Source Selection Information � See FAR 2.101 and 3.104

Document # 26-260

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY - BRAND NAME (ABOVE SAT)

1. Identification of Requiring Activity and Contracting Activity.

The requiring activity is the Commander Naval Meteorology and Oceanography Command (CNMOC); the contracting activity is the Naval Supply Systems Command (NAVSUP) Fleet Logistics Center (FLC) Norfolk Contracting Department, Fleet Directorate.

2. Nature and description of contract action.

This acquisition is conducted under the authority of 10 U.S.C. § 3406(c)(5). The instant requirement of the supplies described below is an exception to fair opportunity process and is to be awarded as a new contract action for authorized resellers of Cross Domain Solutions (CDS) Hardware and Software. The required items are manufactured by and proprietary to Everfox LLC (CAGE: 029J2). The required items are available through various authorized resellers under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise � Wide Procurement (SEWP), which is a multiple award, Government-Wide Acquisition Contract (GWAC) vehicle focused on Information Technology (IT) products and product-based services. The placement of a firm-fixed-price (FFP) delivery order is anticipated.

NOTE: The items outlined in the instant requirement are currently being provided by CMA Technology Inc.

(CAGE: 3HHD4 � Small Business) under delivery order # N0018925F0724 (NASA SEWP GWAC # NNG15SD71B). This delivery order is for CDS Hardware and Software Maintenance and provides coverage through 28 September 2026. The delivery order was issued by NAVSUP FLC Norfolk Contracting Department, Fleet Directorate on 24 September 2025 and resulted from a total small business set aside (SBSA) � in accordance with FAR Subpart 19.5 � amongst authorized resellers of Everfox LLC through the NASA SEWP GWAC in accordance with FAR Subpart 16.5.

3. Description of Required Supplies/Services to meet the agency�s needs.

The purpose of the instant requirement is to acquire Cross Domain Solutions (CDS) Hardware and Software Maintenance in support of CNMOC. The product breakdown is as follows:

Part Number: Description: Quantity:

Hardware Maintenance

1079HM G2CI Custom Hardware Maintenance 4 High Speed Guard (HSG) Software Maintenance

2070VM

Annual Subscription for Virus Scanning Plug In - High Speed Guard McAfee

2070A High Speed Guard 5.x (2 Networks) Perpetual Yearly Maintenance 5

2070DM

High Speed Guard 5.x (2 Networks) - Development License Perpetual Yearly Maintenance

2070VMDEV

Annual Subscription for Virus Scanning Plug In - High Speed Guard McAfee - Dev

2070CA1

High Speed Guard 5.x- Additional Networks Tier 1 (3-7 Networks) � Perpetual � Yearly Maintenance Forcepoint Federal LLC - 2070CA1

2070CA1DEV

High Speed Guard 5.x - Additional Networks Tier 1 (3-7 Networks) Development License Perpetual � Yearly Maintenance

HSGRHELELS HSG Red Hat Enterprise Linux ELS Node 7 Trusted Gateway System (TGS) Software Maintenance

6055HL3 Trusted Gateway Filter Bundle 3 - High to Low (Yearly Maintenance) 5

6055HL3DEV

Trusted Gateway Development Filter Bundle 3 - High to Low (Yearly Maintenance) 1

6068A Trusted Gateway System 6.x (2 Networks) Perpetual Yearly Maintenance 5

6068CDEV

Trusted Gateway System 6.x - Development License Perpetual Yearly Maintenance 1

6068CP1

Trusted Gateway System 6.x - Additional Networks Tier 1 (3-7 Networks) (perpetual license) 1

6068CA1

Trusted Gateway System 6.x- Additional Networks Tier 1 (3-7 Networks) � Perpetual � Yearly Maintenance 5

6068CA1DEV

Trusted Gateway System 6.x - Additional Networks Tier 1 (3-7 Networks) � Development License � Perpetual � Yearly Maintenance 1

TGSRHELELS TGS Red Hat Enterprise Linux ELS Node 6 Everfox Control Center (EC2)

CCSVS Everfox Control Center - Server (Subscription) 2 CCMDS Everfox Control Center - Managed Device (Subscription) 10 CCDSVS Everfox Control Center - Development - Server (Subscription) 1 CCDMDS Everfox Control Center - Development - Managed Device (Subscription) 3

Delivery Date and Coverage Period: The resultant delivery order will have the following delivery date and coverage period:

o Delivery Date: On or before 28 September 2026 o Coverage Period: 28 September 2026 through 27 September 2027

Independent Government Estimate (IGE):

Funding Type: The resultant delivery order will be funded with fiscal year (FY) 2026 annual Operation and Maintenance, Navy (O&MN) appropriations

4. Identification of the Exception to Fair Opportunity and Supporting Rationale - Including 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 the micro-purchase threshold issued under a multiple award contract is 10 U.S.C.§ 3406(c)(5), as implemented by FAR 16.507-6(b). The applicable exception to the fair opportunity process for this justification for the award of an order exceeding the simplified acquisition threshold is:

This is a justification for the use of services particular to one manufacturer, under the authority of 10 U.S.C. § 3406(c)(5), as implemented by FAR 16.507-7, and the exception to the fair opportunity process is FAR 16.507- 6(b)(6) that allows for DoW, NASA, and Coast Guard to utilize an exception permitting the use of other than competitive procedures at 10 U.S.C.§ 3204(a). In this case, 10 U.S.C. § 3204(a)(1) applies as the services required are proprietary and only available from one or a limited number of responsible sources and no other type of services will satisfy agency requirements.

The purpose of the instant requirement is to acquire annual software maintenance licenses for Trusted Gateway System (TGS) version 6, High Speed Guard (HSG) version 5, and Everfox Control Center (EC2) licenses. The annual software maintenance licenses are required to maintain the Raise the Bar (RTB)-compliant CDS architecture operated by CNMOC.

Everfox is the original equipment manufacturer (OEM) of the Trusted Gateway System (TGS) and High-Speed Guard (HSG) software and is the sole proprietary owner of this software. The required licenses are brand-specific to Everfox and are only available through its authorized resellers. No other product on the market can meet the requirement to provide continued, mission-critical functionality while integrating into the existing CNMOC system infrastructure and ensuring the proper operation of the CDS systems.

The Everfox LLC products are essential to the Government�s requirements. Only Everfox LLC and its authorized resellers have sufficient expertise, understanding, and knowledge of the TGS and HSG software necessary to ensure all patches, code fixes, and documentation meet standards acceptable to the RTB directives. Attempting to incorporate software other than the TGS and HSG Software from Everfox LLC to perform the same functions represents a significant cost and time expenditure to the Government and would necessitate the complete restructuring and replacement of current CDS systems. These costs are not expected to be recovered through competition.

Failure to procure this product will result in denial to operate the CDS system, which will result in the failure to support CNMOC mission operations with the required delivery of CNMOC data and products or reverting to manual transfer. Reverting to manual transfer methods introduces security risks and would not support timeline requirements for the delivery of CNMOC products, which are extremely time sensitive. Loss of this CDS capability would result in the loss of the capability to provide CNMOC data and products critical to the warfighters awareness of the environment in order to exploit and gain advantage during military operations.

Therefore, it has been determined that no other manufacturer is capable of meeting the Government's requirement.

5. Determination of Fair and Reasonable Cost.

In accordance with FAR 16.507-6(d)(2)(v), the Contracting Officer has made the determination that the anticipated cost to the Government will be fair and reasonable.

6. Any other facts supporting the justification.

This procurement uses a MAC and will be solicited and awarded in accordance with FAR Subpart 16.507.

The requiring activity, through their in-depth knowledge of the market, has determined that the only items that meet the Government�s minimum requirement are manufactured by and proprietary to Everfox LLC as previously identified. The requiring activity�s knowledge stems from first-hand knowledge of similar products available in the commercial marketplace, a thorough examination and testing of products currently being used throughout CNMOC online research, and attendance at various trade conferences. The contracting office�s market research resulted in the same conclusion that the only items that meet the Government�s minimum requirement are manufactured by and proprietary to Everfox LLC.

The requiring activity and contracting office analyzed various strategic sourcing vehicles � and the multiple contract holders for each to determine if any would be appropriate for the instant requirement. After a thorough evaluation, it was determined that the items previously identified are available through the NASA SEWP GWAC. As part of their market research, the contracting office determined that there are multiple authorized resellers associated with each of the Groups (A, B, C, and D) of the NASA SEWP GWAC. As such, based on the current market research and given the contracting office has identified the various authorized resellers � multiple of which are small businesses, there is a reasonable expectation of receiving a response (submission) from two (2) or more small businesses. As such, the contracting office intends to solicit the instant requirement as a total small business set-aside (SBSA) � in accordance with FAR 19.104 � through Groups B, C, and D of the NASA SEWP GWAC website (www.sewp.nasa.gov) in accordance with FAR Subpart 16.5.

NOTE: Aside from fulfilling this acquisition, an award to any of the authorized small business resellers will help the contracting office meet their socioeconomic goals (since the resultant delivery order will be issued to a small business).

7. Actions Taken to Remove Barriers to Competition.

The potential likelihood for future competition for this procurement is based on the availability of authorized resellers and continued market research. Prior to the award of future contract action(s), efforts to identify potential sources will be made to ensure competition could be pursued. As outlined in Section 2, the required items are manufactured by and proprietary to Everfox LLC. In turn, the required items can only be obtained by an authorized resellers of Everfox LLC.