Justification_for_Exception_to_Fair_Oppt_-_CommVault__Redacted.pdf

Tracking #JA0048

Justification for an Exception to Fair Opportunity CommVault Licenses and Service Agreement

1. Agency and Contracting Activity: Defense Health Agency, Contract Operations Division- San Antonio (DHA COD-SA).

2. Nature of Action Being Approved: Approval is requested for a justification for an exception to fair opportunity for a new brand name firm-fixed-price contract for licenses and an associated software assurance/service agreement. This requirement will be procured with FY14 Other Procurement Army (OPA) and Defense Health Program (DHP) funding.

3. Description of Supplies/Services: The Defense Health Agency (DHA) requires CommVault licenses and a software assurance/service agreement to meet the needs of the enterprise backup solution. These licenses will be used to maintain a common enterprise backup solution for the U.S. Army Medical Department (AMEDD) enterprise and future DHA backup needs. The current backup solution includes NetApp appliances and proprietary tools used to backup data;

however, this solution is lacking key features and functionality required to provide an enterprise backup solution. These features include the ability to backup virtual machines (VM) and restore individual files. The CommVault backup solution will provide a centrally managed enterprise level backup capability to backup Microsoft Distributed File System Replication (DFS-R), a simple supported way to efficiently backup the enterprise VM environment and the ability to expand/integrate our backup solution in order to support current AMEDD needs as well as future DHA projects. An annual software assurance/service agreement is also required to ensure these licenses remain secure and functional. The period of performance for this requirement is 30 September 2014 to 29 September 2015. The associated service agreement will provide for:

program updates, patches, fixes, and 24 x 7 remote support. The estimated value of this proposed action is $907,279.00.

4. Exemption & Rationale: 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. Based on extensive market research, as described in paragraph 6, it was determined that other manufacturer’s similar products do not provide the key features and functionality necessary to meet DHA backup needs.

5. Determination of Fair and Reasonable Pricing: This requirement will be competed under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) Government-wide Acquisition Contract (GWAC) vehicle. NASA has already determined the prices on the GWAC vehicle to be fair and reasonable due to competition. By having at least 25 capable vendors who can propose on this requirement, it is anticipated that pricing will be competitive .

6. Other Facts: DHA reviewed product literature for similar products provided by NetApp, CommVault, and EMC Avamar.

SOURCE SELECTION INFORMATION

(See FAR 2.101 and 3.104-4)

a. The NetApp product is a remarked CommVault product and can only be used with the vendor’s proprietary storage equipment. This is an add-on to the current solution and is missing several key capabilities for our enterprise backup requirements.

b. EMC Avamar is capable of providing the necessary enterprise backup solution but is more expensive and is only sold as hardware appliance and software together. This solution would require the purchase of additional hardware, software licenses and training for the technicians and would not utilize existing hardware which has several years remaining of its current life-cycle.

c. The CommVault solution is currently in operation on the Military Heath Services and is fully capable of providing the necessary enterprise backup solution as well as allow us to utilize existing backup storage hardware. Based on these reviews, DHA has concluded that only the CommVault solution will meet the minimum essential characteristics laid out in paragraph 3, and are the only products that are currently known to be fully compatible and an acceptable source for meeting the program requirements.

7. Actions to Remove or Overcome Barriers to Fair Opportunity: No other vendors have been found that can provide products that will meet the program needs. However, the Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed.

Coordination:

8. Technical/Functional 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.

Typed Name: : _________________________

Title:

9. Requirements Certification:

I hereby certify that the requirements for the acquisition of CommVault Licenses and services as delineated in paragraph 3 are accurate and complete.

Typed Name: Date: __________________________

Title: :________________________

10. Determination of Applicability of Statutory Exception: Based on the foregoing justification, I have reviewed the procurement of CommVault Licenses and Service Agreement on an exception to fair opportunity basis pursuant to that authority of FAR 16.505(b)(2)(i)(B) (brand name), and determined this to be applicable to this procurement.

Typed Date:__________________

Title: _ Signature______________________

11. Legal Review:

I have reviewed this justification and approval and it is deemed to be legally sufficient

Typed Name:__

Signature______________________

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed

Signature______________________

Approval:

13. Competition Advocate: Based on the foregoing justification, I approve the procurement of CommVault Licenses and Service Agreement on an other than full and open competition basis pursuant to the authority of FAR 16.505(b)(2)(i)(B) and provided that the services and property herein described have otherwise been authored for acquisition.

Typed Name: