FAR Subpart 8.4 Limited Sources Justification.pdf

CUI

FAR Subpart 8.4 Limited Sources Justification

CUI

V 1.4 (29 Nov 2023)

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. Market research:

5. If appropriate, include any additional pertinent information.

B. ___ ONLY ONE SOURCE IS CAPABLE OF PROVIDING THE SUPPLIES OR SERVICES

REQUIRED AT THE LEVEL OF QUALITY REQUIRED BECAUSE THE SUPPLIES OR

SERVICES ARE UNIQUE OR HIGHLY SPECIALIZED (FAR 8.405-6(a)(1)(i)(B)) (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

C. ___ IN THE INTEREST OF ECONOMY AND EFFICIENCY, THE NEW WORK IS A

LOGICAL FOLLOW-ON TO AN ORIGINAL FEDERAL SUPPLY SCHEDULE ORDER

(FAR 8.405-6(a)(1)(i)(C)):

The original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA was not issued under sole-source or limited-sources procedures.

D. _X__ ITEMS PECULIAR TO ONE MANUFACTURER (FAR 8.405-6(b)):

Nutanix is fundamental to our mission. Nutanix is a proprietary product and no other manufacturer is authorized to sell or renew Nutanix licenses. Justifying the continued use of this software rests upon the irreplaceable nature of its existing design. If the Nutanix branded licenses are not renewed the installation will be required to shut down all virtual servers which includes the Water and Wastewater Treatment Plants, High Voltage, and Fire Alarm reporting services.

Alternatives require all new hardware plus license costs which is prohibitively expensive, in excess of $400,000.

CUI

FAR Subpart 8.4 Limited Sources Justification

CUI

V 1.4 (29 Nov 2023)

VI. DETERMINATION THAT THE ORDER OR BPA REPRESENTS THE BEST VALUE:

The Contracting Officer has determined that the order or BPA covered by this justification will represent the best value to the Government. Fair and reasonable pricing will be determined in accordance with DoD Class Deviation 2014-O0011 using the proposal analysis techniques at

FAR 15.404-1.

VII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE

HOLDERS:

A discussion of the market research conducted among schedule holders and the results, or a reason market research was not conducted, is included in Section V, above.

VIII. ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS:

For the reasons set forth in Part III, the activity has no plans at this time to take action to eliminate the barriers that led to restricted consideration for the types of supplies/services covered by this justification; however, this will be reassessed during follow-on acquisition planning.

VIII. CERTIFICATIONS, REVIEWS, AND APPROVALS:

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the supporting data under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

CONTRACTING OFFICER CERTIFICATION AND APPROVAL