Description
Application for Brand Name JustificationVeritas NetBackup Enterprise Client Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As required of FAR 6.302-1( c ), each justification shall include the following information: 1. Requesting Agency: Department of Veterans Affairs Austin Information Technology Center (AITC) 1615 Woodward Street Austin, TX 78772 Contracting Activity: Department of Veterans Affairs Center for Acquisition Innovation - Austin 1615 Woodward Street Austin, TX 78772 2. Nature and/or description of the action: This is a new purchase of Veritas NetBackup Enterprise Client and associated maintenance support contract for the Austin Information Technology Center (AITC) in Austin, Texas. 3. A description of the supplies or services required to meet the agency's needs (including the estimated value): The Veritas brand is needed to meet the agency's needs with a new tech refresh and virtualization project that is being incorporated into our existing backup configuration which already uses the Veritas Netbackup products. 4. An identification of the statutory authority permitting other than full and open competition. FAR Part 6.302-1(c) "Only one responsible source and no other supplies or services will satisfy agency requirements." The use of the Veritas brand is essential to the Government's requirement, and thereby precludes consideration of a product manufactured by another company. 5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. Only the Veritas brand will satisfy the Government's requirements and those contract holders on SEWP IV who offer this type of support service will satisfy the need. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. See #8 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. See #8 8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. Market research indicated that the requirement is available on the SEWP IV Government Wide Acquisition Contract (GWAC). The requirement shall be solicited under SEWP IV pursuant to the memorandum issued by Robert T. Howard, Assistant Secretary for Information and Technology, on June 1, 2007. The memorandum instructs VA offices to use the SEWP IV contract for all IT acquisitions as of June 15, 2007. However, this software purchase and maintenance will be acquired from Northrop Grumman I. T., Inc. via the AACES Prime Vendor Contract V200P-909. This source was previously selected based on an open competition under Contract V200P-909. AITC has an existing Veritas licensing agreement through NGIT for all Veritas products with terms and conditions the AITC needs for its disaster recovery/continuity of business program operations. It is in the best interest of the Government to acquire the products through this vehicle to ensure consistent terms and conditions in licensing and maintenance, and to take advantage of administrative cost savings obtained from having all products licensed and maintained through a single vendor. This strategy is in the best interest of the Federal government and the price is fair and reasonable 9. Any other facts supporting the use of other than full and open competition, such as: (i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. Purchase descriptions suitable for full and open competition have not been developed because the brand name is necessary to meet the Government's needs as stated in numbers 4 and 5 of this document. 10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. N/A 11. A 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. Solicitations for future requirements will utilize "brand name or equal" language, if it is in the Government's best interest to do so. The current requirement must be solicited using a brand name description because the Government needs to create an exact copy of a system that is currently in use. 12. Certification requirement: (Technical/requirements personnel must certify). I certify the supporting data, including the statement of the Government's minimum needs and other rationale for other than full and open competition is complete and accurate to the best of my knowledge. /s/ Angela Orth 10/26/2009 Angela Orth IT Specialist Date This justification is accurate and complete to the best of the contracting officer's knowledge and belief. October 26, 2009 Sylvia Thomas Contracting Officer Date