Exception to Fair Opportunity Justification over SAT_Redacted.pdf

Control No: JA-20-Adel-364

Supply/Service: Cisco Switches and Licenses

BRAND NAME JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Programs/Equipment: Cisco Switches and Licenses for the Government’s Information Technology (IT) Infrastructure

Authority: FAR 16.505(a)(4) – Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer.

Amount: Redacted

Prepared by: DSN: Redacted Date: 8.24.2020

Contracting Officer: DSN: 290.2021 Date: 8.24.2020

Technical: DSN: Redacted Date: 8.24.2020

Redacted Office Automation Clerk Email: Redacted

Christopher R. Moy Contracting Officer Email: christopher.r.moy.civ@mail.mil

Redacted Office Automation Clerk Email: Redacted

Requirements: DSN: Redacted Date: 8.24.2020

Redacted Team Lead, Software Systems Email: Redacted

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Program Manager:

8/27/2020

X Redacted Program Manager

Signed by: Redacted mailto:gregory.b.cody.civ@mail.mil mailto:christopher.r.moy.civ@mail.mil mailto:gregory.b.cody.civ@mail.mil mailto:steven.s.leatherman.civ@mail.mil

Brand Name FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: Army Contracting Command – Aberdeen Proving Ground (ACC-APG), Adelphi Contracting Division, 2800 Powder Mill Road, Adelphi, MD 20783-

2. Description of Action: The United States (US) Army Research Laboratory (ARL), Office of the Director’s Corporate Information Management Branch (FCDD-RLD-CM) requests a brand-name sole source for Cisco switches and licenses as a firm-fixed price (FFP) delivery order (DO) issued against the Computer Hardware Enterprise Software, and Solutions (CHESS), Information Technology Enterprise Solutions-3 Hardware (ITES- 3H). The Government projects award in September 2020 and fiscal year 2020-2021, Research, Development, Test, and Evaluation (RDT&E), Army funds will be used.

An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services: ARL requires brand-name equipment manufactured by Cisco for the procurement of switches, licenses, and peripherals to provided secure and mobile stackable switching platforms to support the ARL’s Enterprise data center.

Delivery Date: 30 November 2020 Total Value: Redacted

CLIN Equipment U/I Quantity

0001 *Cisco 48 Port Switch Each 15

0002 *Cisco 24 Port Switch Each 6

0003 *Cisco 12 Port Switch Each 9

0004 *Cisco Rackmount Each 1

0005 *Cisco Catalyst Wireless Access Point

Each 49

0006 *Cisco Injector Each 24

0007 *Cisco Licenses Each 153

Note: *Reference the “Requirements” document for a complete list of equipment, peripherals, and licenses by part number.

4. Authority Cited: FAR 16.505(a)(4) – Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer.

5. Reason for Authority Cited: ARL currently uses Cisco brand-named equipment in its Information Technology (IT) Infrastructure and is requesting the aforementioned Cisco switches and associated brand software licenses to support ARL’s Enterprise data environment. These Cisco switches, which are proprietary to the Cisco brand-name, will be used to connect to the existing Dell EMC servers to enable network communication within the enterprise data center. Converging Cisco’s Catalyst switches and Dell EMC servers will provide the necessary capability to consolidate equipment in ARL's data center environment. Also, leveraging Cisco licenses will allow ARL's IT staff to merge and move the licenses between site locations for total control over IT assets. The aforementioned case in points are vital to the data center environment that no other brand-name is able to provide.

Failure to use Cisco brand-name hardware will result in a lack of compatibility between systems of the ARL’s Enterprise data center. These Cisco switches offer an unique feature, such as, Secure Sensitive Data (SSD), which manages and protects sensitive information, such as, passwords and keys securely on the switches. Furthermore, it also allows or denies users access to sensitive data, and prevents configuration files from being corrupted by malicious users, which is essential to the Enterprise data center environment. Consequently, no other brand-name offers the SSD capability, such as, HP Aruba or Netgear. In addition, ARL will be required to develop new software to monitor, manage, report, and maintain new, non-Cisco brand-name hardware. Acquisition of non- Cisco brand-name supplies would result in a significantly higher cost to the Government estimated at Redacted. This estimate is derived from calculating the cost to replace equipment, peripherals, Cisco technology currently located throughout the ARL footprint, and duplication of time necessary to purchase, install, test, and train personnel to use the replacement technology would be detrimental to workforce efficiency, as it could take up to a year to complete.

The required networking equipment was originally selected to ensure continued compliance with the Security Technical Implementation Guides (STIGS) and the DoD Information Assurance Certification and Accreditation Process (DIACAP), which are essential network certifications required for ARL to continue operations. Currently, CISCO Network System provides network connectivity for ARL across Army Research Laboratory – APG, ALC, and WSMR sites. If ARL-CIO fails to be compliant with both STIGS and the DIACAP, it will be unable to provide network connectivity at the various ARL sites. Support for the ARL network infrastructure would negatively impact the research being conducted at all ARL locations until the network infrastructure in STIG/DIACAP is compliant as the Army would mandate that the network be shut off or disconnected until the network infrastructure is compliant with all STIG/DIACAP and security regulations.

All of the aforementioned circumstances would cause significant delays in the ARL Enterprise IT infrastructure data center environment completing mission requirements.

These delays consists of system patches, data protection, threat protection, and system back-ups. In addition, there would be significant delays across all of ARL-APG research projects/missions and the impact of these delays are considered incalculable and could severely harm vital research being conducted for the technology the Army requires to maintain the dominance of its operational environment. The utilization of the Cisco brand-name hardware allows system administrators to resolve issues in a timely manner, which helps to improve overall performance. Cisco has proven to support ARL’s mission by providing hardware system functionality and frequent timely software updates.

Based upon the above stated compatibility requirements and Cisco’s proprietary knowledge, it is determined that Cisco brand-name equipment is the only brand capable of fulfilling the Governments requirement and any other brand-name product lacks the particular features, do not meet, or cannot be modified to meet the requirements.

Additionally, based on market research performed below, the required Cisco equipment is available through authorized Cisco resellers on the Army Computer Hardware Enterprise Software and Solutions (CHESS) ITES-3H contract.

6. Actions to Increase Competition: As required by FAR 16.505(b)(2)(ii)(D) the notice and justification will be published within 14 days after placing the order. The Army CHESS website is the mandatory source for commercial-off-the-shelf (COTS) IT products per AFARS 5139.101-90. The proposed acquisition strategy to increase competition is to post a request for quote (RFQ) on CHESS to allow for optimal competition in an effort to seek authorized resellers that meet the Government’s minimum requirements. The Government shall give fair opportunity to any associated CHESS vendors that can fulfill the Government’s minimum requirements. The intent of this procurement is to limit competition among the approved CHESS vendors of the ITES-3H IDIQ (17-vendors listed in the table below) in an attempt to assure the Government procures Cisco specific brand-name hardware and software licenses at a fair and reasonable price.

Contract Number Vendor

W52P1J-16-D-0005 Affigent, LLC

W52P1J-16-D-0006 Telos Corporation

W52P1J-16-D-0007 UNICOM Government, Inc.

W52P1J-16-D-0008 International Business Machines Corporation

W52P1J-16-D-0009 Dynamic Systems, Inc.

W52P1J-16-D-0010 Dell Federal Systems, L.P.

W52P1J-16-D-0011 Global Technology Resources, Inc. (GTRI)

W52P1J-16-D-0012 Hewlett Packard Enterprise

W52P1J-16-D-0013 CDW-G

W52P1J-16-D-0014 Iron Bow

W52P1J-16-D-0015 Wildflower International, Ltd.

W52P1J-16-D-0016 World Wide Technology, Inc.

W52P1J-16-D-0017 GovConnection, Inc.

W52P1J-16-D-0018 Force 3, LLC

W52P1J-16-D-0019 Government Acquisitions, Inc.

W52P1J-16-D-0020 Intelligent Decisions, Inc.

W52P1J-16-D-0029 Microtechnologies

7. Market Research: Market research was conducted on 24 June 2020 by Redacted, Office Automation Clerk, for ARL with seventeen (17) years of experience. Reacted market research determined there are multiple vendors that are authorized resellers of the required Cisco brand-name hardware/software via CHESS, which is a required source of supply. Per AFARS 5139.101-90, the CHESS program, under the Program Executive Office Enterprise Information Systems, is the mandatory source for commercial IT hardware and software purchases. CHESS contracts provide IT products and services that comply with U.S. Army Network Enterprise Technology Command, Army and DOD policy and standards. Purchasers of commercial hardware and software must satisfy their IT requirements by utilizing the CHESS contracts and DoD Enterprise Software Initiative (ESI) agreements first, regardless of dollar value or appropriation.

Since, the required Cisco brand-name equipment is available through multiple CHESS vendors, it has been determined that this requirement shall be solicited through the CHESS vehicle, the mandatory source for this procurement.

8. Other Facts:

a. Procurement History: Not Applicable

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Office Automation Clerk

8/27/2020

X Redacted Redacted Technical Certifier (Tech)

Signed by: Redacted

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Team Lead, Software Systems

8/27/2020

X Redacted Redacted Requirements Certifier

Signed by: Redacted

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

- Price analysis

- IGE

- Other: Adequate price competition

As a part of this basis, certified cost or pricing data:

Will not be required and the following exception applies (FAR 15.403):

- A commercial item is being acquired.

8/27/2020

X Christopher Moy

Christopher R. Moy

Contracting Officer (KO)

Signed by: MOY.CHRISTOPHER.RYAN.1285356217

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

8/27/2020

X Christopher Moy

Christopher R. Moy

Contracting Officer (KO)

Signed by: MOY.CHRISTOPHER.RYAN.1285356217

Approval

Based on the foregoing justification, I hereby approve the procurement of Cisco Switches and Licenses for the Government’s Information Technology (IT) Infrastructure, for an estimate of Redacted, using an exception to fair opportunity pursuant to the authority of FAR 16.505(a)(4), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

8/27/2020

X Christopher Moy

Christopher R. Moy

Contracting Officer (KO)

Signed by: MOY.CHRISTOPHER.RYAN.1285356217