36C10B20Q0245_JA_Post award.pdf

Control Number VA-20-00028653

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 issued under the under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Government Wide Acquisition Contract (GWAC) for brand name Gemalto Maintenance and Support..

3. Description of the Supplies or Services: The Department of Veterans Affairs (VA), Office of Information and Technology, requires the renewal of brand name maintenance, enhancement, and support (MES) for existing Gemalto brand, AT9000 Full Range Reader/Scanner hardware and dependent software licensing and maintenance for Assurtec “AssureID” and “RevealID” software products that are utilized for the Homeland Security Presidential Directive (HSPD) -12, Personal Identity Verification (PIV) program. The aforementioned combination of the hardware and software support is specific to the PIV scanning solution which has been previously delivered, deployed and is in use nationally within VA. These Gemalto scanners are currently in use as an enterprise, standard based, multi-location, identity Document Verification solution to help meet the HSPD-12 requirements. The Gemalto brand hardware MES features to be acquired include troubleshooting of product-related problems; customer support via e-mail, web, or phone; hardware warranty coverage; 24-hours advance replacement of defective parts; firmware and software maintenance and updates. The period of performance shall be a base period of six months from from date of award with two 12-month option periods, if exercised. The total estimated value of this proposed effort is $528,223.04, inclusive of option periods.

4. Statutory Authority: Pursuant to Federal Acquisition Regulation (FAR) Subpart 16.505(a)(4), the following brand name requirement is being justified and approved as an exception to fair opportunity under the statutory authority of Section 41 U.S.C.

4106(c)(2) as implemented by 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”.

PIV ID Scanner Tool HWM Control Number VA-20-00028653

5. Rationale Supporting Use of Authority Cited Above: This is a brand name justification in support of FAR 11.105, Items Peculiar to One Manufacturer. Based on market research, as described in paragraph 8 of this document, it was determined that limited competition is available among the reseller of Gemalto hardware MES and AssureTec software. Utilizing any other brand name hardware MES does not afford the unique support mechanism, such as vendor patches, firmware, driver and software upgrades and updated vendor technical data/support, necessary for the functioning of this PIV scanner integrated solution within VA’s infrastructure. Furthermore, the Government does not possess the proprietary technical data for the Gemalto scanners and associated software. Without this technical data, no other source has the ability to provide aforementioned hardware MES services other than Gemalto or its authorized resellers. This proprietary technical data needed to ensure that Gemalto’s hardware MES provided meets VA’s needs of ensuring the devices and associated software remain operational. Should warranty and maintenance support not be provided for this hardware and software then VA would be required to acquire a new hardware/software PIV scanning solution.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section eight (8) of this document. 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. This effort did not yield any additional sources that can meet the Government’s requirements. Additionally, in accordance with FAR 5.301 and 8.405-6(a)(2), the resulting notice of award will be synopsized and this justification will be made publicly available on the beta System for Award Management (SAM) website within 14 days after 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: Government technical experts conducted market research in December 2019 to determine if the current Gemalto maintenance and support being utilized by VA can be provided by other products and service providers. VA technical representatives researched and reviewed industry trade publications, catalogs, utilized the General Service Administration (GSA) Federal Supply Schedule (FSS) Number 70 and National Aeronautics and Space Administration (NASA) Solutions for Enterprise- Wide Procurement (SEWP) V Governmentwide Acquisition Contract (GWAC) Look-Up tool, and conducted internet researches. The Government’s technical experts confirmed through this market research that due to the proprietary nature of the technical data, there are no other service providers that can provide the maintenance and technical support without the proprietary source code. Gemalto or its resellers are the only sources that can provide maintenance and support of the Gemalto proprietary hardware MES and software products. Additional market research was conducted in February 2020 in order to determine if there is a reasonable expectation of obtaining quotes from two or more responsible Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. The Market Research Tool under the NASA SEWP V GWAC website was utilized to determine the number of SDVOSB Gemalto Maintenance

PIV ID Scanner Tool HWM Control Number VA-20-00028653 support resellers under the Gemalto brand name. The results show that there are 18 Vendor Information Pages (VIP) verified prospective SDVOSB GWAC holders that are Gemalto reseller that meet the requirements of the acquisition. Based upon the analysis, there is an expectation of robust competition. These requirements have been found to be within scope of the NASA SEWP V GWAC in a separate determination. In an effort to promote award opportunity for SDVOSB concerns, the subject solicitation will be issued for consideration of quotes only from VIP verified GWAC holders within group B(2) under the Value Added Resellers North American Industry classification code 54519.

9. Other Facts: None

PIV ID Scanner Tool HWM Control Number VA-20-00028653

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.

Name Dhaval Shah Date:______________________

Title 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 and discounts among NASA SEWP V GWAC holders.

Additionally, NASA SEWP determines that all catalog prices on its GWAC’s are fair and reasonable. Additional price analysis may be performed in accordance with FAR 15.404-1(b)..

Name Debra G. Clayton 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 exceeds the simplified acquisition threshold, but does not exceed $700,000, the certification below required by FAR 16.505(b)(2)(ii)(C)(1) serves as approval.

Name Date: ________________________________

Procuring Contracting Officer Signature: ____________________________