Mitel JOFOC1047140 v2.pdf

FOR OFFICIAL USE ONLY

LIMITED SOURCES JUSTIFICATION

FAR PART FAR 13.106(b)1

1. Identification of Agency and the Contracting Activity:

The Contracting Activity is the USDA Forest Service, Chief Information Officer (CIO) and the

Procurement & Property Services (PPS) National Procurement Operations (NPO) Information

Technology Contracting Branch (ITCB), Albuquerque Service Center, 4000 Masthead St. NE, Albuquerque, NM 87109.

2. Nature and/or Description of Action Being Approved:

This document is an individual justification and approval document pursuant to FAR Part 13.106

(b) soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold. This action is to procure annual Mitel Software Assurance (SWA) and support in which

Forest Service owns the Mitel 3300Voice over Internet Protocol (VoIP) Systems that are not on

GSA Schedule. A firm fixed price purchase order will be awarded to Mitel Business Systems Inc., 1146 N Alma School Rd, Mesa AZ, 85201-3000, Duns and Bradstreet number is 613993190. Mitel is the sole provided of the required services and has provided the Government documentation that no other vendor is authorized to access system requirements specific to the service required to satisfy the Government’s needs. The required services are not available on GSA schedule or any other government wide acquisition contract.

3. Description of Supplies or Services Required to Meet Agency’s Need Including the Estimated

Value:

Mitel Software Assurance is a manufacturer’s original equipment subscription service on Mitel software products that entitles access to 1) Software updates for patches and fixes; 2) New software releases for enhanced functionality; and 3) Mitel Technical Support resources which includes call-in, web ticket, and Mitel Knowledge Base support. Integration of these services are essential to keep the Forest Service’s telephone systems current to industry standards and assure the most current level of security is maintained. FITARA (Federal Information Technical Acquisition

Reform Act) direction of bundling and aligning period of performance is various – 9/30/2022. Total estimated value of award will be $45,337.71.

4. Identification of the Justification Rationale and if applicable, a demonstration that the proposed contractor's unique qualifications to provide the required supply and service.

FAR 13.106(b)(1)(i) for purchase not exceeding the simplified acquisition threshold Contracting

Officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available. The ownership of the systems where the SWA is requested is with USDA. Mitel sold the systems directly to USDA and such

USDA must go Mitel directly for the SWA renewals as authorized resellers are not allowed access to offer SWA renewals to USDA at this time. There is a process where authorized resellers can provide SWA if the ownership is relinquished but Mitel's policy of transferring access to SWA does not extend to Federal Agencies. Thus, Mitel is the sole provider of Software

Assurance (SWA) and support and has submitted substantiating documentation to the

Contracting Officer stating that as the manufacturer there are no other firms that can provide the required services. The Forest Service owns the Mitel 3300 Voice over Internet Protocol (VoIP)

Systems and the SWA Assurance maintenance provided by Mitel is the only maintenance service that can support the agency owned equipment. Documentation from Mitel is in the file supporting that they are the sole source provider and only authorized agent in support of this system.

5. A Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Prior purchase history (12760420P0007, 12760420F0168, 12760420P0047) was considered in determining price reasonableness. Mitel provided a 40 percent discount last year based on GSA pricing and the new GSA pricing schedule only allows a 40 percent discount which is provided in the market research estimate. The required SWA service is not currently on GSA schedule but the vendor was willing to provide a 40 percent discount in line with their other GSA pricing as they are in the processes of renewing/obtaining their GSA Schedule. Based on this information the quoted price would be considered fair and reasonable.

6. A description of market research conducted and the results or a statement of the reason market research was not concluded:

The FS has done due diligence to ensure that the actions they are taking are within the Federal

Acquisition Regulation and have tried to ensure fair competition has been done to acquire the best value as well as fair and reasonable pricing for this acquisition. We continuously survey the marketplace for similar or superior products and as of this date, we have not found product with comparable capabilities that offer a more reasonable price.

7. A statement of the actions if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The program will continue to monitor the market and as equipment becomes obsolete or new solutions emerge the Government will look at other potential equipment and sources to fulfil its requirement. At this time Mitel is the sole SWA provider for agency owned equipment.

Certifications

The Program Office signature below provides evidence that any supporting data that is the responsibility of technical or requirements personnel and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

SUBMITTED:

Robin H Hays

Enterprise Software Program Manager

The information contained in this justification is accurate and complete to the best of my knowledge and belief. I hereby determine the circumstances described above deem only one source, or limited sources, reasonably available and competition is precluded for the reasons indicated in this document.

Michael S. DeSouto

Contracting Officer

CONCUR:

JAMES GMC. BAILEY

Branch Chief

IT Contracting Branch