Name Brand Justification fedbizopps.pdf

U.S. General Services Administration

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION,

Application for Brand Name Descriptions

The Public Buildings Service, Rocky Mountain Region, proposes to contract the requirements described herein by means of other than full and open competition. Contracting by such means is authorized by FAR Subpart 6.3 and is supported by this justification prepared in accordance with FAR 6.303-2.

1. Identification of the agency and the Contracting Activity: General Services Administration, Public Buildings Service, Rocky Mountain Region, Denver Federal Center Service Center. The Requiring Agency is the Department of State (DOS).

2. Nature and/or Description of Required Supplies or Services: This justification authorizes and approves the inclusion of Brand Name security, access control, Electronic Performance Management System and fire alarm equipment in the Construction Scope of Work for the Tier III Data Center New Construction Design/Build project, Solicitation Number GS-08P-09-JA-C-0089.

3. Description of the supplies or services required to meet the agency’s needs, including the estimated value: The DOS identified the specific equipment listed in the table below as required equipment and sources. The construction project which requires this equipment is covered under the Acquisition Plan 13573, approved on October 27, 2009. The total estimated dollar value of this sole source requirement is $1,200,000.00, which is approximately 1.7% of the total estimated value of the Design/Build Construction project.

Tier III Data Center Design/Build New Construction: Required Name Brand Equipment Item Manufacturer Make/Model Access Control & IDS Software Software House CCURE Access Control Panels Software House iStar Pro Badging Station Xtec Card Readers Xtec 9900, 9907, 10000 Door Contacts GE Setrol 2707AD Motion Detectors Bosch 161, 938Z CCTV Matrix Panasonic 650 CCTV Digital Video Recorders American Dynamics Intellex Fixed Camera (interior) Panasonic WV CF 212 PTZ Camera (exterior) Panasonic WV CS854B PTZ Camera (interior) Panasonic WV CS854B Fiber Optic Transceivers Optelecom 9482DT,9482DR, 9225DT, 9225DR Video Intercom Substation Aiphone KC DAR Video Intercom Master Aiphone KC 1GRD KC 1HRD Consoles Knurr USA Power Supplies Altronix X-Ray Scanner Smith Detection 6040i Magnetometer CEIA PMD2/PTZ-0051 VESDA aspirating detectors Xtralis Proactiv Fire Alarm Panel Xtralis SM System Manager Xtralis UPS Active Power or Caterpillar DCM2 Reader Interface Panel Software House Input Board I-8 Software House RM4e Reader Interface Software House Forseer Electronic Performance Management System

Eaton Foseer

Revised 8/17/2009

4. Statutory Authority Permitting Other than Full and Open Competition: The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(1)(c) as cited in FAR 6.302-1(c), "Only one responsible source and no other supplies or services will satisfy agency requirements, Application for brand name descriptions."

5. Demonstration that the Nature of the Acquisition Requires Use of the Cited Authority: The Department of State’s (DOS) primary mission is to advance freedom for the benefit of the American people and the international community by helping to build and sustain a more democratic, secure, and prosperous world composed of well-governed states that respond to the needs of their people, reduce widespread poverty, and act responsibly within the international system. The Tier III Data Center (Data Center) will support the DOS in achieving its mission by providing the necessary basic information technology and services DOS needs to access, use, analyze, and catalog sensitive information with regard to the protection of National Security, including the protection of sensitive private information. Specifically, the Data Center will provide secure storage of that data and information which is vital to the DOS’s ability to assess threats and recommend actions, and will protect that data from compromise or corruption.

To effectively and efficiently execute its mission, the DOS has implemented the Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH), a Policy Manual and Handbook, authorized under 22 U.S.C. 2651a, 3921, and 3926 and E.O 10973 and E.O. 12137. Included in the FAH is the listing of security, access control, Electronic Performance Management System and fire alarm equipment, to be implemented for use as a grouping of equipment in all buildings after 2005. Using the same equipment in all buildings assists the Requiring Agency in maintaining the security of its facilities by eliminating the requirement to conduct repeated tests for similar security requirements.

Within DOS, its Bureau of Diplomatic Security (DS) is charged to “provide a safe and secure environment for the conduct of U.S. foreign policy. In support of this, 12 FAH-5 H-015 Equipment Manufacturers, states:

The inclusion or exclusion of specific equipment in DS-approved equipment lists, either by generic or brand-name description, remains the sole prerogative of DS, and is not open to negotiation or appeal by any other party, whether private, commercial, or governmental. DS-approved hardware is judged, among those known to the Department, to meet most closely the Department’s requirements.

There is no intent herein to imply that hardware produced by other manufacturers, which can meet these requirements, does not exist.

The objective of DS requiring the use of only approved equipment/material is to ensure a standardization of construction and security equipment used for the protection of personnel, national security information, and property world wide (emphasis added).

DOS has identified the manufacturers and equipment listed above as the only equipment which most closely meets and is essential to addressing the DOS’s requirements. Furthermore, in working to meet the objective of ensuring a standardization of construction and security equipment used for the protection of personnel, national security information and property world wide, the required equipment for the Data Center is compatible with the existing equipment in other facilities. The success of the Requiring Agency’s mission depends upon the sharing and transference of sensitive information among data centers and field offices within the United States and Internationally. To this end, all new equipment must be compatible with the existing proprietary equipment currently approved by DS, installed and in use at other facilities.

The Requiring Activity has identified the above-listed equipment as the only items and makers that are suitable to interface with the existing, proprietary equipment. The proprietary product which is already in use precludes the use of other, more generic systems. Modifications to make other systems compatible with the required equipment and systems are cost prohibitive and ineffective. Moreover, using equipment incompatible with that already in use adds a high risk of data compromise, corruption and/or loss of highly sensitive information The specific nature of the existing, proprietary security and access control equipment justifies the use of 41 U.S.C 2304(c)(1), cited in FAR 6.302-1 to permit other than full and open competition for this effort.

6. Actions Taken to Remove Competition Barriers and Solicit Offers from Other Sources.

All equipment used by DOS must be reviewed, evaluated, and accepted by Diplomatic Security, Facility Security and Engineering, Technical Development Branch, in accordance with the Department of State Foreign Affairs Handbook (FAH). DOS spent approximately 6 years and $20,000,000 to evaluate and compare the existing equipment with other similar products using competitive procedures at the time that it was selected to find equipment the would meet DOS’s technical requirements.

The FAH requires that the equipment be continually evaluated, approved for use and supported by training and technical assistance. The most recent evaluations found that the products listed as defined by their respective manufacturers, are the only products available which meet the high assurance requirements of the Department of State as specified in FAH and because they meet HSPD-12 requirements.

7. Determination that the Anticipated Cost/Price will be Fair and Reasonable.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services ordered under the proposed contract are procured at a fair and reasonable price. The Offerors will submit a formal price proposal with cost or pricing data or sufficient information to support the accuracy and reliability of the estimate. The offerors’ proposed costs will be reviewed by the program manager, contract specialist and others as warranted with unique pricing or technical expertise related to the requirement. The Contracting Officer will utilize an appropriate variety of price or cost analysis techniques and technical analysis to ensure negotiations of a fair and reasonable price.

8. Market Research, FedBizOpps Announcement, and Listing of Interested Sources.

The DOS conducted market research and analysis resulting in the conclusion that the above-listed equipment is the only equipment which satisfies the DOS’s strict high assurance requirements. The DOS continually evaluates its equipment and the equipment’s availability, and updates it findings in accordance with the FAH. To date, DOS has found that the equipment by the respective manufacturers as listed, remains the only equipment meeting the technical requirements of the DOS.

9. Other Facts Supporting the Use of Other than Full and Open Competition

None