Form USPTO-OP-073 - JEFO_1333BJ26F00280012_P26001.pdf

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Justification for Exception to Fair Opportunity
Solicitation number
ACQ-26-1358
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This is a Justification for Exception to Fair Opportunity (JEFO) Form filed by the United States Patent and Trademark Office (USPTO) for a sole source task order modification under a NASA SEWP contract.

The USPTO is modifying an existing task order (NNG15SD08B/1333BJ26F00280012) awarded to Anacapa Micro Products, Inc. to increase daily ingestion and storage capacity for the Next-Generation Security Information and Event Management (NextGen SIEM) tool. The modification addresses data limitations discovered during migration by adding increased daily ingestion capacity, 30-day cold storage, 30-day hot storage, FedRAMP High authorized Cortex XSIAM cloud hosting, and Premium Success support services. The performance period extends from award through April 26, 2027, with option years following until April 26, 2031. The modification is structured as firm-fixed-price (FFP) and falls under the existing Palo Alto/IBM XSIAM SaaS environment already in use by USPTO.

The justification cites FAR 16.507-6(b)(3) for sole source authorization, emphasizing economy and efficiency grounds. Key supporting rationale includes avoiding disruption to security monitoring continuity, preventing duplicative transition costs, and leveraging the existing contractor's ability to rapidly ramp up capacity. The government determined that no other company or product can meet the critical requirement during this transition phase, which involves migrating seven petabytes of data by June 30, 2027. Five competitive quotes were initially received during the original procurement, with Anacapa selected as the lowest-priced, highest-rated quoter at $9,590,120.84. The modification maintains the existing award relationship to ensure seamless integration and avoid implementation risk.

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