J&A_Other_than_Full_and_Open.pdf

UNITED STATES MARINE CORPS

CONTRACTING DEPARTMENT

MARINE CORPS BASE

P.O. BOX 8368

CAMP LEJEUNE, NORTH CAROLINA 28547-8368

J&A No. MCIEAST 1702

JUSTIFICATION AND APPROVAL FOR

USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. Marine Corps Field Contracting System, Marine Corps Installation East-Marine Corps Base, Camp Lejeune, North Carolina

2. Description of Action Being Approved. This Justification and Approval for Use of Other Than Full and Open Competition is for the award of a new contract.

3. Description of Supplies/Services. This justification authorizes and approves the award of a firm-fixed-price contract to NetApp, Inc. or an authorized partner, for Support Edge Secure for Government: Onsite Support Service in support of NetApp hardware products and includes the operating system and/or optional software products with entitlement tied to the Government owned NetApp hardware. The performance period for this contract is a base period of one year.

The estimated value of this procurement is $309,000.00.

4. Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 U.S.C. Section 2304(c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1(c), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority. NetApp is the sole designer, developer, and integrator of the existing hardware; Netapp Fabric-Attached Storage (FAS) 6280 device in use by the Government. This hardware requires NetApp branded parts or the system will not function as designed. The hardware will only run NetApp proprietary Data ONTAP operating system and firmware which requires updates and patches only released by NetApp.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Possible. A review of NetApp, Inc.’s website shows that these services can be purchased through a NetApp Authorized Partner. A synopsis and solicitation will be posted to the Federal Business Opportunities website in order to allow competition.

7. Determination of Fair and Reasonable Cost. The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable based on competitive offers.

8. Actions to Remove Barriers to Future Competition. For the reasons set forth in Paragraph 5, the Government has no plans at this time to compete future contracts for the types of supplies/services covered by this J&A outside of NetApps Inc. and its Authorized Partners. If another potential source emerges, the Government will assess whether competition for future requirements is feasible.