JEFO_Redacted.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

WHS-2024-1232-JA

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

UNDER FEDERAL ACQUISITION REGULATION SUBPART 16.5

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense, Washington Headquarters Services, Acquisition Directorate is the contracting activity.

2. DESCRIPTION OF ACTION: Request approval for a Brand Name Firm-Fixed Price procurement for Juniper Care manufacturer support.

3. DESCRIPTION OF SUPPLIES/SERVICES: This requirement is to procure manufacturer support for Juniper Networking appliances/components currently in production on 114th Signal Battalion network to include NIPRNet (NIPR) / SIPRNet (SIPR) / Top Secret (TS) Juniper Networking equipment. This contract will provide 24 hours a day/5 days a week access to the extensive Juniper.com knowledgebase and tools, 8 hours a day, 5 days a week access to the Juniper Resident Engineer troubleshooting and operational assistance center, and Next-Business-Day (NBD) advance replacement hardware replacement option. This contract will also provide ongoing operating system software updates that include both minor and major releases within the licensed feature set and Juniper JUNOS OS software support to extend the life of Juniper devices with improved security, increased performance, bandwidth management, new protocol support, and greater interoperability. This is a Defense Information Systems Agency (DISA) Security Technical Implementation Guideline (STIG) requirement and part of the Risk Management Framework (RMF) requirement from DODD 5400.44 to the Department of the Army.

Support will also include onsite hardware service and advanced replacement of hardware components with next business day shipping.

Manufacturer support will be required for the following:

required because the supplies or services ordered are unique or highly specialized.”

The114th Signal Battalion Information Systems and Services at RRMC is operating Juniper Networking components that provides network access for various users.

Therefore, the only manufacturer who can warrant and support the product is Juniper Care. Hardware components previously covered under Juniper Care manufacturer warranty are no longer covered as the warranty expired October 2023. Purchasing another brand/manufacturer would require the Government to purchase new equipment, new training, and redesign of the existing network. Purchasing the same brand manufacturer will help reduce substantial duplication of cost to the Government, which is not expected to be recovered through competition. Based on the market research, there were five authorized resellers that responded to the Sources Sought Notice that was posted on Army Computer Hardware, Enterprise Software and Solutions (CHESS). The order will be issued to authorized resellers of Juniper Care on CHESS Information Technology Enterprise Solution-3 Hardware Government-Wide Acquisition Contract, to meet the Government’s need.

5. FAIR AND REASONABLE COST DETERMINATION: In accordance with FAR

15.404-1(b)(v), Contracting Officer has determined that the anticipated price for this order will be fair and reasonable after comparing the proposed prices with the IGCE. The items will be purchased under the Army CHESS IT Enterprise Solutions-3 Hardware Contract, where contracts were previously competed and negotiated with intent of getting the best pricing and discount. No Certified Cost and Pricing Data will be obtained.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: N/A

7. ACTIONS TO REMOVE OR OVERCOME ANY BARRIERS THAT

OVERCOME ANY BARRIERS THAT LEAD TO THE EXCEPTION TO FAIR

OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES IS MADE: The existing network equipment solution is scheduled for a technical refresh in Fiscal Year 2026. At that time competition will be increased to allow for additional manufactures to bid on and meet the Government’s unique requirements.

8. If this acquisition is for new work as a logical follow-on to an order already issued under the contract, was the original order was placed under the fair opportunity process?

☒Yes, all awardees were given a fair opportunity to be considered for the original order.

☐No, a copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification ☐ were ☐ were not completed

☐Not Applicable. This is a new requirement.

CERTIFICATION