Attachment_V_-_Brand_Name_J&A.pdf

OPEN MARKET JUSTIFICATION & APPROVAL – BRAND NAME

1) IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY.

Contracting Activity: Customer Agency:

U. S. Department of Labor U. S. Department of Labor

Mine Safety and Health Administration Mine Safety and Health Administration

Arlington Branch Program Evaluation and Information Resources (PEIR)

201 12 th St South 201 12 th St South

Arlington, VA 22202 Arlington, VA 22202

2) NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

Open Market Justification & Approval for Brand Name. This requirement is being procured through FedBizOpps

(FBO)

3) A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS

(INCLUDING THE ESTIMATED VALUE OF ACTION).

a. Description of the supplies or services:

The purpose of this acquisition is to primarily obtain services to maintain the existing video telepresence

(VTC) infrastructure MSHA has deployed across all of its locations throughout the US. Another purpose of this acquisition is to allow, through the use of an IDIQ-type contract, MSHA the flexibility in expanding and updating its existing VTC infrastructure.

4) AN IDENTIFICAITON OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

OPEN COMPETITION.

This brand name justification is permitted under the authority for commercial items at 41 U.S.C. 1901 as implemented by FAR 13.501(a).

5) A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR, THE

NATURE OF THE ACQUISITION, REQUIRES USE OF THE AUTORITY CITED.

MSHA utilizes video telepresence technology to visually connect and communicate for the purposes of long distance meetings, training, remote disaster response, and other daily work interactions. One of the purposes of this acquisition is to allow MSHA to expand and update its existing VTC infrastructure through the acquisition of Cisco brand name products and equipment. MSHA’s existing VTC infrastructure is based on Cisco VTC software, products, and equipment that all seamlessly function together to provide MSHA’s VTC capabilities which are currently being implemented throughout all of MSHA’s locations across the US. MSHA requires Cisco brand name VTC products and equipment because any other brand of VTC equipment, products, or software would not be compatible with

MSHA’s existing VTC infrastructure of software, products, and equipment.

Another purpose of this acquisition is to ensure that MSHA’s existing Cisco VTC software, products, and equipment is current and update. Cisco Maintenance and support is critical for mission success and cannot be procured separately or through unauthorized resellers. Because Cisco software must be maintained and supported by Cisco as only they have the specialized and proprietary source code knowledge of their software products, which is required for software maintenance and support services.

The reason why another brand name of maintenance and support for Cisco products and equipment cannot be procured is because Cisco requires that only Cisco (and authorized resellers) can perform maintenance and support on its equipment and software. If an unauthorized reseller of Cisco brand of maintenance and support services were to be acquired and it performed support services for MSHA’s Cisco equipment, this would potentially void the warranty of

MSHA’s existing Cisco brand software and equipment and Cisco would no longer support the equipment in the future. This would then lead to its Cisco products not being properly maintained and potentially becoming unavailable http://uscode.house.gov/ for use, negatively impacting MSHA’s operations, particularly for VTC’s use for remote disaster response.

MSHA has researched the option of procuring a new system and its associated maintenance and support services.

This option is unreasonably costly and the technical benefits associated with it is far outweighed by the high cost it represents to the agency in terms of financial impact, time implementation and allocation of resources. To pursue a different brand of VTC infrastructure equipment, maintenance and support would require MSHA’s existing VTC infrastructure be replaced because of the compatibility needs between VTC software, products, and equipment.

6) A DESCRIPTION OF THE EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS

MANY POTENITAL SOURCES AS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS, OR

WILL BE, PUBLICIZED AS REQUIRED BY FAR 5.2 AND, IF NOT, WHICH EXCEPTION UNDER

SUBPART 5.202 APPLIES.

As this requirement will be solicited through FedBizOpps/the Government Point of Entry to allow as many potential sources as practicable, it will also be publicized at the time of posting.

7) A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE.

The anticipated cost to the Government will be fair and reasonable as price analysis of the entire acquisition’s components, including Cisco brand name products and services, will be conducted to ensure prices are fair and reasonable and in the best interests of the Government. In addition, since the requirement will be competed among multiple 8(a) capable sources, the price quotes will be compared against each other.

8) A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE FAR PART 10) AND THE

RESULTS OR, A STATEMENT OF THE REASON(S) MARKET RESEARCH WAS NOT CONDUCTED.

Market research was conducted and there are small business contractors, some of which are under 8(a) program which may be able to complete this requirement. This requirement has been accepted into the 8(a) program by SBA as of

06/24/16. As this solicitation is being posted to FBO, there will be ample opportunity for contractors that are 8(a) to provide quotes.

9) OTHER PERTINENT FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION.

N/A

10) INCLUDE A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED (IN WRITING) AN INTEREST

IN THE ACQUISITION.

N/A

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 long as MSHA uses Cisco VTC products in its VTC infrastructure, there will be a business need for maintenance of Cisco products and compatibility need for expansion and upgrades. However, the agency will continually research the marketplace to see if technology advances overcome the current VTC infrastructure compatibility issues and will consider other brand names of VTC infrastructures if it is in the best interests of the Government in the future.

12) JUSTIFICATION FOR EXCEPTION TO PROCUREMENT REVIEW BOARD (PRB) REVIEW.

As this requirement will be awarded under the Section 8(a) program, it is exempt from PRB review.

13) TECHNICAL CERTIFICATION.

Supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs, schedule requirements or, other rationale for other than full and open competition) and which form a basis for this justification, is certified as complete and accurate by the technical or requirements personnel.

nical or Requirements Official -Tai Bilbao, Deputy Director, Program Evaluation and Information Resources

10/19/2017

Date

14) CONTRACTING OFFICER'S CERTIFICATION.

Contracting Officer's certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief.

Digitally signed by71flENE CROWELL DN: r—US, o=US. Government, o~Depnrtment of

TIRENE CROWELL ~~~u=MineSaferyandHealthAdminist2tion,m=TIRENE CROWELI.,

0.92342.192 W 300.100.7.1=16007003204802

Date: 2017.1 Q23 1003 03 -04'00'

Contracting Officer Tirene Crowell, Branch Chief &Contracting Officer, Acquisition Management Division

10/23/2017

Date

APPROVAL

Based on the faregoing justification, I hereby approve the procurement for under an other than full and open competition brand name basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501(a) and FAR 6304(a)(3)(ii), provided that the products and services and herein described have otherwise been authorized for acquisition.

Signatur , Date: /G~2-.T~~ T~

Print Name: Eugene F. Hubbard

Title: Director, Administration and Management http://uscode.house.gov/