N0018918QZ256_N0018918QZ256_SEWP_83200_Justification_for_an_Exception_to_Fair_Opportunity--Brand_Name_Justification.doc

LSJ #18-013

Justification for an Exception to Fair Opportunity – Brand Name Justification

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

This is a Justification for an Exception to Fair Opportunity. The requiring activity is the Joint Staff (JS) J7 Directorate, Joint Force Development, Suffolk, VA; the contracting activity is the Fleet Logistics Center Norfolk, Philadelphia Office.

2. NATURE/DESCRIPTION OF CONTRACT ACTION:

This acquisition is conducted under the authority of 10 U.S.C. 2304a through 2304d. This is a limited source action to be awarded as a new firm-fixed-price delivery order to Juniper Networks, Inc. (Juniper), a large business manufacturer, or a Juniper authorized reseller under the National Aeronautics and Space Administration’s Solutions for Enterprise Wide Procurement (NASA SEWP). The NASA SEWP is a multi-award Government-Wide Acquisition Contract (GWAC) vehicle focused on Information Technology products and product-based services. The placement of a firm-fixed-price delivery order is anticipated.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES:

The proposed action is to purchase high speed data communication components, supplies and support to operate and upgrade an existing infrastructure supporting the Joint Training Enterprise Network (JTEN). The JTEN provides critical support to the JS J7 joint force development mission, joint/coalition interoperability and cyber security. The J7 uses the JTEN to facilitate global joint and coalition partner training, exercising, education, and doctrine development. The current network infrastructure consists of Juniper components, supplies and software. This requirement is only for a portion of the overall larger network architecture, and therefore, Juniper components, supplies and support are needed to replace the items no longer cyber security compliant. The items required are fully compatible with the existing infrastructure. This acquisition will use Fiscal Year 2018 Department of Defense Operations and Maintenance appropriations. This type of funding is appropriate where technology refreshment is the intentional, incremental insertion of newer technology to improve reliability and maintainability, reduce cost, and/or minor performance enhancement.

The items required are as follows:

None of the items above have a unit price greater than $250,000. The MX40s replace the MX240s. The MX240 devices have modules that are end-of-life and no longer Juniper supported.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY RATIONALE AND/OR DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

The statutory authority that permits not providing each awardee a fair opportunity to be considered for each order exceeding $3,000 issued under a multiple award contract is 10 U.S.C. 2304c, as implemented by FAR 16.505(b)(2)(i)(B).

J7 requires the above listed Juniper items to support ongoing projects and future mission events. J7’s JTEN infrastructure is Juniper-based and other manufacturers’ products would not be fully compatible with the existing Juniper framework. J7 has invested over $2,100,000 in Juniper equipment. The use of another manufacturer’s products such as Cisco components on the Juniper infrastructure will cause functional and interoperability issues. The Juniper products are critical for J7’s mission and project support. Without the Juniper components, supplies and support, J7 will be unable to meet mission goals. Thus, only Juniper is capable of providing the components, supplies and support at the level of quality required because the items are unique or highly specialized.

5. DETERMINATION OF FAIR AND REASONABLE COST:

NASA SEWP contract holders offer discounts from the manufacturer’s commercial list price. The Fleet Logistics Center Norfolk, Philadelphia Office Contracting Officer will determine using the procedures in FAR 15.4 that prices are fair and reasonable.

6. DESCRIPTION OF MARKET RESEARCH:

The requiring activity conducted market research based on the requirement for components, supplies and support fully compatible with the existing JTEN infrastructure. The market research identified Juniper and Cisco as two manufacturers of commercial network components and supplies. However, due to the proprietary nature of the products of the two manufacturers, Cisco components and supplies are not compatible with Juniper components and supplies and cannot be integrated with Juniper equipment without degrading the existing JTEN infrastructure. Converting to all Cisco components would be cost prohibitive.

7. ANY OTHER SUPPORTING FACTS:

This procurement uses a GWAC and will be solicited and awarded in accordance with FAR Subpart 16.5.

8. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION:

All future requirements will be handled on a case-by-case basis until the Joint Staff determines it is necessary to replace the current Juniper system.

9. CONTRACTING POINT OF CONTACT:

The point of contact at the Fleet Logistics Center Norfolk, Philadelphia Office is Anita Spriggs, Code 290.2J, at DSN 442-9641, commercial (215) 697-9641 or by e-mail at anita.spriggs@navy.mil.

DEPARTMENT OF THE NAVY

FLEET AND INDUSTRIAL SUPPLY CENTER, NORFOLK

CONTRACTING DEPARTMENT, PHILADELPHIA DIVISION

700 ROBBINS AVENUE, BLDG 2B

PHILADELPHIA, PA 19111-5083

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