McAfee BNJ FY21 REDACTED_Redacted.pdf

BRAND NAME JUSTIFICATION

2021-0045

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

1. The Agency and Contracting Activity is:

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

2. Nature and Description of Action Being Approved.

This is a brand name requirement for McAfee ePolicy Orchestrator annual software maintenance and support. The McAfee software is part of a security suite that the agency uses to keep SEC systems secure. The suite includes malware protection (virus scanning and host intrusion protection), full disk encryption, as well as media encryption. The software provides continuing security, by protecting systems from malware as well as keeping data secure at rest. McAfee maintenance is required to support the software. Only McAfee maintenance can support the McAfee software. The McAfee maintenance must be used to maintain SEC infrastructure integrity. McAfee is a proprietary software. There are no other available vendors that can or currently provide patches and updates for the software. This is a renewal contract action following the current McAfee contract

3. Description of the supplies or services required to meet the needs of the SEC and the estimated value.

PRODUCT

McAfee ePolicy Orchestrator software maintenance and support

The above product will be procured for a Base performance period and two (2) 12-month Option Periods.

The estimated value of the resultant contract is .

4. The authority and supporting rationale and, if applicable, a demonstration of the proposed contractor's unique qualifications to provide the required supply or service.

The authority permitting use of a brand name restriction is 41 U.S. Code § 3304 - Use of noncompetitive procedures; FAR 16.505(a)(4)- An item peculiar to one manufacturer – brand name.

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

The SEC owns McAfee ePolicy Orchestrator perpetual licenses that require annual maintenance to ensure that necessary (1) Technical Support, (2) Product Upgrades, and (3) Software Updates are received and that the software is running optimally. Ongoing software maintenance is necessary to avoid potential security risks that come from using unsupported, out-of-date software. Furthermore, no other source can provide maintenance on the McAfee software.

McAfee offers the “Magic Quadrant” for Endpoint Protection Platforms. This infrastructure security assesses the innovations that allow organizations to protect their enterprise endpoints from attacks and breaches. Technologies and practices in this space are being shaped by two trends: the continued growth and stealth of endpoint attacks and the sudden surge in remote working. McAfee offers a single platform to manage multiple security products and provides contextual intelligence sharing between them. In addition, McAfee has the ability to shift protection left to be more predictive and proactive.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Market research indicates that resellers for this software and maintenance exist on GWACs and the SEC’s Basic Ordering Agreements. Therefore, this requirement will be competed amongst the resellers on the SEC’s Basic Ordering Agreement.

A synopsis is not required in accordance with 5.202(a)(11).

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

The Contracting Officer determines the anticipated cost to the Government will be fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

McAfee is providing the required functionality for the SEC. McAfee is the only vendor that provides maintenance and support for its software. It is crucial for the SEC to renew the maintenance in order to reduce security risks that come with using out of date software.

8. Other supporting facts

None.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

At such time as the requirement/award is posted, any sources that expressed an interest in this action will be maintained in the contract files.