N00178_DN-20-0195.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

N REPLY REFER TO

J&A DN-20-0195

EXCEPTION TO FAIR OPPORTUNITY

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command (NAVSEA), Naval Surface Warfare Center, Dahlgren Division (NSWCDD), Contracts Department, Code 02.

2. Description of the Action Being Approved

This is an exception to fair opportunity acquisition to procure an item particular to one manufacturer. This procurement is for various

Cisco switching hardware and associated licenses which make up the

CISCO ASA5555-DC-K8. These items are required to support the program.

This Brand Name procurement will be conducted using the National

Aeronautics and Space Administration (NASA) Solutions for Enterprise

Wide Procurement (SEWP) contract as a limited exception to the fair opportunity procedures contained in FAR 16.505.

3. Description of Supplies/Services

The proposed contract action is to procure the following Cisco items to meet current production needs for the system within the

Part Number Description Qty

ASA5555-DC-K8 ASA 5555-X with SW, 8GE Data, 1GE Mgmt, DC, DES 12

ASA-PWR-DC ASA 5545-X/5555-X DC Power Supply 12

ASA-IC-C-BLANK ASA 5545-X/5555-X Interface Card Blank Slot

Cover

ASA-HD-BLANK ASA 5512-X -- 5555-X Hard Drive Blank Slot Cover 24

SF-ASA-X-

9.8.2-K8

Cisco ASA 9.8.2 Software image for ASA

Spyker/Saleen

ASA-PWR-DC ASA 5545-X/5555-X DC Power Supply 12

ASA5555-MB ^ASA 5555 IPS Part Number with which PCB Serial is associated

ASA5500-ENCR-

K8

ASA 5500 Base Encryption Level (DES) 12

ASA5555-CTRL-

LIC=

Cisco ASA5555 Control License 12

ASA5500X-

SSD120=

ASA 5512-X through 5555-X 120 GB MLC SED SSD

(Spare)

Part Number Description Qty

L-ASA5555-

TAMC=

Cisco ASA5555 FirePOWER IPS, AMP and URL

Licenses

L-ASA5555-

TAMC-1Y

Cisco ASA5555 FirePOWER IPS, AMP and URL 1YR

Subs

The Government’s minimum needs have been verified by the certifying technical and requirements personnel. The estimated dollar value for this effort is $366,283.92. The following funding will be utilized for this procurement.

FY19 FY20 Totals

SCN

OPN

Total $366,283.92

4. Identification of the Exception to Fair Opportunity

In order to maximize fair opportunity, this limited sources justification has been prepared in accordance with FAR 16.505(a)(4) and 16.505(b)(2)(ii)(B), modified to reflect a brand name Cisco procurement justification. Although this is a brand name procurement, there are numerous Cisco authorized resellers available on the NASA

SEWP contract thereby providing sufficient competition.

These Cisco ASA5555-DC-K8 network switches are required to meet the requirement to furnish these items as Government Furnished Property under Contract No. . In order to maintain compatibility with the existing system, the requested parts must be compatible in all aspects (form, fit and function) with existing equipment currently installed. Utilizing another manufacturer’s products would result in the Lowest Replaceable Units (LRUs) being incompatible with each other.

5. Determination of Fair and Reasonable Price

The NASA SEWP Contracts are commercial contracts awarded on the basis of price competition. Price analysis was conducted in accordance with

FAR 15.305(a)(1), to ensure that a fair and reasonable price is paid by the Government. Reasonableness of proposed prices was established with FAR 15.403-1(c)(1)(i)(B), which provides that a price is based on adequate price competition if two or more responsible Offerors, competing independently submit priced offers that satisfy the

Government’s expressed requirement and there is not any finding that the price of an otherwise successful offer is unreasonable.

Additionally, this action will be competed among NASA SEWP contract holders, and source selection will be conducted using the Lowest

Price, Technically Acceptable criteria. The Government will ensure that quoted prices are consistent with, or lower than, prices already listed on existing SEWP contracts. Quoted prices provided by authorized resellers will be compared to other priced quotes received in response to the Request for Quote. Furthermore, the Contracting

Officer may seek additional discounts where possible.

Orders placed against NASA SEWP, using procedures under FAR Part 16, are considered to be issued using full and open competition because the listed prices have been competed. Pursuant to FAR 5.202 and

16.505, a synopsis is not required; however this justification will be posted in accordance with FAR 16.505(a)(4)(iii).

The Contracting Officer has determined that the anticipated cost to the Government of the services covered by this J&A is fair and reasonable.

6. Description of Market Research Conducted

NSWCDD Technical Representatives worked with the Original Equipment

Manufacturer (OEM) to get Government Service Administration (GSA) pricing and also received several quotes from vendors to gain an understanding of fair market pricing for the procurement. Therefore, this solicitation will be competed using LPTA procedures among Cisco resellers that are SEWP contract holders.

7. Other Facts Supporting the Justification

Failure to procure Cisco Systems equipment will result in the inability to meet its contractual obligation to furnish these items to

Lockheed Martin, the producer of the system. This failure will result in crews of and being inadequately protected as the will not be fully operational thus increasing the risk to both the warfighter and the fleet.

In addition, the Government will incur greater cost for developing a replacement unit, increased production costs, and increased life cycle operations and increased maintenance costs. Utilizing another manufacturer’s products would require a complete redesign of the existing system that would result in an unbudgeted and unanticipated substantial duplication of costs, estimated at $3,000,000.00, to the

Government in testing, qualifying, development, and production and cause unacceptable delays, estimated at months (12) months, to program schedules and fielding.

8. Actions to Remove Barriers to Future Competition

The Program Office will continue to conduct market research throughout the lifecycle of the program to examine the suitability of emerging hardware and associated technologies. The Cisco switching hardware will be reviewed when it is time for a technology refresh to determine if new options are available on the market that meet the

Government’s needs, allowing for additional future competition.