Justification-Exceptiont Fair Opportunity-Dell-SANS-Redacted.pdf

UNCLASSIFIED

revised 07/11/2016

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FAR Part 16.505(b)

1. Identification of the agency and the contracting activity:

The Office of Inspector General, Office of Investigations (OIG/INV), through the Office of Acquisition Management (AQM), contracting activity proposes to restrict consideration to an item peculiar to one manufacturer for highly specialized Dell A300/H700 Storage area Network (SANS). The anticipated estimated acquisition cost is $123,456.73.

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

This requested action is to issue a brand-name Firm Fixed Price (FFP) delivery order for

DELL Storage Area Network (SANS) products. Approval is requested to limit the number of sources for soliciting and awarding the delivery order under the NASA SEWP contract vehicle for the supplies and/or services described below.

3. A description of the supplies or services required to meet the Department’s needs.

The requirement provides the Dell A300 and H700 (SANS) at SA-39, 9th floor, OIG/INV

Forensics Lab at a total cost of $xxxxxx. This will allow the OIG Office of Investigations to accomplish adding Forensic Lab increased storage requirement. This action pertains to the approval of a new order for Dell A300 and H700 SANS. The Dell A300 and H700 are high-performance storage area network (SAN) solutions that offer enhanced data storage capacity, scalability, and reliability. These SAN units are designed to support critical operations by providing efficient and secure data management.

The supplies required to meet the Department’s need include: (Equipment List Attached Quote)

4. Authority permitting a Fair Opportunity Exception and the supporting rationale. This acquisition is conducted pursuant to 41 U.S.C. 4103 and 4106 as implemented by FAR

16.505(b)(2) and substantiated by the following

☒ 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 item peculiar to one manufacturer is required, brand name item, through any eligible product supply schedule. Dell has been identified as the only vendor capable of meeting the OIG/INV requirement. Upon evaluating multiple vendors, Dell emerged as the only provider that currently offers the specialized hardware and software integrations required for this OIG/INV specific use case. The referenced features include advanced security protocols, customizable configurations, and superior scalability options, and interoperability with the office’s Forensics Lab currently fielded Dell equipment which is critical to OIG/INV Forensic Lab operations.

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

The Contracting Office determines that the anticipated price(s) will be fair and reasonable based on comparing current pricing to the pricing on the prices listed in the previously competed IDIQ contract and prices of previously awarded DELL products. By signing the justification, the Contracting Officer decides that the cost/price to the Government are expected to be fair and reasonable.

6. Any other facts supporting the justification.

Dell Inc. is the manufacturer of the Dell A300 and H700 Storage area Network (SANS).

This interoperable infrastructure will currently fielded OIG/INV Digital Forensic Lab Capability will provide and enhanced capability assisting the OIG/INV Digital Forensics Program with the timely and efficient evaluation of digital evidence.

7. Actions the agency May Take to Remove or Overcome Any Barriers to Increase Fair Opportunity before any subsequent acquisitions for the supplies or services is made.

The award of this contract restricting consideration to an item peculiar to one manufacturer allows the OIG/INV to immediately fill a requirement by providing enhanced digital forensic evidence during investigative/enforcement action response.

There are no additional actions required at this time.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 16.505 (b)(2)(ii)(B)(9)) I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

SIGNATURE:

9-12-2024

William Fitzgibbons Date Operations Division Program Manager

OIG/INV

CERTIFICATIONS (Continued)

CONTRACTING OFFICER CERTIFICATION (FAR 16.505(b)(2)(ii)(C)(1)) I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval. (Ref: FAR 16.505 (b)(2)(ii)(C)(1) Serves as Approval for J&A Over Simplified Threshold Not Exceeding $700,000)

Sharon Jackson Date Contracting Officer Office of Acquisition Management

(A/LM/AQM)

Signatures cont’d

APPROVALS

Telisa Williams Date Branch Chief Office of Acquisition Management