Req 1019530513 CyberArk Brand Name - JA R.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

☒ Acquisitions Management Directorate

Requiring Activity Bureau of Diplomatic Technology (DT/ES/IS/SE-ICAM)

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The Justification and Approval (J&A) on a brand name only basis is for the renewal of CyberArk support. The estimated value is .

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

CyberArk software offers identity platform solutions, privilege access management, multi factor authentication, single sign on, secure browsing all which assist with the program with identity management. This purchase supports the Departments transformation to a Zero-Trust Architecture (ZTA) model where users’ identities and access are managed at an individual level rather than trusting users and assets on the network.

This software maintenance support can only be acquired through CyberArk or its authorized certified reseller/servicer. This request is to renew software support services and must match the current CyberArk solution. Components for this platform are the intellectual property of CyberArk and are therefore not available from another commercial vendor.

This is anticipated to be a firm fixed price, one-year renewal of CyberArk-brand services to include the following.

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This acquisition is conducted under the authority of 41 USC 3304, as implemented by FAR 6.3 and substantiated by the following:

☒ FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

As this is a brand name only justification, no one contractor’s unique qualifications are cited as the basis for this justification. CyberArk is the copyright protected intellectual property of CyberArk. As owners of the source code, CyberArk and CyberArk alone can provide the required licenses and support required by the government.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY

CITED

CyberArk is the copyright protected intellectual property of CyberArk. As owners of the source code, CyberArk licenses and support required by the government can only be provided by CyberArk or its authorized/approved resellers.

Migrating to an alternative solution would necessitate significant adjustments to DT/ES/IS/SE-ICAM business processes, entail retraining staff, purchase of new equipment, software licenses, and maintenance support, and may have cascading impact across the DOS network infrastructure.

As cited in Section 3, without this current renewal, these platforms will be unable to function as currently designed due to being created with CyberArk-specific proprietary software.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER FAR 5.202 APPLIES

The NASA SEWP Market Research Tool (MRT) was used to perform preliminary market research. The MRT can search using the OEM/Provider and then drill-down part number(s) to identified availability of SEWP Contract Holders and their socio-economic type.

For this market research, a query was initiated based on the criteria of: 1) Provider = CyberArk. The results show 59 SEWP small business contractors carry CyberArk products. A drill-down of CyberArk identifies between 18-25 small businesses that have the exact CyberArk part number on their SEWP Contract. A graphic of the results is shown below. Based on these findings, there is evidence this requirement can be setaside for small business.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT IS FAIR AND REASONABLE

Vendors must quote prices at or below their NASA SEWP V established contract unit ceiling prices for each item. The SEWP contracts are FAR Part 12 Commercial Contracts, and additional price analysis was done in accordance with the following: The price design for SEWP is a proposed discount off the offeror’s commercial list price. Price analysis was conducted in accordance with FAR 15.305(a)(1), to ensure that a "fair and reasonable" price is paid by the Government.

Reasonableness of proposed prices was established in accordance with 15.403-1(c)(1)(i)(B) which provides that a price is based on adequate price competition if two or more responsible offerors, competing independently submit priced offers that satisfy the Government's expressed requirement and there is not any finding that the price of an otherwise successful offer is unreasonable. To verify price reasonableness, offerors were instructed to submit their published price catalog or published schedule of list prices in a form regularly maintained by the manufacturer or offerors, such as a catalog, price list, schedule, or other verifiable and established record.

Additionally, each contractor proposed a discount off of product categories (such as input-output device) of IT equipment.

These discounts remain for the life of the contract. Therefore, when new technology is added or list prices change due to market fluctuations, the SEWP price remains fair and reasonable. There are several other price reasonability checkpoints in SEWP:

When items are added or prices updated on a SEWP contract, prices are automatically compared to other SEWP contracts and must be within a reasonable price of all other contracts

All SEWP Delivery Orders are subject to brand name through competitive procedures through the SEWP RFQ Tool. This internal competition provides an incentive for Contract Holders to provide the best possible price in order to be selected for award.

Pursuant to FAR 16.202-2(a) the Contracting officer can establish fair and reasonable prices at the outset when there is adequate price competition.

By signing the justification, the Contracting Officer makes a determination that the price paid under this delivery order are fair and reasonable.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

The initial market research was conducted through NASA SEWP to give DT/ES/IS/SE-ICAM an estimate for the desired products/services. The use of CyberArk brand-name is essential to the Government’s requirements, thereby precluding consideration of the products of another company. It is anticipated that the final award will be to the entity providing the best competitive price among NASA SEWP V authorized resellers.

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

The CyberArk brand-name herein has been identified as the only products that meet DT/ES/IS/SE-ICAM requirements. It is anticipated that this request will be competed among CyberArk approved authorized resellers. An award will be made based on the limited NASA SEWP V GWAC competition.

DT/ES/IS/SE-ICAM shall continue to conduct market research prior to filling the requirements for IT software of this nature. In cases where the DT/ES/IS/SE-ICAM brand name is deemed the only responsible source (brand name only), the DoS shall continue to justify, with proper approvals and procedures as required by regulation and policy, all actions that limit competition. DT/ES/IS/SE-ICAM shall continue to publicize such justifications, to ensure public forum and to provide any unknown alternative source/alternative manufacturer with an opportunity to respond.

SECTION 10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

To date, no other sources have written to express an interest in this requirement.

SECTION 11. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SUPPLIES OR SERVICES REQUIRED

Due to the proprietary nature of this requirement, there are no known actions that the Department may take to overcome future barriers to competition for CyberArk. A patent, copyright, proprietary data, or licensing agreement limits competition. The proprietary data are described as follows: CyberArk is the copyright protected intellectual property of CyberArk. As owners of the source code, CyberArk software and support required by the government can only be provided by CyberArk or its authorized/approved resellers.