IB02 W9124D-20-Q-6398 Knox EFOJ 2020_79 v3 Final_Redacted.pdf

Control No: MICC 2020-79 Program/Equipment: Nutanix Maintenance Renewal

Version September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: Human Resources Command (HRC) intent is to execute one maintenance renewal contract for Nutanix that will consolidate Nutanix requirements that were previously under five separate maintenance renewal contracts.

Authority: FAR 16.505(a)(4) Restricting consideration to an item peculiar to one manufacturer a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

result in the significant cost to re-tool the existing hardware/ software platforms. The requirement has to be Nutanix branded for it to function properly and not malfunction-as this system is .

6. Actions to Increase Competition: The items requested fall within the scope of the CHESS ITES-3H contract. Per Army Federal Acquisition Regulation Supplement (AFARS) 5139, all in-scope items must be procured through the CHESS contract vehicle unless a statement of non- availability and Information Technology Approval System (ITAS) waiver exist for the product or services. HRC will continue to monitor the market for other systems and/or products.

7. Market Research: The items requested fall within the scope of the CHESS ITES-3H contract. Per AFARS 5139, all in-scope items must be procured through the CHESS contract vehicle unless a statement of non- availability and ITAS waiver exist for the product or services. Due to the estimated value of the contract, an effort to promote competition, and to meet the requirements of AFARS 5139.101, this requirement will be solicited through CHESS as a brand name requirement.

8. Other Facts:

a. Procurement History:

1) Contract: W52P1J-16-D-0013/W9124D-19-F-0474 Contractor: CDW-G Award Date: 8/10/2019 Competitive Status: CHESS ITES-3H, Brand Name Authority: FAR 16.505(a)(4)

2) Contract: W52P1J-16-D-0103/W9124D-19-F-0405

Award Date: 7/15/2019 Competitive Status: CHESS ITES-3H Brand Name

3) Contract: W52P1J-16-D-0013/W9124D-19-F-0322

Award Date: 6/16/2019

4) Contract: W52P1J-16-D-0013/ W9124D19F0445

Award Date: 7/28/2019

5) Contract: W52P1J-16-D-0013/W9124D-19-F-0466

Award Date: 10/1/2019

6) Contract: W52P1J-16-D-0103/W9124D-19-F-0405

Award Date: 11/19/2019

7) Contract: W52P1J-16-D-0013/W9124D-19-F-0602

Award Date: 9/27/2019

8) Contract: W52P1J-16-D-0013/ W9124D-20-F-0050

Award Date: 11/20/2019

9) Contract: W52P1J-16-D-0013/W9124D-20-F-0107

Award Date: 12/30/2019

b. There is no alternative software that can provide the same capabilities and functionality as the Nutanix.

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

Date: See electronic signature

IT Specialist Lead

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

__ Date: See electronic signature

IT Specialist Lead

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be made using price analysis and the independent government estimate. As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403): Prices that will be agreed upon are based on adequate price competition, and a commercial item is being acquired.

Contracting Officer

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

Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of Nutanix Maintenance Renewal of Hardware and Software, using an exception to fair opportunity pursuant to the authority of Federal Acquisition Regulation Subpart 16.505(a)(4), Restricting consideration to items peculiar to one manufacturer. The estimated value of the contract is with anticipated delivery in August 2020. Fiscal Year 2020 funds have been provided. This approval is subject to the services or supplies herein described, have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate to the Command Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX