NNG15SD22B-133.docx

FedBizOpps Award Notice

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* = Required Field FedBizOpps Award Notice Rev. March 2010 R CPE Commvault Backup Software Licenses 07724 36C10B18Q3070 N 541519 Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724 Joseph.Pignataro@va.gov Asif.Damji@va.gov

NNG15SD22B 36C10B18F2845

$181,929.73 08-31-2018

FOUR POINTS TECHNOLOGY, L.L.C.

089896737

14900 CONFERENCE CENTER DR STE 100

CHANTILLY

VA

20151

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

2. Description of Action: The proposed action is for a firm-fixed-price delivery order to be issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Governmentwide Acquisition Contract (GWAC) for Commvault software licenses and maintenance support.

3. Description of the Supplies or Services: VA, Office of Information and Technology (OI&T), Enterprise Program Management Office , Capacity and Performance Engineering (CPE) requires name brand Commvault software licenses and maintenance support along with installation, configuration and training services for its testing lab at the Austin Information Technology Center in Austin, Texas. The CommVault software licenses will include unlimited backup storage, ability to backup up to 300 virtual machines with advanced reporting, 30 physical machine licenses and 30 application level backup licenses. Commvault software will allow CPE to perform routine backups on Information Technology (IT) systems in the test lab and return them to an operational state when there has been a data loss. The IT systems are used for enterprise capacity and performance testing with a primary goal of ensuring that applications are operationally ready to be deployed in the production environment. Continuous access to these IT systems is critical to CPE’s operations and general stewardship of IT resources. The period of performance is 12 months from date of contract award with two 12-month option periods. The total estimated price of the proposed action inclusive of the option periods is

4. Statutory Authority: The statutory authority permitting this exception to fair opportunity is Section 41 U.S.C. 4106(c)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 16.505(b)(2)(i)(B) entitled, “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”

5. Rationale Supporting Use of Authority Cited Above: Based on market research as described in section 8 of this Justification, it was determined that limited competition is available among authorized resellers for the brand name Commvault backup software licenses and maintenance support along with installation, configuration and training services. Commvault backup software is required so CPE’s IT systems, capacity and performance data can be secured and protected in case of data loss, a security event affecting data integrity or a natural disaster. CPE operates several Linux-based systems that host Intersystems Cache applications. These systems provide non-production database services to OI&T software development efforts. As part of a system recovery policy, recurring backups are performed. CommVault provides an out-of-the-box scripted backup interface capability with Intersystems Cache specific to the appropriate operating system that VA utilizes. The script provides the CommVault software the ability to utilize the appropriate Cache utilities to quiesce the Cache database while it is in use, to signal Cache to switch journal files (which track changes to the database that occur during backup) and to properly conclude the backup by capturing all database changes (Cache journal file entries) that occurred during the backup process. Software products without an interface to Cache would require a custom script be developed prior to being utilized.

Additionally, VA utilizes Commvault within its infrastructure as a backup solution for VistA Electronic Health Record (EHR) systems. No other company has the software that can be integrated or is interoperable or compatible with the currently installed base of Commvault software. Only Commvault can provide the licenses and maintenance support for VA’s Commvault installations as no other known source has software that is interoperable with it.

Further, only Commvault backup software will meet the VA’s compatibility and functional requirements. Only CommVault, or an authorized reseller, can provide the necessary bug fixes, upgrade releases and enhancements, and periodic updates for maintenance due to the proprietary source code. No other software developer has the intellectual property rights to access and modify the CommVault source code, which is required in order to execute the needed bug fixes, upgrades and updates. Only CommVault or its resellers have access to CommVault’s proprietary software source code needed to provide the required software maintenance and ensure that the services provided are properly configured. This code is also required to develop and push updates and upgrades to the existing software. Using Commvault’s backup software will ensure that systems in the test lab can be returned to an operational state when there has been a data loss due to hardware failure or software corruption.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this justification. This effort did not yield any additional sources that can meet the Government’s requirements. In accordance with FAR 5.301 and 16.505(b)(2)(ii)(D), the resultant delivery order will be synopsized and the justification will be made publicly available on the Federal Business Opportunities Page within 14 days of award of the order. In addition prior to exercising the option periods, VA will perform market research to ensure market conditions have not changed.

7. Actions to Increase Competition: In order to remove or overcome barriers to competition in future acquisitions for this requirement, the Government will continue to perform market research to determine if there are any new products or maintenance services available that will fulfill the Government’s need.

8. Market Research: Market research was conducted by CPE technical experts in May 2018 by searching similar software product websites of Acronis and Druva. Based on reviews of these companies’ products and services offered, the Government’s technical experts determined that none of these sources can meet the Government’s requirement for a backup solution. The market research revealed that only Commvault, or its authorized Commvault resellers, would be capable of meeting VA’s requirements. Only CommVault provides out of the box scripted backup interface capability with Cache. Products other than CommVault would require a custom script be developed prior to being utilized. Based on the market research the Government’s technical experts have determined that only brand name CommVault software licenses and maintenance support along with installation, configuration and training services support can meet all of the Government’s requirements.

In May 2018, the Contract Specialist conducted market research to ascertain the extent of limited competition among resellers. Through the use of the Provider Look-up tool on the NASA SEWP V GWAC website, multiple Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) were identified as resellers of the required CommVault software licenses. Therefore, limited competition is anticipated.

9. Other Facts: None.

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

Date: __________________________

IT Specialist Signature: ______________________

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on anticipated competition. Additionally, NASA SEWP V has already determined the prices on contract to be fair and reasonable. Finally, the successful quote will be compared with the Independent Government Cost Estimate.

Date: __________________________

Procuring Contracting Officer Signature: ______________________

12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. As this contract action does not exceed $700,000, the certification below required by FAR 16.505(b)(2)(ii)(C)(1) serves as approval.

Date: __________________________

Procuring Contracting Officer Signature: ______________________