELA-SEWP catalog that can provide the required product and eight out of the ten resellers are small businesses. Obtaining adequate competition is expected to result in a price that is fair and reasonable. Prior to award, the Contracting Officer will conduct a price analysis in order to determine that the price is fair and reasonable per FAR part 13.

7. ANY OTHER FACT SUPPORTING THE JUSTIFICATION: In accordance with FAR 16.505(a) (4) (iii) (A) (2), this justification will be posted with the solicitation on NASA SEWP.

8. ACTIONS TO INCREASE COMPETITION: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

All future requirements will be handled on a case-by-case basis.