Exception to Fair Opportunity Under SAT_Redacted.pdf

Federal Communications Commission

Enterprise Acquisition Center

EXCEPTION TO FAIR OPPORTUNITY

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 16.505(a)(4) AXIOM Hardware Maintenance

ITC2400107

1. AGENCY IDENTITY AND CONTRACTING OFFICE

This justification was prepared in accordance with FAR 16.505 by the Federal Communications Commission (FCC), Headquarters (HQ), Office of the Managing Director (OMD), Enterprise Acquisition Center (EAC) located at 45 L Street NE, Washington, DC 20554. The managing program is OMD, Information Technology Center (ITC)).

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

It is the intent of the FCC’s OMD Information Technology program office to obtain AXIOM Hardware Maintenance support services for FCC OMD-ITC. This contract action is for a one-year, firm fixed price acquisition for Hardware Maintenance.

3. DESCRIPTION OF SUPPLIES AND SERVICES

The FCC OMD-IT requires AXIOM Hardware Maintenance support services. This action is necessary to provide maintenance for an assortment of network equipment, including HP servers, Junipers, F5s, & Brocade hardware to provide maintenance and onsite support. IT requires onsite hardware maintenance coverage to support equipment failures. This will allow the FCC to receive maintenance coverage on the hardware and obtain replacement parts as needed, to maintain operational functionality, correct product defects, and ensure maximum uptime. This equipment consists of critical components on the FCC network infrastructure, supporting services/functions such as Active Directory, File Servers, Print Servers, VDI, Office 365 (hybrid servers), network infrastructure components, and many FCC server platforms. If these support services are not in place the FCC would incur unacceptable delays and operational risk that can only be averted by ensuring the maintenance is available for rapid response troubleshooting and timely resolution of defects. This is an annual routine hardware maintenance.

The estimated maximum value of this action is .

4. STATUTORY AUTHORITY AND SUPPORTING RATIONALE

FAR Subpart 16.505(a)(4) permits the acquisition of name brand items under indefinite delivery indefinite quantity contracts provided the applicable requirements of the subpart are met.

The AXIOM Hardware Maintenance solution meets FCC’s requirements particular brand name, product, or a feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. This equipment consists of critical components on the FCC network infrastructure, supporting services/functions such as Active Directory, File Servers, Print Servers, VDI, Office 365 (hybrid servers), network infrastructure components, and many FCC server platforms.

5. DETERMINATION OF REASONABLENESS OF COST OR PRICE

It is the determination of the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

This acquisition is for a commercial hardware products and it is reasonable to expect realistic pricing in order to generate demand for the equipment. Prices of the supplies and services under a GWAC (NASA SEWP) are deemed to be fair and reasonable. By placing an order against a GWAC, the ordering activity CO has concluded that the order represents the best value and will provide the lowest overall cost alternative to meet the Government’s needs.

Basis for award will be lowest price technically acceptable (LPTA) and the task order will be Firm Fixed Price (FFP). Therefore, the price paid will represent the best value and result in the lowest overall cost alternative to meet the needs of the FCC. There are no barriers to competing this brand name requirement. IT conducted market research, checked the required sources, and reviewed mandatory sources, to include GWAC vehicles, to determine if Federal Resellers were available to satisfy this requirement. Proposed order rates will be compared with the basic contract rates and verified as fair and reasonable.

6. OTHER FACTS

Market research was conducted in accordance with FAR 10.001(a)(2). The Government’s market research identified other competitors for this type of enterprise-wide comprehensive support provided by an AXIOM Hardware Maintenance solution. Currently, NASA SEWP has a single current AXIOM Hardware Maintenance reseller, CDW-G. Under the exception at FAR Part 5.202(a)(6) a notice will not be publicized in advance of the solicitation. The subsequent Order will be issued in accordance with FAR Subpart 16.5 and 16.505(a)(4).

A request for quotation will be sent to NASA SEWP. This justification will be posted on SAM.gov within 14 days of Task Order award.

IT is managing the server and infrastructure hardware. The requested brand name AXIOM Hardware Maintenance allows the FCC to receive replacement parts and critical updates to the hardware to enhance features, correct product defects and operational issues. IBM will provide spare parts for quick recovery, extensive experience managing and troubleshooting the servers, fully integrated monitoring, and existing security approved "gold" software. The Juniper appliances allow the FCC Network to be protected against actual and potential cyber-attacks and cyber threats. These devices are designed to further enhance the security of the files, documents and databases contained within the FCC Network. The F5 VDI hardware to support Global Traffic Management (GTM), Virtual Private Network (VPN), and Access Policy Management (APM) for the VDI solution. The Brocade Switches integrate the Storage Area Network with the FCC Network Servers. The Hardware Maintenance servers are already in use in the Commission and fully integrated into the IT support routines. The FCC Network is dependent on the continuous operations of this equipment and will be able to maintain the necessary support to fix failed hardware.

7. EFFORTS TO OBTAIN COMPETITION

The Hardware Maintenance solution is available through authorized reseller CDWG on NASA SEWP. The RFQ will be released on NASA SEWP to all vendors under NAICS 541519. FCC will continue to monitor the market to determine whether any other source can meet the requirement prior to any subsequent acquisition.

8. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

Certification

[Technical and requirements personnel are required to certify that the supporting data which is their responsibility is complete and accurate. The contracting officer is required to certify that the facts and statements made in the justification are accurate and complete.] Please note that the COR should provide their name below but should not sign until the CO has reviewed the justification and requested signature.

Contracting Officer Representative (COR) Certification:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Name/Title/Office:

Contracting Officer (CO) Certification and Approval (up to $750 K):

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name/Title/Office: