IB08 JEFO Nutanix Final_Redacted for Solicitation.pdf

Control No.: MICC 2025-96

Justification Review Document for an Exception to Fair Opportunity � FAR Part 16

Program/Equipment: U.S. Army Human Resources Command (HRC) and U.S. Army Recruiting Command (USAREC) intend to execute a maintenance renewal contract for Nutanix software.

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

Amount:

Prepared by:

Contacting Officer: Joseph R. Lawrence COM: 502-624-6496 Contracting Officer Date: 02 JUL 2025 Email: joseph.r.lawrence3.civ@army.mil

Technical:

Requirements:

5. Reason for Authority Cited:

a. HRC/USAREC�s Nutanix system is an integrated hardware, software, and centralized management system tailored to the organizational structure and the Army Enterprise standards. These Nutanix Systems support multiple hypervisors, centralized management of clusters, automation of security checks for Security Technical Implementation Guide (STIG) findings, site to site replication for Continuity of Operations (COOP), Non-disruptive OS/firmware/hypervisor upgrades or patches and file and block NFS/ISCSI/SMBv3 capability. The existing Nutanix system requires brand name upgrades because only Nutanix, and no other brand, can provide the required software maintenance and that this determination is based on market research findings.

b. Alternatives: The introduction of an alternate system, other than Nutanix, to the HRC/USAREC infrastructure would introduce a significant technology, training and operational burden that would prove cost prohibitive to systems other than Nutanix. An alternative solution would also result in the significant cost to re-tool the existing hardware/software platforms. The requirement must be Nutanix branded for it to function properly. This system is critical to the success of the HRC and USAREC�s mission.

c. Impact if not approved: HRC/USAREC requires brand name support for the several Nutanix systems to ensure that the patches and updates are applied in order for the data center to remain STIG compliant. HRC/USAREC also requires continuity and support of maintenance to ensure that it will be compatible with the existing equipment in order to prevent the malfunction of critical Information Management Systems.

HRC/USAREC has a large capital investment in Nutanix equipment and failure to maintain it properly would result not only in mission failure but investment as well.

HRC/USAREC would have to request replacement equipment if the Nutanix equipment were to fail because of the lack of maintenance; thereby, resulting in a large expense to

6. Actions to Increase Competition: Per Army Federal Acquisition Regulations Supplement, (AFARS) 5139, all in scope items must be procured through the Computer Hardware Enterprise Software and Solutions (CHESS) contract vehicle unless a statement of non-availability and ITAS waiver exists for the product. The maintenance required falls within the scope of the CHESS Information Technology Enterprise Solutions � 3 Hardware (ITES-3H) contracts. HRC utilizes CHESS and the vendor network it has in place for all procurements where the products are available. HRC has contacted CHESS vendors that can support this requirement and provide the support needed. Nutanix is the required brand for this purchase and there are currently multiple CHESS resellers who can support this requirement.

7. Market Research: Market Research was obtained through CHESS ITES-3H contracts. In accordance with Army Regulation 25-1 and AFARS 5139.101-90(a), CHESS is the mandatory source for all IT acquisitions. HRC has received budgetary quotes from five CHESS vendors (four Small Business and one Large Business) and the Army.

used this information to develop an independent government cost estimate. Since it is anticipated that two or more Small Business are capable of meeting the needs of this requirement, this action will be solicited as a 100% Small Business Set-aside.

8. Other Facts: Procurement History.

Contract: W52P1J-16-D-0011 / W9124D-24-F-0317 Contractor: Zivaro Inc Amount: $2,738,684.20 Award Date: 8/10/2024 Competitive Status: Exception to Fair Opportunity Authority: FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer.

Contract: W52P1J-16-D-0011 / W9124D-23-F-0435 Contractor: Zivaro Inc Amount: $2,825,847.52 Award Date: 8/10/2023 Competitive Status: Exception to Fair Opportunity Authority: FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer

Contract: W52P1J-16-D-0013 / W9124D-22-F-0298 Contractor: CDW-G Amount: $2,854,345.00 Award Date: 8/10/2022 Competitive Status: Exception to Fair Opportunity Authority: FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer

Contract: W52P1J-16-D-0013 / W9124D-21-F-0452 Contractor: CDW-G Amount: $2,651,776.85 Award Date: 8/10/2021 Competitive Status: Exception to Fair Opportunity Authority: FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer

Contract: W52P1J-16-D-0103 / W9124D-20-F-0539 Contractor: CDW-G Amount: $1,335,391.05 Award Date: 8/10/2020 Competitive Status: Exception to Fair Opportunity Authority: FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer

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.

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.

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. As a part of this basis, certified cost or pricing data will not be required and the following exceptions apply (FAR 15.403): prices that will be agreed upon are based on adequate price competition, a commercial item is being acquired, and the estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Date: See digital signature Joseph R. Lawrence Contracting Officer

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

Date: See digital signature Joseph R. Lawrence 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 16.505(a)(4) - restricting consideration to an item peculiar to one manufacturer. The estimated value of the contract is for a 1-year period of performance from 10 August 2025 through 9 August 2026. The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.