NETAPP Brand Name JA REDACTED.pdf

BNJPTXXXX

Justification for Exception to Fair Opportunity

Brand Name FAR 16.505(a)(4)(i)

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), the United States Coast Guard (USCG), Command, Control, Communications, Computers, Cyber and Intelligence Service Center (C5ISC), C5I

Contracting and Procurement, Alexandria (CG-9141) located at 7323 Telegraph Road, Alexandria, VA 20598-7320, prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved.

The USCG intends to award a delivery order under the brand name exception to fair opportunity for brand name NetApp hardware pursuant to FAR 16.505(a)(4)(i), restricting competition to items peculiar to one manufacturer. This will be a Firm-Fixed-Price (FFP) Delivery order amongst authorized NetApp resellers via the Department of Homeland Security (DHS) First Source II

Indefinite Delivery/Indefinite Quantity Department Wide Acquisition Contract (DWAC).

3. Description of Supplies/Services.

The USCG requires commercial brand name NetApp hardware and 5 year warranty to add disk resources to an existing NetApp Storage Area Network (SAN) array. The additional NetApp shelves will ensure that the USCG workforce will increase capacity to support its growing storage needs and reliability of the information technology applications that service the USCG. This hardware is necessary to increase the capacity needed to support the existing virtualization infrastructure to meet server Virtual Machine (VM) growth demands. This will allow continual support of the expansion of the systems currently owned by the USCG at HQ. The additional

NetApp shelves are necessary to ensure that the USCG C5ISC can deliver high availability load balancing services for USCG information technology enterprise applications. The NetApp SAN provides data storage for the USCG’s existing virtualization infrastructure.

The period of performance for this requirement is 08/01/2021 - 07/31/2026. The estimated amount to procure the necessary NetApp Hardware and 5 year warranty is $XXXXXXXXXX using Fiscal Year (FY) 2021 funds. The table below identifies the hardware:

DESCRIPTION QTY

TOTAL

ESTIMATED

PRICE

NetApp Disk Array Shelf – Part# DS224C Rail Kit, 4-Post, Rnd/Sq-Hole, Adj, 24-32- Part# X-02659 - Qty SSD Shelf, 12G, 24X7.6TB, -QS - Part# DS224C-S-7.6-24S-QS - Qty ONTAP,Per-0.1TB,Add-On,BNDL,Ultra-Pef,QS - Part# OS-ONTAP1-CAP3-ADDON-QS - Qty Power Cable,In-Cabinet,C13-C14 - Part# X800-42U-R6 - Qty Cable,12Gb,Mini SAS HD,0.5m - Part# X66030A - Qty Cable,12Gb,Mini SAS HD,1m - Part# X66031A - Qty x $XXXXXXXX

Cable,12Gb,Mini SAS HD,2m - Part# X66032A - Qty Cable,12Gb,Mini SAS HD,3m - Part# X66033A - Qty Cable,12Gb,Mini SAS HD,5m - Part# X66034A - Qty Non Returnable Disk Plus,e - Part# CS-NRD2-E - Qty SE Secure for Gvt,7x24,4hr Onsite - Part# CS-SEC-4HR - Qty PS Deployment,Basic,Shelf - Part# PS-DEPLOY-BASIC-SHELF - Qty HBA,4-Port HD-miniSAS,12Gb,PCIe - Part# X2071A - Qty NetApp Disk Array Shelf – Part# DS224C Rail Kit, 4-Post, Rnd/Sq-Hole, Adj, 24-32- Part# X-02659 - Qty SSD SHLF,12G,24x3.8TB,-QS - Part# - Part# DS224C-SL-3.8-24S-QS - Qty ONTAP,Per-0.1TB,Add-On,BNDL,Ultra-Pef,QS - Part# OS-ONTAP1-CAP3-ADDON-QS - Power Cable,In-Cabinet,C13-C14 - Part# X800-42U-R6 - Qty Cable,12Gb,Mini SAS HD,2m - Part# X66032A - Qty Non Returnable Disk Plus,e - Part# CS-NRD2-E - Qty SE Secure for Gvt,7x24,4hr Onsite - Part# CS-SEC-4HR - Qty PS Deployment,Basic,Shelf - Part# PS-DEPLOY-BASIC-SHELF - Qty HBA,4-Port HD-miniSAS,12Gb,PCIe - Part# X2071A - Qty x $XXXXXXXX

TOTAL $XXXXXXXX

4. Identify the exception to fair opportunity and supporting rationale.

The statutory authority permitting exception to fair opportunity is FAR 16.505(b)(2)(i)(B). “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.” This requirement will be procuring items peculiar to one manufacturer on a brand name basis in accordance with

16.505(a)(4)(i).

NetApp hardware is proprietary 00000000000000000000000000000000000000. The USCG

C5ISC will use the NetApp hardware to increase capacity and reliability of the information technology enterprise virtualization infrastructure that supports the server virtual machines workload. Switching to a brand other than NetApp is unacceptable because that brand’s hardware would not be compatible with the NetApp devices currently utilized at HQ. An alternative brand’s disk drive shelves would void current manufacturer warranties and maintenance plans that are in place. This type of hardware and hardware maintenance is vendor specific. Purchasing new equipment other than NetApp to replace existing equipment is cost-prohibitive and would require a re-engineering of the currently architecture.

Due to the USCG’s need for proprietary NetApp requirements, the contracting strategy, which will provide the Government best value, is competing the brand-name NetApp requirement using the

DHS First Source II contracting vehicle.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated cost will be fair and reasonable based on adequate price competition, as there are multiple authorized NetApp resellers on the DHS First

Source II DWAC. The Contracting Officer will also perform a price analysis to determine that the price at the time of award represents the overall best value for the Government and is consistent with the DHS First Source II contract vehicle terms.

6. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

Currently, NetApp hardware is proprietary 0000000000000000000000. The availability of multiple vendors that can provide NetApp brand name server hardware ensures competition. The USCG will continue to ensure competition through certified and authorized resellers and service providers for the NetApp products.

7. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer

08. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

Contracting Officer’s Representative

APPROVAL:

Contracting Officer