RH.pdf

410th CSB Control No. insert

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JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Agency/Contracting Activity: The Joint Interagency Task Force South (JIATFS) Truman Annex, Bldg 4180, Naval Air Station Key West, Florida, Regional Contracting Office plans to contract by means other than full and open competition. This document sets forth the justification and approval for award of a Federal Supply Schedule order on a limited source basis as required by FAR 8.405-6

2. Description of Action:

Nature: New Requirement Follow-on Order Mod to Existing Order Number

Order against: Multiple Award ID/IQ Contract Number: ____________________

Pricing: Firm-Fixed Price Time & Materials Cost Type

Funds: OMA Other Funds:

3. Description of Supplies or Services:

The estimated value of the proposed action is $ 33,196.90

JIATF-South requires the purchase of 22 Red Hat Enterprise Linux Premium Subscription Licenses to support up to 4 virtual guests on physical servers with 2 processor Sockets.

The purchase of these licenses will allow JIATF South to receive phone and on-line support for severity 1 and 2 cases, 24 hours a day, 7 days/week, and during normal business hours (8-5) for severity 3 and 4 cases. JIATF South will also receive continuous access to all supported versions of Red Hat Software including all security updates and bug fixes, as well as access to support engineers with Red Hat expertise and the Red Hat Knowledge Base.

4. Authority:

Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), FAR 16.505(b)(2) and DFARS 216.505-70(b). The contracting officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding $3,000 unless one of the following statutory exceptions applies. Mark the applicable exception:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays [FAR 16.505(b)(2)(i)(A)];

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

The order must be issued on a sole-source basis in the interest of economy

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-2-and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order [FAR 16.505(b)(2)(i)(C)];

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)];

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that purchase be made from a specified source [FAR 16.505(b)(2)(i)(E)]; or

In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply. [FAR 16.505(b)(2)(i)(F)]

OR:

Items Peculiar to One Manufacturer (Brand Name):

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. [FAR 16.505(a)(4), see also FAR 11.105].

5. Rationale/explanation to support cited authority: This Exception to Fair Opportunity (EFO) is for the award of a Firm Fixed Price (FFP) contract for Red Hat Enterprise Linux Premium Support for JIATFS, Key West, Florida.

A FFP contract is requested for a base period of twelve months with no options at an approximate dollar value of $33,196.90

Red Hat Enterprise Linux is used on various servers throughout the JIATFS Infrastructure. Majority of the servers that require this Premium Support license are directly used to support the JIATFS mission. The purchase of this Premium Support license allows Linux Administrators at JIATFS to access the Red Hat Knowledgebase as well as receive access to support engineers with Red Hat expertise. The Linux Administrators will also obtain access to the Red Hat Support Portal, where they will be able to download critical security updates and patches that are needed to ensure security compliance and keep the servers up to date in order for them to run effectively.

6. Market Research: Market research was performed by searching the Army CHESS website. There are two vendors available on Army CHESS that can bid on this requirement: Carahsoft Technology and DLT Solutions. In addition, market research techniques included: Internet browsing, including the Army Knowledge Online (AKO) and Defense Knowledge Online (DKO) portals; the review of vendor's literature and pamphlets; and discussions with other Government agencies (Army, Navy, Coast Guard, and Air Force). Subject Matter Experts were contacted, following the browsing, review and reading of material at JIATF South.

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The Army has already determined the price of the supplies under CHESS contracts to be fair and reasonable. Price reasonableness will also be based on the fact that this requirement will be solicited on Army CHESS. The contracting officer has previously determined that this purchase represents the best value and results in the lowest overall cost alternative to meet JIATFS’ needs.

In order to provide an estimate cost for this procurement package, market research was conducted by using the online quote tool located in the Customer Portal of the Red Hat Linux website. Each license costs $1,508.95 with a total cost estimate of $33,196.90.

7. Actions to Increase Competition: Maintenance for Red Hat Enterprise Linux can only be provided by Red Hat and purchased from one of their resellers. If Red Hat Enterprise Linux Premium Support is not purchased, JIATFS will not be able to access the Red Hat Knowledgebase or receive assistance from support engineers with Red Hat expertise. Although Red Hat can only provide the Premium Support License, there are various resellers available through CHESS that are authorized to sell this license.

8. Any other facts supporting the justification: By purchasing Red Hat Enterprise Linux Premium Support, JIATFS will receive support from Red Hat experts 24 hours a day, 7 days a week (24x7) if the support case is deemed Severity 1 (Critical) or Severity 2 (High Importance). By having access to these experts, Linux Administrators located at JIATFS will be able to troubleshoot issues more effectively and reduce the amount of downtime of mission critical services.

9. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this justification for an exception to fair opportunity is accurate and complete to the best of my knowledge and belief.

Submitted By: Jason Roberts Position Title (Division Chief or higher): J63 Enterprise Operations D.O.

Email address: jason.n.roberts.civ@mail.mil Signature: ____________________________ Date: 4/10/2015

10. Fair and Reasonable Price Determination: As Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The Army has already determined the price of the supplies under CHESS contracts to be fair and reasonable. Price reasonableness will also be based on the fact that this requirement will be solicited on Army CHESS. Certified cost and pricing data will not be required because the action is for a commercial item.

Signature: Date: 13 April 2015 Name: James W. Hill Title: Contracting Officer

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HILL.JAMES.WILS

ON.1233486473

Digitally signed by

HILL.JAMES.WILSON.1233486473

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HILL.JAMES.WILSON.1233486473 Date: 2015.04.13 07:52:36 -04'00'

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11. Review: I have reviewed this justification and have no legal objection.

Legal Counsel Typed Name: _________________ Date: ______________________

Signature: ____________________

12. Contracting Officer’s Approval: I hereby certify that this justification for an exception to fair opportunity is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this justification for an exception to fair opportunity, subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Signature: Date: 13 April 2015 Name: James W. Hill Title: Contracting Officer

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Gregory T. O'Malley 13 April 2015

HILL.JAMES.WILS

ON.1233486473

Digitally signed by

HILL.JAMES.WILSON.1233486473

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HILL.JAMES.WILSON.1233486473 Date: 2015.04.13 07:52:57 -04'00'

OMALLEY.GREGOR

Y.THOMAS.124107

Digitally signed by

OMALLEY.GREGORY.THOMAS.1241073978

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=OMALLEY.GREGORY.THOMAS.124107397 Date: 2015.04.13 13:30:10 -05'00'