70Z07918DPT208500_J&A_Redact.pdf

Justification for Other than Full and Open Competition Under 10 U.S.C. 2304 (c)(1)

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The United States Coast Guard (USCG), Command, Control, Communications, Computer and Information Technology Service Center (C4ITSC), proposes to enter into an Indefinite Delivery Indefinite Quantity (IDIQ) contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved.

The U.S. Coast Guard has a requirement for a sole source basis to HMS Technologies Inc. (incumbent) to continue Private Branch eXchange (PBX) uninterrupted continuity of telephone system lifecycle support the day-to-day operational and business functions that require voice communications while the follow on is in source selection. The U.S. Coast Guard owns and maintains a large number of standalone Private Branch eXchange (PBX) systems that support internal and external communications and provide connectivity to the Public Switched Telephone Network (PTSN) in support of daily operations.

Contract HSCG79-16-D-PT2065 was awarded to HMS Technologies Inc. as a sole source Indefinite Delivery/Indefinite Quantity (IDIQ) contract on 08/09/2016 to provide telephone system support while providing time to solicit and negotiate a follow-on five-year contract. The development of the solicitation was delayed several times and the contract was modified to ensure continued telephone system support. Thus, to ensure continued support until a new contract is in place, another sole source contract is needed.

A contract is required for continued lifecycle support and casualty repair (CASREP) with an ordering period for up to six months. This will allow the Coast Guard to complete the evaluation of the solicitation, award the follow-on contract, transfer licenses, and continue to provide support for any unforeseen circumstances relating to the solicitation.

The cost for this support is estimated to be $2,519,500.00 with an ordering period of six months from the date of award. The vendor that will support this effort is HMS Technologies Inc, One Discovery Place, Martinsburg, WV 25403. The IDIQ itself does not obligate funds, but allows the U.S. Coast Guard to issue task orders up to the maximum value of the contract if needed.

3. Description of Supplies/Services.

The C4ITSC Enterprise Information System Infrastructure Product Line (EISI-PL) requires support of all USCG telephone systems. This includes over 400 shore locations that include large and small military bases and over 200 cutters (ships) located throughout the Continental United States, Alaska, Hawaii, and the territories of the United States. These mission essential services cannot be stopped without negative impact to the Coast Guard’s daily operations. As required, independent orders will be issued and negotiated up to the maximum value of the IDIQ.

As the incumbent, HMS Technologies Inc. will continue to be responsible for continued support to provide telephony-related materials and services; provide support for Coast Guard ships that require PBX installation and support during their shipyard periods;

installing, recapping, and grooming phone systems and PA systems that are not functional and negatively impact operations; provide eOn PBX technical support services; provide annual renewal of required licenses of PASS, SA, SmartNet that will expire in March;

CS1000 PBX version 7.65 Upgrades on sites that will negatively impact operations if not completed; conduct Avaya IP Office Release 10 Upgrade – Phase II on 37 of the 200 sites to ensure Coast Guard maintains progression of the update; provide remote and on-site technical support; provide required IPOSS annual license; and provide casualty support for unplanned failures or mishaps.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

This acquisition is being conducted under the authority of 10.U.S.C. 2304(c)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 titled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements; specifically FAR 6.302-1(a)(2)(iii)(B).

5. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

In accordance with FAR 6.302-1(a)(2)(iii)(B), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements: for DoD, NASA and the USCG, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

HMS Technologies, through their teaming partners, hold maintenance contracts with Avaya for Coast Guard telephone systems. This includes Partner Assurance Support

Services (PASS) for CS1000 phone systems, System Support (SS) for CM-6 Phone Systems, and IP Office support Services (IPOSS). The maintenance contracts are vital to the continued operation and support of the U.S. Coast Guard’s telephone systems.

Unacceptable delays will occur if the Government has to solicit other vendors, evaluate their proposals, award a new contract, and update and shift the maintenance contracts from one vendor to another to ensure continuity of operations while the Government is in source selection for the follow on contract. This would create gaps, loss of telephone systems, and could lead to a breakdown in the communication system. The loss of these systems would create a severe and unacceptable consequence limiting the U.S. Coast Guard in performing many of its missions including but not limited to search and rescue, aids to navigation, coastal security, drug interdiction, and marine environment protection. The Government cannot run two source selections as the same time, especially when one is for a follow on contract and the other would be for continuity of operations for only six months while the follow on source selection is being completed. Thus, entering into a sole source with the incumbent is in the best interests of the U.S. Coast Guard to ensure continued daily operations.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

A competitive solicitation (HSCG79-17-R-PT2002) was released on FBO on 06/16/2017 as a Combined Synopsis/Solicitation using NAICS Cost 334210 and set aside as a Total Small Business. A survey of the market revealed that no other source would be able to continue support during source selection.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer will determine that the anticipated price(s) will be fair and reasonable based on pricelists and prior acquisition history. The Coast Guard currently has a contract with HMS Technologies, HSCG79-16-D-PT2065, and under that contract the contracting officer found the prices were fair and reasonable based on commercial pricelists and the prior acquisition history with HMS Technologies Inc. The majority of products purchased are Avaya products that will be purchased through the Avaya GSA contract #GS- 35F-0156V. Approximately 20% of the costs will be attributed to non-Avaya parts and services. All task orders issued under the IDIQ contract are Firm Fixed Price (FFP).

8. Description of Market Research.

Extensive market research was completed during the development of solicitation HSCG79- 17-R-PT2002, which indicated there are multiple small business that are capable of performing the requirements. The market research showed there were no vendors listed