NNG15SD78B-006.pdf

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement Acquisition and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action: The proposed action is for a firm-fixed price (FFP) delivery order (DO) to be issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC) for name brand NEC Private Branch Exchange (PBX) devices, licenses, and phone cards, as well as brand name or equal phones, headsets, and associated hardware warranty for a PBX telephone exchange.

3. Description of the Supplies or Services The Department of Veterans Affairs (VA) Office of Information & Technology (OI&T), Veterans Health Administration (VHA), West Palm Beach (WPB) Veterans Affairs Medical Center (VAMC) has a requirement for NEC hardware, software licenses, labor and installation to complete the implementation of Voice Over Internet Protocol (VOIP) phones and associated NEC brand equipment shown in the deliverables section of the Product Description at six (6) Community Based Outpatient Clinics (CBOC) throughout the WPB Catchment area. The proposed action will acquire NEC equipment for the six (6) CBOCs, which will work in conjunction with the current NEC SV-9500 system in place at the main hospital facility. This action shall also acquire all labor and installation, and associated programming of NEC UG-50 and incoming AT&T Primary Rate Interface (PRI) trunks. The period of performance is 30 days after award.

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. § 4106(c)(2) as implemented by FAR 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 viable among authorized resellers for the required NEC brand name PBX devices. The WPB VAMC currently uses an NEC SV-9500 PBX for all phone service. This equipment is a hybrid system capable of providing Time-Divison Multiplexing (TDM) phone service as well as a VOIP system by using the existing NEC equipment. Utilizing NEC equipment shall provide all the benefits of the SV-9500 to the CBOCs, including call recording, automatic call distributor (ACD), emergency rollover dial tone, and the additional functionality to support the Veterans Crisis Line (VCL). If NEC equipment is not utilized, the addition of the VCL would cost in excess of $153,000. Further, vendors require MedMark Veteran Services to enter into a 36 month agreement for the VCL services with upfront costs due prior to project commencement. These front end costs would not be reimbursable nor recoverable. NEC brand name devices are the only PBX items that can continue to build upon WPB Catchment area’s existing NEC-based

PBX Hardware Components 36C10B18Q3133 telecommunications infrastructure. The telephonic devices and systems currently implemented within the WPB Catchment area are manufactured by NEC and run on its proprietary NEC Fusion Network. The telecommunication system integrates with the NEC Fusion network to use an Automatic Call Distributor (ACD) processor from an alternate node for ACD purposes. ACD integration allows callers to seamlessly transfer from site to site. All ACD data is monitored by VA’s Global Navigator system, which allows for call statistics, advanced routing abilities, and data used for staffing purposes.

WPB Catchment area’s current telecommunications system communicates through source code that is based on NEC’s proprietary data. Any other brand name telecommunications device is not able to integrate with the currently fielded NEC brand name telecommunication equipment and VA’s Global Navigator system. Without this interoperability, the PBX devices will not perform their intended functions and will not allow callers to seamlessly transfer from site to site. This will lead to network delays and interoperability issues, leading to work stoppages and erosion in supporting VA’s overall mission to delivery healthcare and benefits to Veterans. Additionally, only NEC or an authorized reseller can provide the installation services and warranty services due to the proprietary technical data required to perform those services. Without that proprietary technical data, no other source has the ability to install the items and configure them to operate within the current infrastructure which consists of NEC brand name equipment.

6. Efforts to Obtain Competition: Market research was conducted, the details of which are in section 8 of this justification. This effort did not yield any additional sources that can meet the Government’s requirements. It was determined however that limited competition is viable among authorized resellers for NEC brand name PBX devices and warranty. In accordance with FAR 16.505(a)(4)(iii)(A)(2), this justification will be provided with the solicitation to all appropriate NASA SEWP V GWAC holders.

Furthermore, in accordance with FAR 5.301 and FAR 16.505(b)(2),notice of award of the resulting order will be synopsized on the Federal Business Opportunities website and this justification will be made publicly available within 14 days of award.

7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed.

8. Market Research: Market research was conducted by the Government’s technical experts in July of 2018 by reviewing similar software and by obtaining a quote from an NEC authorized seller. Market research also resulted in obtaining a quote to install VCL services for over $153,000.

Additional market research was conducted by the Contract Specialist on July 12, 2018 by utilizing the NASA SEWP V GWAC Market Research Tool. The search yielded 17 authorized resellers for NEC products on the NASA SEWP V GWAC, including three (3) Group B, Service Disabled Veteran-Owned Small Businesses (SDVOSB).

9. Other Facts: None.