NNG15SD19B-148.docx

Control Number TAC-18-52353

CommVault Maintenance Support Control Number TAC-18-49829 FedBizOpps Award Notice

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* = Required Field FedBizOpps Award Notice Rev. March 2010 R TBE Commvault Software 07724 36C10B18Q3150 N 541519 Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724 Joseph.Pignataro@va.gov Asif.Damji@va.gov

NNG15SD19B 36C10B18F2925

$1,897,893.30 09-14-2018

ALVAREZ LLC

160759135

8251 GREENSBORO DR STE 230

TYSONS CORNER

VA

22102

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

23 Christopher Way Eatontown, New Jersey 07724

2. Description of Action: The proposed action is for a firm-fixed-price delivery order issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Governmentwide Acquisition Contract (GWAC), for brand name CommVault software licenses, to include associated maintenance and installation services.

3. Description of Supplies or Services: VA Office of Information and Technology Information Technology Operations and Services has a requirement for 700 terabytes of brand name CommVault Data Protection Advanced software licenses, to include associated maintenance and installation services for the expansion of existing CommVault data backup infrastructure. VA also has an optional task for the licensing of 5,000 users of CommVault eDiscovery software licensing, to include associated maintenance to enable data discovery functionality for the existing CommVault data backup infrastructure. VA currently utilizes a CommVault architecture to backup and/or archive data at approximately 260 facilities. VA intends to expand this environment to backup 700 terabytes of additional data located at these same facilities. VA also intends to add data discovery (eDiscovery) capability to support 5,000 end users. This action also includes installation services to implement a consolidated backup routine for VA’s VistA electronic health records system using the licensing included in the procurement. The Contractor shall further review the configuration of VA’s eight existing CommVault CommCell backup systems to ensure consistency and adherence to VA 6500. The period of performance is 12 months from date of contract award. The total estimated price of the proposed action inclusive of the optional task 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 extensive market research, as described in paragraph 8 of this document, it was determined that limited competition is viable among authorized resellers for the brand name CommVault software licenses, maintenance support and installation services. CommVault is currently utilized as the sole software architecture to backup and/or archive data at approximately 260 VA facilities. VA intends to expand this environment to cover up to 700 terabytes of additional data located at these same facilities using a combination of new and existing hardware. The current CommVault infrastructure is only compatible with proprietary CommVault software licensing due to the proprietary elements of the existing infrastructure. Specifically, the existing infrastructure only consists of CommVault software and hardware that can only communicate within that brand. Utilizing another brand name software under this action would result in interoperability and compatibility issues specifically any other brand name software will not communicate with the existing CommVault items. Furthermore, use of any other brand name item would result in replacing all the existing CommVault hardware and software currently fielded that is not being renewed or replaced under this proposed action. This would result in extensive delivery delays of two years and extensive duplication of costs up to $9M that would not be recovered through competition. These estimates are based on previous efforts for similar procurements.

Furthermore, VA’s current backup system and software communicates through a source code that is based on CommVault proprietary data. No other software can provide the required communication capabilities without this source code. No other software developer has the intellectual property rights to access and modify the CommVault source code, which is required 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 the installation services provided are properly configured.

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 accordance with FAR 16.505(a)(4)(iii)(A), this justification will be posted with the request for quote on the NASA SEWP V GWAC website with the solicitation to notify all interested parties.

7. Actions to Increase Competition: 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 installation services available that will fulfill the Government’s need.

8. Market Research: Market research was conducted by VA technical experts in July 2018 which included internet searches and reviews of similar software products such as Veritas NetBackup, Veeam Backup & Replication, EMC Avamar/Networker and Data Domain. None of these solutions are compatible with the existing CommVault infrastructure within VA. Based on reviews of these products, the Government’s technical experts determined that none of these products can meet the Government’s interoperability and compatibility requirements to operate with the CommVault products within the existing VA data backup environment. Additionally, none of these other products can offer integration into the existing proprietary CommVault backup architecture. Finally, VA storage commodity Subject Matter Experts regularly review industry trade publications and conduct Internet research to ascertain if any other brand name software is available to meet the Government’s needs. Based on these market research efforts, the Government’s technical experts have determined that only CommVault brand name software, maintenance and installation services can meet all of VA’s needs.

In August 2018, the Contract Specialist conducted market research to ascertain the extent of limited competition among resellers. Using the Provider Look-up tool on the NASA SEWP V GWAC website, multiple Service Disabled Veteran-Owned Small Businesses were identified as resellers of the required CommVault licenses, maintenance and installation services. 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: ______________________

Enterprise Storage Engineer 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.

Date: ______________________

Procuring Contracting Officer Signature: ______________________

Approval In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of brand name CommVault software and licensing, to include associated maintenance and installation services, on a limited competition basis pursuant to the statutory authority cited in paragraph 4 above, subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Date: ____________ Signature: _________________________________

Advocate for Competition Technology Acquisition Center Office of Procurement, Acquisition and Logistics

JUSTIFICATION

Justification for An Exception to Fair Opportunity Coordination Matrix

Date Concur/Non-Concur Director, Procurement Services Division F Technology Acquisition Center Office of Procurement, Acquisition and Logistics Department of Veterans Affairs