Limited Source J HPE-R.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition Office of the Chief Procurement Officer Version 3.0

Solicitation number. 70LGLY20QSSB00081

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3104, 40 U.S.C. 501

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by FAR Subpart 8.405 and in accordance with the requirements of FAR 8.405-6(b), the justification for the use of statutory authority under FAR Subpart 8.4 is justified by the following facts and rationale required under FAR 8.406(c)(2) as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal Law Enforcement Training Centers (FLETC), Procurement Division.

2. Nature and/or Description of the Action being Approved. The Procurement Division proposes to enter into a contract based on other than full and open competition for renewal of HP Blade System hardware and software maintenance support for all FLETC locations, Purchase Requisition (PR) 20CYD0005. The purpose of this procurement is for renewal of HP Blade System hardware and software maintenance support. A maintenance support contract is required to maintain the existing Blade Systems at optimal performance.

(a) Nature of action: DHS intends to procure on a sole source basis

(b) Name and address of the contractor:. Hewlett Packard Enterprise Company, One Discovery Sq 12010 Sunset Hills Rd Fl 3 Reston, VA, 20190 , UNITED STATES

(c) Contract type: Firm Fixed Price.

(d) Estimated total value:

(e) Previously awarded: period of performance end date 06/14/2020

(f) Type of funding: Operations and support funds.

(g) Year of funding: Fiscal Year 2020.

(h) Solicitation number:. 70LGLY20QSSB00081

(i) Background information about the requirement.

3. Description of Supplies/Services. Annual maintenance renewal of HP Blade System 24x7 onsite hardware and software support for all FLETC sites (Glynco, GA, Artesia, NM, Charleston, SC and Cheltenham, MD).

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 41

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

U.S.C. 3102, 40 U.S.C. 501 implemented by the Federal Acquisition regulation FAR 8.405- 6(b), entitled, “Items peculiar to one manufacturer” (Brand Name).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

(a) Rationale for using the authority cited in section 4 of the J&A; The HP Blade Systems was determined to be the best option for FLETC since it provides the ability to continue using the existing infrastructure, thereby reducing the number of support applications required to manage the enterprise.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition; The FLETC migrated from physical servers to a virtual server environment to enhance the availability, integrity, and recoverability of FLETC systems at all FLETC locations. The FLETC currently utilizes HP Blade Systems; these HP systems are a critical component of ensuring high availability of network systems and resources. It provides an enterprise environment, which enables both administration and support to be interchangeable. In order to manage the existing systems at optimal performance and maintain high availability, renewal of the maintenance support contract is required to provide 24x7 telephone support, hardware replacement, firmware updates, etc., at all FLETC locations. The FLETC Innovation and Technology Directorate continues to evaluate additional platforms to host our virtual infrastructure. No portion of the work can be segregated to allow for competition.

(c) Summarize alternatives considered and why they will not work; Startup costs of an alternative solution would significantly outweigh a maintenance renewal of the existing system. Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided. Failure to renew this maintenance could result in unacceptable loss of redundancy or downtime of critical systems.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

An announcement will not be published on FedBizOpps, the applicable exception under FAR

5.202 is the proposed contract action is an order placed under Subpart 8.405 Multiple-Award Schedule Program.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines the anticipated price will be fair and reasonable based on current catalog pricing from the manufacturer and comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

8. Description of Market Research. Market research is required by FAR Part 10, and the results of the market research should be summarized here. Include the following information:

(a) Describe the market research techniques utilized, the specific results of the market research, the date when the market research was conducted, and how the market research was used by the contracting officer to determine price reasonableness.

Market research was conducted June 6, 2020 via a review of white papers, professional magazines, web demonstrations, published pricing and internet research. A comparison of hardware, i.e., HP, Dell and Global Interface Solutions, Inc. was evaluated and a comparison of the proposed prices to historical prices paid.

(b) If market research was not conducted, a reason for its absence must be cited here.

Market research was conducted.

(c) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

This procurement is for the renewal of maintenance support for existing FLETC owned HP C-Class Blade Systems. Maintenance support for these systems is provided only by HP as the proprietary manufacturer and may be available through of their authorized resellers.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition. None

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

No firms have indicated, in writing, an interest in this acquisition

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. None

12. 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.