Redacted_Brand Name Determination.pdf

Federal Acquisition Regulation (FAR) PART 8

LIMITED SOURCE JUSTIFICATION/BRAND NAME

Enterprise Software Initiative (ESI) Veritas Maintenance FY20

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REFERENCES:

In accordance with FAR 8.405-6(b)(1), Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

DFAR 208.7402 – Departments and agencies shall fulfill requirements for commercial software and related services, such as software maintenance, in accordance with the DoD

Enterprise Software Initiative (ESI) (see website at http://www.esi.mil/). ESI promotes the use of enterprise software agreements (ESAs) with contractors that allow DoD to obtain favorable terms and pricing for commercial software and related services. ESI does not dictate the products or services to be acquired.

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

a. Requesting Activity:

DFAS-

Attn:

DFAS-I&T Infrastructure and Production Support

8899 East 56th Street

Indianapolis IN 46249

DoDAAC: HQ0358

b. Contracting Activity

DFAS Columbus

Contract Services Directorate

Building 21, Room 2B218

3990 E. Broad St.

Columbus, Oh 43213-1152

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

The purpose of this document is to obtain the necessary approvals for a limited source acquisition in accordance with FAR Part 8.405-6. “Limited source” in this case pertains to the restriction of competition to the Brand Name: Veritas.

The procurement strategy is to issue a Request for Quote (RFQ) through Department of Defense

(DoD) Enterprise Software Initiative (ESI) in accordance with DFARS 208.7402.

http://www.esi.mil/

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3. A description of the supplies or services required to meet the agency’s needs (including the estimated value):

DFAS I&T Infrastructure & Production Support require the maintenance renewal for Veritas

Appliances and software utilized on the DFAS ELAN for enterprise backup, disaster recovery, and archiving process .

Awardee must be an OEM authorized reseller.

The estimated cost of this acquisition is: (No Option)

4. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

This procurement includes maintenance support. For the purposes of this requirement, the brand name is limited to Veritas which will support the currently installed Veritas appliances and software. The maintenance must be provided by the original equipment manufacturer or an authorized reseller. The total cost of recent Veritas solution upgrade in FY17 was

, FY18 Maintenance and FY19 Maintenance . As such, DFAS has invested a considerable amount of time, effort, and money into the design and purchase of the Veritas equipment in order to meet the data backup requirements necessary to stay in compliance with DoD directives. The renewal of the maintenance for the existing solution will ensure continuity of operations without interruption.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

Based on the RFQ that will be issued against DoD ESI Blanket Purchase Agreement (BPA), it is anticipated the pricing will be fair and reasonable, as determined under the terms and conditions of the RFQ to be submitted to all DoD ESI vendors. The expectation is to directly solicit to two authorized resellers, and and obtain additional discounts from the DoD ESI price lists, where pricing has already been determined to be fair and reasonable.

FAR 8.404(d) states that “By placing an order against a schedule contract using procedures at

FAR 8.405, the ordering activity has concluded that the order represents the best value and results in the lowest cost alternative to meet the Government’s needs.” Based on the justification to continue with its current maintenance support, market research conducted via

NASA SEWP, DoD ESI, and by utilizing the streamlined procedures under FAR Part 8, DFAS has determined that the RFQ will result in an order that represents the best value to the

Government at the lowest potential cost.

The maintenance support is available from one or multiple authorized resellers. Based on market research, it is anticipated that DoD ESI pricing will be lower than open market pricing.

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Leveraging DFAS’ current use of the Vendor/Manufacturers product and services with the competitive pricing under DoD ESI and NASA SEWP price comparison, the contracting officer is confident in obtaining the best value for DFAS.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research was conducted for the purpose of seeking as many potential sources as possible. Although Veritas is the sole manufacturer and provider of the product, there are multiple distributors through NASA SEWP and DoD ESI

NASA SEWP

RFI 137856 was posted on NASA SEWP utilizing the RFI tool seeking quotes for one year.

Competition was sought among all OEM authorized resellers for the best possible pricing.

Through coordination with CSD and the program manager, option years are not needed for this requirement. Based upon RFI 137856, the following Market Research was obtained:

Vendor Cost

Average Cost:

Based on the average of the quotes received for the base year, the estimated cost of this requirement is

DoD ESI

There are two vendors under the Information Technology Asset Management (ITAM) BPA program via DoD ESI that are authorized re-sellers of Veritas. These two vendors are and . A quote was received by from

DoD ESI for the total quoted price of .

A RFQ will be provided via email to both and for a quote in accordance with DFARS 208.7402. Though competition is limited on DoD ESI, market research has shown the pricing provided by is reasonable and comparable to the Veritas Maintenance available in a competitive environment via NASA

SEWP.

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7. Any other facts supporting the justification.

In determining a fair and reasonable price, the Contracting Officer (CO) will review and compare the current pricing to the previous contract that was awarded to

, via NASA SEWP (prior to Veritas being on DoD

ESI) for a total amount of along with revieiwng the quotes obtained the market research phase.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

Nothing to add to this section that has not already been articulated within this justification document.

9. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Requiring Activity/Program Management Office Certification

Printed Name:

Title Organization Code

Signature Phone Date_

Contracting Officer Certification

I hereby determine that the anticipated cost for this contract action will be fair and reasonable. I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Printed Name:

Signature_ _ Phone Date_

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REVIEW FOR LEGAL SUFFICIENCY

Printed Name

Signature_ _Phone Date_