Brand Name Justification REDACTED.pdf

JA-24-009

Justification for an Exception to Fair Opportunity

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

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Coast Guard (USCG) Command, Control, Communications, Computers, Cyber, and Intelligence Service Center (C5ISC), and

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 delivery order (DO) for brand-name NetApp hardware and software annual maintenance renewal support, pursuant to FAR 16.505 (a)(4)(i), restricting items peculiar to one manufacturer. This brand name requirement will result in a Firm-Fixed

Price (FFP) DO issued amongst authorized NetApp resellers and service providers on the

Department of Homeland Security (DHS) FirstSource II Department Wide Acquisition

Contract (DWAC).

3. Description of Supplies/Services.

The USCG requires commercial brand name NetApp hardware and software maintenance support 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 (4/1/2024 – 3/31/2025) with an estimated amount of

XXXXXXXXXX using FY24 funds.

Part No Description Qty Estimated

Unit Price

Estimated

Total Price

CS-R-NRD2-E

Non Returnable Disk Plus,Renewal,e

XXXXXXXXX XXXXXXXXX

CS-WARRANTY-

EXTENSION

Non Returnable Disk Plus,Renewal,e

4 XXXXXXXXX XXXXXXXXX

CS-SEC-4HR

SE Secure for Gvt,7x24,4hr Onsite

16 XXXXXXXXX XXXXXXXXX

CS-SUPPORT-

MANAGEMENT

Supplemental Support Management

18 XXXXXXXXX XXXXXXXXX

CS-SEC-4HR

Gvt,7x24,4hr Onsite, Post Warranty

6 XXXXXXXXX XXXXXXXXX

CS-SUPPORT-

MANAGEMENT

Gvt,7x24,4hr Onsite, 4 XXXXXXXXX XXXXXXXXX

CS-WARRANTY-

EXTENSION

Warranty Extension, 18 XXXXXXXXX XXXXXXXXX

CS-O2-4HR

SupportEdge Premium 4hr Onsite

2 XXXXXXXXX XXXXXXXXX

Estimated Total Firm Fixed Price XXXXXXXXX

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

Justification for Brand Name Exception to Fair Opportunity –

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 FAR 16.505(a)(4).

NetApp hardware and software is proprietary and is currently used throughout the USCG network infrastructure. The NetApp 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. If the maintenance is not procured, the USCG will lose the ability to receive updates and manufacturer support which would cause systems to be out of compliance, experience vulnerabilities, and could extend downtimes. This would subject the systems to external infiltration, Command Cyber Readiness

Inspection (CCRI) and other security audit failures, and the risk of being removed from the network.

Due to the NetApp’s proprietary nature, the contracting strategy that will provide the

Government the best value is competing the brand-name NetApp hardware and software maintenance renewal using DHS FirstSource 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 between two or more responsible offerors as there are multiple authorized resellers on DHS FSII contracting vehicle, which will ensure adequate competition.

The Contracting Officer will 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

FirstSource II contract vehicle terms.

6. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

NetApp equipment is proprietary and is utilized on the USCG network. The availability of multiple resellers on DHS FirstSource II that can provide NetApp products ensures competition.

The USCG is constantly monitoring the marketplace and evaluating the USCG backup systems to seek viable alternatives to NetApp. Should viable alternatives be discovered the requirement for a new USCG backup system would be competed.

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.

XXXXXXXXXXXXXXX_ ___________

Eboné Newbon Date

Contracting Officer

8. 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.

XXXXXXXXXXXXXXX______________ ___________

Trina Queen Date

Technical Representative/COR

APPROVAL:

XXXXXXXXXXXXXXXXXXXXXXXXX______

Eboné Newbon

Contracting Officer