BRAND_NAME_JUSTIFICATION.pdf

Tracking # {//REDACTED//}

Justification and Approval for Other than Full and Open Competition - Brand Name Acquisition

FAR Subpart 6.3 Other Than Full and Open Competition

1. Identification of the agency and contracting activity: The agency is the Defense Health Agency (DHA), Joint Medical Logistics Functional Development Center (JMLFDC){//REDACTED//}. The Contracting Activity responsible for this action is the Contracts Operations Division – Falls Church (COD-FC) {//REDACTED//}.

2. Nature and/or Description of Action being approved: The proposed acquisition is for the renewal of one WebInspect license, maintenance support agreement and WebInspect and LIM server software license agreements. This action provides maintenance support for existing the WebInspect and LIM server licenses to satisfy Information Assurance (IA) requirements. WebInspect’s IA support is {//REDACTED//}to the {//REDACTED//} environment for site accreditation to remain in {//REDACTED//}and {//REDACTED//}.

Approval is being requested for a new firm fixed price (brand name) contract for renewal of existing commercial-off-the-shelf (COTS) WebInspect and LIM server annual software maintenance licenses and to additionally acquire one new COTS WebInspect annual software maintenance license. The renewal will provide support and usage of the WebInspect license for DHA {//REDACTED//}users. The government intends to negotiate a Firm Fixed Price (FFP) Delivery Order on an open market brand name basis.

3. Description of Supplies/Services:

The maintenance support descriptions are as follows:

• WebInspect 1 CC User SW E-LTU HP Support and updates 9x5, MPN: {//REDACTED//}

• HP LIM Server SW E-LTU HP Support and updates 9x5, MPN: {//REDACTED//}

• HP WebInspect 8.00 English SW E-Media, MPN: {//REDACTED//}

These items are necessary for the continued support to the DHA {//REDACTED//}.

The period of performance will include a base period of performance starting on April 10, 2015 and ending on October 31, 2016 at a cost of ${//REDACTED//}, and four (4) option periods of twelve-months.

The total estimated value of this effort, including all options, is ${//REDACTED//}. The base period will be funded with {//REDACTED //}funds.

Base Year Option 1 Option 2 Option 3 Option 4

WebInspect software maintenance renewal ${//Redacted//} ${//Redacted//} ${//Redacted//} ${//Redacted//} ${//Redacted//}

IGCE TOTAL ${//Redacted//} ${//Redacted//} ${//Redacted//} ${//Redacted//} ${//Redacted//}

GRAND TOTAL ${//REDACTED//}

4. Statutory Authority Cited: This action is under the authority of FAR 6.302-1 (c)(1) Application for brand name description. An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited.

No other supplies or services will satisfy the agencies requirement. There is only one Brand (WebInspect) that will meet the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

Because this acquisition contains brand name specifications the documentation required by 6.301-1(c) Application for brand name descriptions, will be included with the solicitation, this acquisition does not provide for full and open competition, regardless of the number of sources solicited.

5. Reason for Authority Cited: WebInspect is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company. Hewlett Packard (HP) is the sole manufacturer of WebInspect License and LIM server maintenance renewal, and no other manufacture produces an equivalent product that matches the requirement. Therefore, this acquisition does not provide for full and open competition, regardless of the number of sources solicited.

The government intends to solicit on a brand-name only basis concluding that the agency’s minimum needs can only be satisfied by an acquisition of portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacture.

6. Efforts to Obtain Competition In accordance with FAR Subpart 5.2 a Request for Information (RFI)/Sources Sought (SS) Notice was posted on March 4, 2015. The RFI/SS Notice attempted to identify the availability of qualified commercial sources technically capable of fulfilling the requirement.

{//REDACTED//}}. {//REDACTED//}, from purchasing history, there are {//REDACTED//}sources {//REDACTED//}and authorized by the manufacturer to provide the requested WebInspect software and LIM server maintenance renewal.

On an ongoing basis, {//REDACTED//}initiates and continues to provide market research. Our efforts were conducted through GSA Advantage and internet searches for vendors able to provide renewal maintenance for the WebInspect software and LIM server maintenance renewal. {//REDACTED//} vendors {//REDACTED//} were identified through the result of market research conducted by {//REDACTED//}. This solicitation may be competed amongst any vendors able and authorized by the manufacturer to provide the requested WebInspect software and LIM server maintenance renewal.

The justification shall be posted with the solicitation (see FAR 6.302-1 (c)(ii) (C) or 5.102(a)(6)) and redacted as necessary per 6.305(c).

7. Actions to Increase Competition: Based on the current market research, {//REDACTED//}required level of competition shall be obtained by soliciting offers from as many potential sources as is practicable under the circumstances and justified in accordance with FAR subpart 6.302-1(c)(1)(i). In the case of future requirement, the {//REDACTED//}may take action to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

8. Market Research: An RFI/SS Notice posted on March 4, 2015, that encouraged maximum participation, to the extent practicable, by small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

Also between November 2014 and January 2015 market research was conducted to identify available vendors able to commercially provide maintenance support for WebInspect and LIM server software licenses. An internet search using internet search engines, and government-wide schedule contracts identified {//REDACTED//}previously mentioned vendors ({//REDACTED//}and {//REDACTED//}) capable of providing the required license maintenance support. This market research concluded that {//REDACTED //} sources that can meet the government requirement.

9. Other Facts:

a. The nature of the required procurement is maintenance for existing software licenses that are already in-use and established products within the {//REDACTED//} environment. Therefore, the continuation of the existing brand-name product maintenance support is necessary.

As a result, this limits full and open competition because there are limited sources that are available and authorized to provide these products.

b. Historical data:

(1) Pursuant to the previous renewals for the same under the previously authority cited: FAR 8.405-6 (a)(2) - these items are peculiar to only one manufacturer (e.g., a particular brand name, product, or a feature of a product peculiar to one manufacturer).

(2) An explanation of any unusual patterns which may be revealed by the history, {//REDACTED//}, {//REDACTED//}. - Not applicable.

(3) There are no changes to the circumstances requiring other than full and open competition. The specific product of WebInspect and LIM server license maintenance is still the government’s requirement.

c. Unusual and compelling urgency: not applicable.

10. Interested Sources:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm%23P30_4477

{//REDACTED//}POC: {//REDACTED//}

{//REDACTED//}POC: {//REDACTED//}

11. Methods to overcome barriers:

The requirement for WebInspect and LIM server maintenance renewal will be reviewed and evaluated within each acquisition cycle, and the government will continue to obtain {//REDACTED//}approvals before submitting for procurement action.

If at any time the maintenance renewal is deemed no longer needed, or an alternative product is presented with a {//REDACTED//}and {//REDACTED//}, the WebInspect requirement will be re-evaluated.

Coordination:

12. Technical/Functional Representative:

I certify that the supporting data under my cognizance which are included in the justification is accurate and complete to the best of my knowledge and belief.

Signature: {//REDACTED//}

13. Requirements Certification:

I certify that the supporting data under my cognizance which are included in the justification is accurate and complete to the best of my knowledge and belief.

Signature: {//REDACTED//}

14. Fair and Reasonable Cost Determination: The basis for this determination is as follows: independent Government estimate, historical data, and current market surveillance. As part of this basis, certified cost or price data will not be required pursuant to exceptions in FAR Part 15.403(b)(3) regarding commercial items and based on the {//REDACTED//}.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Signature: {//REDACTED//}

15. Legal Review:

I have reviewed this J&A and it is deemed to be legally sufficient.

Signature: {//REDACTED//}

16. Chief, Contract Policy and Compliance Division: I certify that the supporting data under my cognizance which are included in the justification is accurate and complete to the best of my knowledge and belief.

Signature: {//REDACTED//}

Approval:

17. Contracting Officer:

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

Based on the foregoing justification, I hereby approve the procurement of WebInspect software license and maintenance renewal on an other than full and open competition basis pursuant to the authority of 10 U.S.C.

2304(c)(1) (6-302-1(c)), subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

Signature: {//REDACTED//}