HP Brand Name Justication Redacted.pdf

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Justification for Exception to Fair Opportunity

Brand Name FAR 16.505(a)(4)(i)

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), the United States Coast Guard (USCG), Command, Control, Communications, Computers, Cyber and Intelligence Service Center (C5ISC), C5I

Contracting and Procurement, Alexandria (CG-9141) located at 7323 Telegraph Road, Alexandria, VA 20598-7320, 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) under the brand name exception to fair opportunity for the annual renewal of Hewlett-Packard (HP) hardware and software maintenance pursuant to

FAR 16.505(a)(4)(i), restricting consideration to an item peculiar to one manufacturer. This will result in a Firm-Fixed-Price (FFP) Delivery order amongst authorized Hewlett-Packard resellers via the Department of Homeland Security (DHS) First Source II Department Wide Acquisition Contract

(DWAC).

3. Description of Supplies/Services.

The USCG requires commercial brand name HP hardware and software maintenance support in order to meet and sustain security requirements on the USCG network. Through this annual maintenance the USCG receives technical support, security patch updates, and software release updates. The annual hardware and software maintenance renewal will be utilized for a period of 12-months (1/1/2021 – 12/31/2021 (unless End of Service Life is reached prior) with an estimated amount of X.XX using FY21 funds.

HP Hardware Maintenance

HP Reference#: 49239366

Period of Performance 01/01/2021 - 12/31/2021

ASMPD504USCGOSC14 /

104925653884

1 $ -

HP Hardware Maintenance

HP Reference#: 49239367

Period of Performance 01/01/2021 - 12/31/2021

ASMPD504USCGOSC12 /

104925653654

1 $ -

HP Hardware and Software Maintenance

HP Reference#: 49239368

Period of Performance 01/01/2021 - 05/31/2021 (C5I-0058-03.3)

Period of Performance 01/01/2021 - 12/31/2021 (C5I-0058-05.4)

ASMPD504USCGOSC18 /

104925684293

1 $ -

HP Hardware and Software Maintenance

HP Reference#: 49239370

Period of Performance 01/01/2021 - Various (C5I-0058-03.3)

Period of Performance 01/01/2021 - Various (C5I-0058-05.4)

ASMPD504USCGOSC11 /

104925653594

1 $ -

HP Hardware and Software Maintenance

HP Reference#: 49239371

Period of Performance 01/01/2021 - 12/31/2021 (C5I-0058-03.3)

Period of Performance 01/01/2021 - 04/30/2021 (C5I-0058-05.4)

ASMPD504USCGOSC13 /

104925653714

1 $ -

HP Hardware and Software Maintenance

HP Reference#: 49239372

Period of Performance 01/01/2021 - 12/31/2021

ASMPD504USCGOSC15 /

104925653944

1 $ -

Estimated Total Firm Fixed Price $ -

SAR / SAIDItem Description Quantity Cost

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

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 requirement will be procuring items peculiar to one manufacturer on a brand name basis in accordance with

16.505(a)(4)(i).

HP software and hardware is proprietary -----------------------------------------------------. The HP annual hardware and software maintenance renewal must be purchased in order to keep the software up to date, receive security patches as they are released, and maintain hardware capabilities. No other brand can provide this proprietary software and hardware updates. The maintenance renewal is necessary to ensure C5ISC - Kearneysville can continue to meet the change management and configuration management mandates for all components that reside within its boundaries.

Due to the USCG’s need for proprietary HP requirements, the contracting strategy, which will provide the Government best value, is competing the brand-name HP renewal requirement using the

DHS First Source II contracting vehicle.

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 HP resellers on the First Source II

DWAC. The Contracting Officer also perform a price analysis to determine that the price at the time of award represents the overall best value for the Government and is consistent with the DHS

First Source II contract vehicle terms.

6. At this time, there are no other actions the Government can take to foster increased competition.

Currently, HP hardware and software is proprietary ----------------------------. The availability of multiple vendors that can provide HP brand name hardware and software maintenance ensures competition.

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.

Contracting Officer

08. 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.

Contracting Officer’s Representative

APPROVAL:

Contracting Officer