NetApp_Brand_Name_JA_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

For Official Use Only

For Official Use OnlyUpdated: 15 Mar 16

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

Contracting Activity: 27th Special Operations Contracting Squadron

Purchase Request / Local ID Number: F1L0XP7178AW01

Program / Project (and PE, if applicable): N/A

Program Type (PEO or Other Contracting): Other Contracting

Authority (include full title): FAR 13.501(a) in accordance with 41 U.S.C. 1901 and 41 U.S.C 3304(a)(1)

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

15 Aug 2017

Project Lead/program Mgr/Requiring Activity

JONATHON S. HOSKET, Maj, USAF

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

15 Aug 2017

Contracting Officer ANDREA C. LAY, TSgt, USAF

27 SOCONS/LGCC / 575-784-0496

Signature

Date Chief of the Contracting Office (COCO) JOHN A. PURCELL, Maj, USAF

27 SOCONS/CC /

Signature

HOSKET.JONATH

ON.S.1078590714

Digitally signed by

HOSKET.JONATHON.S.1078590714

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=HOSKET.JONATHON.S.1078590714 Date: 2017.08.15 12:29:44 -06'00'

Digitally signed by

LAY.ANDREA.CRYSTAL.1282388274

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=LAY.ANDREA.CRYSTAL.1282388274 Date: 2017.08.15 12:39:31 -06'00'

PURCELL.JOHN.A.12

85151100

Digitally signed by

PURCELL.JOHN.A.1285151100

Date: 2017.08.19 16:06:38 -06'00'

For Official Use Only

For Official Use OnlyUpdated: 15 Mar 16

I. Contracting Activity.

Department of the Air Force, 27th Special Operations Contracting Squadron (27 SOCONS), Cannon AFB, NM. This document serves as a Justification for Other Than Full and Open Competition. The purchase request number is F1L0XP7178AW01.

II. Nature and/or description of the action being processed.

This action is a brand name action pursued in accordance with FAR 13.501 for NetApp brand warranty extension and support on NetApp brand products. The Government intends to award a Firm-Fixed Price contract as a new contract.

III. Description of supplies/services required to meet agency needs.

Under the contemplated contract, qualified contractors will provide the following warranty extension and support for the listed NetApp brand items to the 27th Special Operations Group/Remotely Piloted Aircraft Operations Center:

12 each Extended Warranty part CS-R-NRD2, Non Returnable Disk FAS2240A-4 (serial number 700002274235,700002274247, 700002274479,700002274481, 700002274493,700002274508, 700002282098, 700002282103, 700002282074, 700002282086, 700002282828, 700002282830) 12 each SE Secure On-site Next Business Day Support agreement part CS-SEC-NBD, Non Returnable Disk FAS2240A-4 (serial number 700002274235,700002274247, 700002274479,700002274481, 700002274493,700002274508, 700002282098, 700002282103, 700002282074, 700002282086,700002282828, 700002282830) 4 each Extended Warranty part CS-R-NRD2-VA, Non Returnable Disk FAS3250A (serial number 700002303086,700002303098, 700002298308,700002298310) 4 each SupportEdge Secure On-site Next Business Day Support agreement part CS-SEC-NBD-VA, Non Returnable Disk FAS3250A (serial number 700002303086,700002303098, 700002298308,700002298310) 4 each Extended Warranty part CS-R-NRD2-VA, Non Returnable Disk FAS6220A (serial number 701416000156,701416000157, 701416000154,701416000155) 4 each SupportEdge Secure On-site Next Business Day Support agreement part CS-SEC-NBD-VA, Non Returnable Disk FAS6220A (serial number 701416000156,701416000157, 701416000154,701416000155) 10 each Extended Warranty part CS-R-NRD2-VA, Non Returnable Disk PAMII-FLASHCACHE (serial number 9444294190, 9444294669,9444294750, 9444296174, 9444296916, 9444297063, 9444297142, 9445305946) 10 each SupportEdge Secure On-site Next Business Day Support agreement part CS-SEC-NBD-VA, Non Returnable Disk PAMII-FLASHCACHE (serial number 9444294190, 9444294669,9444294750, 9444296174, 9444296916, 9444297063, 9444297142, 9445305946) 4 each Extended Warranty part CS-R-NRD2-VA, Non Returnable Disk FAS3250A (serial number 701416000150, 701416000151,701416000135,701416000152) 4 each SupportEdge Secure On-site Next Business Day Support agreement part CS-SEC-NBD-VA, Non Returnable Disk FAS3250A (serial number 701416000150, 701416000151,701416000135,701416000152)

Estimated value is .

The period of performance will be 1 year after contract award.

This requirement is funded using annual DoD 0100 O&M appropriations.

IV. Statutory authority permitting Other than Full and Open Competition.

This procurement will be conducted as a brand name under Simplified Acquisition Procedures in accordance with

For Official Use Only

For Official Use OnlyUpdated: 15 Mar 16 the statutory authority 41 U.S.C. 3304(a)(1), Use of noncompetitive procedures, implemented by 41 U.S.C. 1901 as required by FAR 13.501(a). Only one brand will fulfill the Government's requirements.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

NetApp brand warranty and support is essential to the Government's requirements. We currently employ NetApp brand systems in the RPA Operations Center and only the NetApp brand warranty extension and technical support can be utilized to support the continued network storage of client and server systems. This service is only available through NetApp to their authorized distributors. Other vendor software solutions would require complete system redesign, resulting in mission stoppage due to the different software that needs to be applied to the already existing NetApp products. The RPA community cannot risk a single pause in their productivity/mission. Purchasing any other software warranty and support agreement would render the NetApp products unusable. A complete new purchase of similar products would cause substantial duplication of costs to the Government that cannot be recovered by competing this requirement outside the NetApp brand. The NetApp items were initially purchased in February 2014 and have a five year lifespan. NetApp will no longer support the items after December 2019. A complete new system would cost around . By purchasing a yearly warranty and support agreement, the Government saves per year for the next 3 years. Purchasing the NetApp brand warranties and support agreements is in the best interest of the Government and is essential to the Government's requirements.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

This requirement will be pursued as a brand name requirement. The manufacturer, NetApp Inc, has confirmed that they authorize other companies to provide warranty and extended support agreement. Additionally, sources from Section X were contacted and confirmed that they could provide NetApp brand warranty and support agreements. A combined synopsis/solicitation will be posted to the GPE to allow for maximum competition to sources that can provide the NetApp brand items requried.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

This requirement will be competed as a brand name requirement. According to market research, three or more quotes are expected. Prices will be determined fair and reasonable in accordance with FAR 13.106-3 based on competitive quotes.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

The NetApp, Inc. DoD Account Manager confirmed that only NetApp warranties and support agreements can be used to support NetApp products. NetApp does authorize distributors to purchase NetApp warranties and support agreements from NetApp and resell them. Warranties and support agreements are sold exclusively through distributors and cannot be purchased from NetApp, Inc. directly. A review of EDA confirms that no contracts have been issued to NetApp, Inc. from the DoD. Warranties and extended support agreements are commercial items.

Any commercial customer can purchase NetApp brand software and warranties. These warranties are offered commercially through NetApp approved distributors. NetApp, Inc. provided a list of common distributors of NetApp products. These distributors, found in Section X, were contacted and confirmed that they could provide the NetApp brand products required by the Government. An Internet search of the part numbers listed in Section III shows that several other companies resell the NetApp warranties and support agreements.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

None

For Official Use Only

For Official Use OnlyUpdated: 15 Mar 16

X. List of sources, if any, that expressed interest in the acquisition.

NetApp, Inc.; AVNET; Clearshark, L.L.C.; and Force 3 have expressed interest in the acquisition. As stated above, NetApp, Inc.

does not directly provide the items.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

Future acquisitions will be evaluated before any additional purchases are processed. According to NetApp, Inc., the items that will be covered under this warranty will reach the end of lifecycle in December 2019. The Government would potentially need to reprocure the items at that point. Any new requirements for the NetApp or similar items will be evaluated for full and open competition, to include the evaluation of complete lifecycle costs.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.