FY25 VMWare BNJ_Redacted.pdf

Justification for an Exception to Fair Opportunity Brand Name FAR 16.505(a)(4)(i)

1. Agency and contracting activity.

The Department of Homeland Security (DHS), U.S. Coast Guard (USCG) Command, Control, Communications, Computers, Cyber, and Intelligence Service Center (C5ISC), 7323 Telegraph Road Alexandria, VA 22315 prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved.

The USCG intends to award a task order (TO) for brand-name VMware Enterprise software license maintenance support, pursuant to FAR 16.505 (a)(4)(i), restricting consideration to an item peculiar to one manufacturer. This brand name requirement will result in a Firm-Fixed Price (FFP) TO solicited amongst authorized and certified resellers and service providers of VMware Enterprise software on the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V contract vehicle.

3. Description of Supplies/Services.

The USCG C5ISC has a requirement for the renewal of VMware software license maintenance support, which allows for in accordance with VMware Technical Services Support Policy and Terms. The total estimated value of the procurement will be , with the base year TO estimated at , using FY25 funds.

4. Identify the exception to fair opportunity and supporting rationale.

Justification for Brand Name Exception to Fair Opportunity -

The statutory authority permitting exception to fair opportunity is FAR 16.505(b)(2)(i)(B). �Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.� This acquisition requires the procurement of items peculiar to one manufacturer on a brand name basis in accordance with FAR 16.505(a)(4)(i).

VMware by Broadcom software is proprietary and currently utilized on desktops and servers throughout the USCG Virtual Desktop Infrastructure (VDI) environment.

. No other software brand can be used

The contracting strategy that will provide the government the best value is to compete the brand-name VMware software maintenance renewal using NASA SEWP V.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated cost will be fair and reasonable based on adequate price competition, as there are multiple authorized resellers on NASA SEWP V contract vehicle. The Contracting Officer will also perform a price evaluation to determine that the price at the time of award represents the overall best value for the Government, is fair and reasonable, and is consistent with the contract vehicle terms.

6. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

. The availability of multiple re-sellers able to satisfy this brand name requirement ensures competition. However, the Government will continue to conduct market research into other software and support options that could meet future requirements.

7. Contracting Officer�s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

8. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government�s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

9. A written determination by the approving official that one of the circumstances in paragraphs FAR 16.505 (b)(2)(i)(A) through (E) applies to the order.

I have reviewed this Justification for an Exception to Fair Opportunity and find it to be accurate and complete to the best of my knowledge and belief.