Req 519625S1016 NetApp Filers 3rd Support 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 IZI Acquisition Management Directorate (AMO)

Contracting Activity

Requiring Activity CGFS/CIO/T0/10/ID

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

The Justification and Approval (J&A) on a brand name only basis is requested for CGFS/CIO/T0/10/ID for the purchase of 3rd party extended maintenance and support from for Production Filers. The estimated value is

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

This requirement is for NetApp Filer storage maintenance and support to maintain CGFS Production Network Servers. Current storage requirements need to be always maintained in order to support the data held within these high-performance, mission critical products.

CGFS data storage infrastructure replies on a high availability storage environment to support financial applications, office productivity applications, electronic messaging services, and business application development. NetApp provides CGFS the necessary tools needed for data replication and mirroring services for the Continuity of Operations Plan (COOP) facility.

NetApp provides hardware and software for the Comptroller and Global Financial Services (CGFS) data storage infrastructure for high availability storage environment to support financial applications, office productivity applications, electronic messaging services, and business application development. NetApp also supports the CGFS and the data replication and mirroring services for the Continuity of Operations Plan (COOP) facility.

Global Acquisition U.S. DEPARTMENT of STATE I Bureau of Admin�trat1on

CS-R-NR02-E

Non Returnable Disk Plus,Renewal,e Serial

Numbers: 721840000059, 952141004324

CS-WARRANTY-EXTENSION

Warranty Exlension, Post Warranty Serial

Numbers: 721840000059, 952141004324

CS-SEC-40

SE Secure,7x24,4hr Parts Delivery Serial

Numbers: 721840000059, 952141004324

CS-R-NRD2-E

Non Retumable Disk Plus,Renewal,e Serial

Numbers: 721840000255, 952250000615

CS-WARRANlY·EXTENSION Warranty Extension, Post Warranty Serial

Numbers: 721840000255, 952250000615

CS-SEC-4D

SE Secure.7lc24,4hr Parts Delivery Serial

Numbers: 721840000255, 952250000615

CS-R-NR02-E

Non Returnable Disk Plus,Renewal,e Serial

Numbers: 722041000071, 722041000072

CS-WARRANTY-EXTENSION

arranty Extension. Post Warranty Serial

Numbers: 722041000071, 722041000072

SE Secure,Next Bus Day Parts Deliver, Serial

CS-SEC-NBOO

Numbers: 722041000071, 722041000072

Maintenance and support of this mission-critical infrastructure component are crucial as periodic incremental upgrades are necessary to preserve performance characteristics under regular increases in user and data volumes. All CGFS/CIO/TO/IO/ID System Administrators that manage and maintain NetApp equipment are specifically trained in managing and maintaining NetApp equipment that is on the DT BP A approval list for use.

When hardware components fail, we are required to call upon this maintenance contract for a replacement component that is the intellectual property of NetApp. As such, it is not available from another commercial manufacturer. In this request, maintenance include support of equipment and memory that must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment provided by another manufacturer. Maintenance must be covered under the manufacturer's warranty and procured through manufacturer-approved distribution channels. Sellers must be able to document their ability to provide items through NetApp approved distribution channels upon request.

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This acquisition is conducted pursuant to 41 U.S.C. 4103 and 4106 as implemented by FAR 16.505(b)(2) and substantiated by the following:

0 FAR 16.505(a)(4)- Only one Brand is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or high specialized.

The statutory authority permitting other than full and open competition is FAR 16.505(b )(2)(i)(B). This action is a brand name onlv justification where one awardee (brand name) 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.

The products identified by brand name herein have been identified to be the only items that can meet the department's needs. Due to the proprietary nature of NetApp components, all product upgrades, support, and maintenance must be from NetApp or their designated partners on a brand name basis.

If another brand was selected, it would result in a severe work stoppage due to the need to reconfigure the infrastructure, update scripts, revise contingency plans, obtain new Authority to Operate (ATO) approvals, and secure Change Control Board (CCB) approval. Additionally, extensive compatibility testing and staff retraining would be required. These components are the intellectual property of NetApp and are proprietary in nature.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

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

CITED

NetApp is the copyright protected intellectual property of NetApp, Inc. As owners of the components, maintenance and support required by the government can only be provided by NetApp, Inc. or its authorized/approved resellers.

Migrating to an alternative solution would necessitate significant adjustments to CGFS/CIO/TO/IO/ID business processes, entail retraining staff, purchase of new equipment, 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 NetApp-specific proprietary components.

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 = NetApp, and 2) Part Number = Multiple. Availability of contractors capable of providing the part numbers range from 48 to 62 small business. The results identified multiple small business that carry "NetApp" products, and of these over 86 small businesses have the exact part numbers on their SEWP Contract. A graphic of the results is shown below. Based on these findings, there is evidence this requirement can be set aside for small business.

Global Acquisition U.S. DEPARTMENT ef STATE I Bureau of Admlnl.stration

NETAPP, INC.

Click to Show/Hide details of

I GroupA Groups B,c,D availability by Contract Holder » � 23 (11 SB) 107 (86 SB)

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Product Requests from Various

I GroupA Groups B,C,D

Providers � Availability Varies cs-sEC-NBDO �ath:;--.a;;toAiD•�

11 (5 SB) 62 (48 SB)

cs-WARRANTY-EXTENSION �;;o;., __ ,,ao■,w•�

14 (6 SB) 77 (62 SB)

CS-R-NRD2-E �4§dihi�idd06:N�

16 (9 SB) 79 (62 SB)

CS-SEC-4D �;g;u;;.--.1&.Pt◄W-�

7 (3 SB) 43 (32 SB)

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 offerer's commercial list price. Price analysis was conducted in accordance with FAR 15.305(a)(l ), to ensure that a "fair and reasonable" price is paid by the Government.

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 fair opportunity 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. ANY OTHER FACTS SUPPORTING THE USE OF THIS JUSTIFICATION:

As this is a brand name only justification, no one contractor's unique qualifications are used as the basis for this iustification. Rather, the products identified by brand name herein have been identified as the only products

IZ\ Global Acquisition

• U.S. DEPARTMENT ef STATE I Bureau of Administration that will meet CGFS's requirements. It is anticipated that the requirement will be competed among NetApp authorized resellers and award will be made based on the limited NASA SEWP V GWAC competition.

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 NetApp. A patent, copyright, proprietary data, or licensing agreement limits competition. The proprietary data are described as follows: NetApp is the copyright protected intellectual property ofNetApp, Inc. NetApp is the copyright protected intellectual property ofNetApp, Inc. The components, maintenance and support required by the government and can only be provided by NetApp, Inc. or its authorized/approved resellers.

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

COMPETITION

The NetApp brand-name herein has been identified as the only products that meet CGFS requirements. It is anticipated that this request will be competed among NetApp approved authorized resellers. An award will be made based on the limited NASA SEWP V GW AC competition.

CGFS shall continue to conduct market research prior to filling the requirements for IT hardware of this nature.

In cases where the NetApp 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. CGFS 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

As stated in Item 3, the NetApp maintenance components must demonstrate to be 100% compatible. There are currently no known actions that the Department may take to overcome barriers to competition for the acquisition ofNetApp due to the proprietary nature of these tools, all hardware and software add-ons must be from NetApp or their designated partners on a brand name basis.