JUSTIFICATION AND APPROVAL for CIS REDACTED_Redacted.pdf

J&A Log #

JUSTIFICATION AND APPROVAL

FOR AN EXECEPTION TO FAIR OPPORTUNITY- BRAND NAME

This is a brand name justification pursuant to 41 U.S. Code § 3304, FAR 16.505(a)(4), and

16.505(b)(2)(i)(B)

Pursuant to the authority cited herein, the below justification is approved for an exception to fair opportunity- use of items peculiar to one manufacturer and/or brand-name.

1. Contracting activity:

U.S. Securities and Exchange Commission Office of Acquisitions 100 F Street, NE Washington, DC 20549-2000

2. Nature and/or description of the action being approved.

This is a justification for an exception to fair opportunity on brand name basis for the purchase of Center for Internet Security (CIS) Membership.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This requirement is for the purchase of Center for Internet Security (CIS) Membership. The estimated value for this procurement is a Firm Fixed Price (FFP) of for (3) years.

4. Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited

The authorities permitting an exception to fair opportunity based on brand name are 41 U.S. Code § 3304

- Use of noncompetitive procedures; FAR 16.505(a)(4)- An item peculiar to one manufacturer- brand name because the particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs; and FAR 16.505(b)(2)(i)(B)- Center for Internet Security (CIS) Membership.

This J&A supports the purchase of Center for Internet Security (CIS) Membership at the SEC. The SEC OIT requires this membership in order to harden IT servers according to industry benchmarks. This membership will provide SEC with those benchmarks as well as scanning tools, scoring, and support to harden SEC systems accordingly.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.