A03_-_Redacted_J&A.pdf

Control No: JA-Adel-17-439

Contractor: CommVault Systems, Inc.

Supply/Service: Supply

Version – November 2015

JUSTIFICATION REVIEW DOCUMENT

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

BRAND NAME SOLE SOURCE

Supply/Service: Commvault File Archive Enterprise

Authority: 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, and brand name descriptions.

Amount: $163,856.01

Prepared by: Gregory Cody DSN: 290-5682 Office Automation Clerk Date: 21 Apr 2017 gregory.b.cody.civ@mail.mil

Contracting Officer: Bryan Hoffman DSN: 290-3060 Contracting Officer Date: 15 June 2017 bryan.p.hoffman2.civ@mail.mil

Technical: Gregory Cody DSN: 290-5682 Office Automation Clerk Date: 21 Apr 2017 gregory.b.cody.civ@mail.mil

Requirements: Steve Leatherman DSN: 298-8674 Team Lead Date: 21 Apr 2017 steven.s.leatherman.civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

X Program Manager mailto:steven.s.leatherman.civ@mail.mil

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Department of Army FAR Part 13 Simplified Acquisition Sole Source Justification and Approval for

Other than Full and Open Competition

1. Contracting Activity: United States (US) Army Contracting Command – Aberdeen Proving Ground (ACC-APG) Adelphi Contracting Division (CCAP-SCA) 2800 Powder Mill Rd, Adelphi, MD 20783

2. Description of Action: The Corporate Information Branch (RDRL-CIO-M) of the U.S.

Army Research Laboratory’s (ARL) Computational and Information Sciences Division (CISD) requests a Firm Fixed Price (FFP) contract with Commvault Systems, Inc. This action will limit competition to only vendors capable of supplying Commvault software perpetual licenses and maintenance in accordance with the line items identified below in section three (3). The period of performance for these software licenses are for one (1) year. The estimated price is $163,856.01. Fiscal Year (FY) 2017 Research & Development, Test & Evaluation (RDTE) Army funds will be used.

_X_ An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The Government requires Commvault software perpetual licenses and maintenance. Commvault operating system software license subscriptions and services include data protection, back-up, system maintenance and recovery. Commvault’s suite of software products are designed to work together seamlessly, while sharing a single code and a common function set to deliver data back-up and archive topology at the enterprise level.

The Government requires the following Commvault Enterprise Licenses for a total dollar amount of $163,856.01:

Quantity (192), Commvault File Archive Enterprise – Per Terabyte (TB), Capacity License Quantity (238), Data Archive Enterprise feature pack, 1 Terabyte (TB) Capacity Enterprise Quantity (37), Data Protection Advanced (DPA) edition capacity bundle, limited Quantity (52), Commvault File Archive Enterprise – Per Terabyte (TB), Capacity License Quantity (98), Data Archive Enterprise feature pack, 1 Terabyte (TB) capacity Quantity (6), Data Protection Advanced (DPA) edition capacity bundle, limited Quantity (17), Commvault Enterprise File Archive, licensed Per Terabyte (TB), Quantity (18), Data Archive Enterprise feature pack, 1 Terabyte (TB) capacity Quantity (2), Data Protection Advanced (DPA) edition capacity bundle, limited Quantity (30), Commvault Enterprise File Archive, licensed Per Terabyte (TB) Quantity (12), Commvault Simpana Data Protection Advanced (DPA) edition capacity Quantity (75), Data Archive Enterprise feature pack, 1 Terabyte (TB) capacity

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Quantity (3), Commvault Simpana Data Archive Enterprise (DAE) edition capacity

Quantity (1), Data Protection Advanced (DPA) edition capacity bundle, limited Quantity (2), Commvault Enterprise File Archive, licensed Per Terabyte (TB) Quantity (1), Data Archive Enterprise feature pack, 1 Terabyte (TB) capacity Quantity (1), Data Protection Advanced (DPA) edition capacity bundle, limited Quantity (1), Data Protection Advanced (DPA) edition capacity bundle, limited Quantity (6), Commvault Enterprise File Archive, licensed Per Terabyte (TB) Quantity (6), Data Archive Enterprise feature pack, 1 Terabyte (TB) capacity Quantity (2), Data Protection Advanced (DPA) edition capacity bundle, limited

4. Authority Cited: The statutory authority permitting other than full and open competition is 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

RDRL-CIO-M requires the procurement of the aforementioned brand name Commvault software and maintenance licenses in support of the continuous management and protection of mission critical data. This software is required by RDRL-CIO-M which continuously monitors and assesses the performance of the ARL enterprise information technology (IT) resources in order to ensure systems availability and continuity of support of systems needed by ARL to perform its overarching mission of research.

Commvault software provides back-up and archive capabilities and is currently used on existing hardware deployed at Aberdeen Proving Ground (APG), Adelphi Laboratory Center (ALC), White Sands Missile Range (WSMR) and the Army Research Office (ARO). Under contract W91QUZ-07-D-0006 1YE8, ARL purchased 135 TB of protection size at a total price of $704,859.30. ARL has exceeded the purchased license capacity due to ARL’s rapid data growth, which is growing at a rate of approximately 23% per annum, and cannot back-up new systems until capacity is extended. These license agreements are required for continued access to product updates and fixes, and communication help tools.

Commvault’s suite of software products were designed to work together seamlessly, sharing a single code and a common function set to deliver back-up and archive topology at the enterprise level. ARL purchased the Commvault software products previously and has been utilizing them to support the management and protection of mission critical data. It is imperative that additional software procured is compatible with the existing system as not to invalidate previous work done through this system. The originally purchased 135 TB of data capacity which provides for the aforementioned features, ultimately reduces management costs, mitigates business and compliance risks in the data management environment, and ensures consistent & reliable access to information. Another vendor’s software solution would not tie into the enterprise and therefore would not work in disaster recovery. Disaster recovery enables the recovery of

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Version – November 2015 data and the continuation of technology infrastructure in the event of a disaster. Utilizing other data management software from another vendor’s software solution would not only be incompatible with past mission efforts and data, but it would result in significant redundancies and delays, which would negatively impact mission continuity and render previous efforts futile. This would require ARL to replace the recently purchased Commvault system, resulting in delays to current programs by an estimated 18 months and result in additional costs of an estimated $1.8 million to $3 million. This cost range is based on variations in alternative vendor system pricing in conjunction with the rapidly growing and evolving data capacity requirements at ARL. This consistent increase in data capacity requirements is a significant factor in maintaining current systems and associated software licensing to avoid what could ultimately amount to a full system reboot with new hardware and software, in addition to potential efforts to convert past data for compatibility with a new system, if possible.

If the additional Commvault licenses and maintenance are not procured, ARL would not be able to manage all of the laboratory’s data retention, which would make ARL’s data vulnerable to loss and violate existing Service Level Agreements (SLAs), such as the Survivability/Lethality Analysis Directorate’s Distributed Incident Collaborative Environment (DICE) SLAs, a customized software system that integrates a digital library, a management tool, as well as other unique resources that customers within the Department of Defense (DoD) utilize to obtain access to Joint Trauma Analysis and Prevention of Injury in Combat (JTAPIC) program products and formulate requests for new analysis. In addition, in the event that additional licenses are not purchased and no other data management system is procured, ARL would no longer be compliant with the following DOD Information Assurance Certification and Accreditation Process (DIACAP) requirements: CODB-1-1, CODP-1-1, ECRR-1-1, and ECTB-1-1. Furthermore, RDRL- CIO-M’s ability to achieve its mission of promoting an IT enterprise management approach to managing all IT programs, assets and policies would be deleteriously impacted.

6. Efforts to Obtain Competition: The intent of this requirement is to obtain competition amongst Commvault System, Inc.’s authorized resellers. Resellers include Accunet Solutions, CDWG, FCN Technology Solutions, Gen3i, GovConnection, GovPlace, Insight Direct. IT Navigation, Kelyn Technologies, Merlin International, Presidio, Red River, Storage Hawk, and Swish Data. Detailed information on these vendors is contained in the file, ref A01 – List of Sources (Contract Specialist). Due to the need for this requirement to be compatible with the existing Government system in order to successfully satisfy mission requirements, Commvault is the only brand that meets the Government’s requirements. A combination synopsis/solicitation will be posted to the GPE to allow for competition among authorized re-sellers of Commvault brand software.

7. Actions to Increase Competition: The Government will continue to examine the market to increase competition by attending conferences/exhibitions, conducting internet research, and maintaining open discussion with industry experts to identify alternative solutions before executing any subsequent contract action for the requirement herein.

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Currently, there is no other software licenses available in the marketplace that is compatible with Commvault Systems operating platform. Until Commvault System relinquishes their proprietary software rights to other sources, or another system is identified that can meet the Government’s requirements, the nature will remain limited to only authorized resellers.

8. Market Research: Market research was conducted on 19 April 2017 by Mr. Gregory Cody, an Office Automation Clerk, with 16 years of experience. Avenues of research included: discussion with Subject Matter Experts (SMEs) and reviews of market research conducted for identical efforts. Mr. Cody consulted with Mr. Steven S. Leatherman, Team Lead of RDRL-CIO-M’s System Software team. Mr. Cody reviewed market research efforts conducted for W91QUZ-07-0006-1YE8, in which ARL procured 135 TB of data protection from Commvault, and W911QX-15-P-0366, in which ARL procured maintenance licenses for the software licenses procured in W91QUZ-07-0006-1YE8.

After extensive market research, it was determined that only Commvault Systems, Inc.

can meet the Government’s minimum requirements. While other manufacturers such as EMC Corporation, Oracle Corporation, Symantec Corporation and Quantum Corporation offer comparable software for their respective systems, they are not compatible with the existing Commvault system that ARL utilizes at the enterprise level. Commvault software products share a single code and common function set to deliver data protection and are protected by numerous patents; any other brand data protection software would not tie into the enterprise wide-solution. Therefore, Commvault brand is the only responsible source that can meet the Government’s minimum requirements. Additionally, it was determined that the required brand name software licenses are available through authorized Value-Added Resellers (VAR) and distributors.

9. Interested Sources: A combination solicitation/synopsis will be posted to FBO.gov to allow competition among Commvault authorized resellers. The notices required by FAR

5.201 shall be published and all bids or proposals shall be considered.

10. Other Facts:

a. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) Contract numbers and dates of the last several contracts for these same requirements: W91QUZ-07-D-0006-1YE8, Contractor: Dell Federal Systems, L.P.

Award Date: 19 September 2014 Period of Performance: 26 Sept 2014 – 25 Sept 2015

(2) The competitive status of this action: Full and Open

(3) Authority previously cited if less than full and open competition was used: N/A

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(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results: N/A

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources: N/A; W91QUZ-07-D-0006-1YE8 was the first acquisition of this system.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys: N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes: N/A; Full and Open

b. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) Contract numbers and dates of the last several contracts for these same requirements: Contract: W911QX-15-P-0366 Contractor: Gen3I Inc.

Award Date: 21 September 2015 Period of Performance: 30 Sept 2015 – 29 Sept 2016

(2) The competitive status of this action: Sole Source

(3) Authority previously cited if less than full and open competition was used: Authority:

13.106-1(b)(1)(i) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results: Only Commvault or any authorized re-seller are capable of providing the maintenance support for the Government owned System.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources: Because the Government now owned the Commvault System, only Commvault or a Commvault authorized Reseller are capable of providing the maintenance licenses.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys: N/A

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(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes: N/A; Full and Open under W91QUZ-07-D-0006-1YE8

c. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) Contract numbers and dates of the last several contracts for these same requirements: Contract: W911QX-16-P-0309 Contractor: Presidio Networked Solutions Award Date: 20 September 2016 Period of Performance: 20 Sept 2016 – 19 Sept 2017

(2) The competitive status of this action: Sole Source

(3) Authority previously cited if less than full and open competition was used: Authority:

13.106-1(b)(1)(i) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results: Only Commvault or any authorized re-seller are capable of providing the maintenance support for the Government owned System.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources: Because the Government now owns the Commvault System, only Commvault or a Commvault authorized Reseller are capable of providing the maintenance licenses.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys: N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes: There have been no changes since the previous justification as still only Commvault or a Commvault authorized reseller are capable of providing the required maintenance Licenses.

d. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated: N/A

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Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Office Automation Clerk

Technical Certifier (Tech)

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Team Lead

Requirements Certifier

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

__ Cost analysis __ Price analysis __ Should-cost

__ IGCE

__ Audit:

_X_ Other: Adequate price competition is anticipated between authorized re-sellers

As a part of this basis, certified cost or pricing data:

__ will be required.

_X_ will not be required and the following exception applies (FAR 15.403):

_X_ Prices that will be agreed upon are based on adequate price competition.

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__ Prices that will be agreed upon are based on prices set by law or regulation.

_X_ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Contracting Officer (KO)

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

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Approval Based on the foregoing justification, I hereby approve the procurement of Commvault Enterprise Licenses and Maintenance on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901(e)(2), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.