Avaya Justification and Approval_redacted.pdf

Control Number: VA-24-00011690

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisitions and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, New Jersey 07724

2. Description of Action: The proposed action is for a Firm-Fixed-Price Task Order to be issued under the Transformation Twenty-One Total Technology Next Generation (T4NG) Indefinite Delivery, Indefinite Quantity Contract for Avaya technical support, hardware maintenance, software, subscription licensing support, and installation services.

3. Description of the Supplies or Services: VA Office of Information and Technology, Unified Communications requires technical support, hardware maintenance, software, subscription licensing support, and installation services for all Avaya Voice Systems (VS) used at VA Medical Centers, Veteran Centers, Outpatient Clinics, Community-Based Outpatient Clinics, and support facilities. The VS includes Avaya telephony systems, associated/peripheral equipment, and services, including but not limited to, Voice-Over-IP, virtual machines, gateways, instruments, trunks, cable plant (copper/fiber) terminations and documentation, system alarms, and all interfaced ancillary systems (such as voicemail, auto attendants, integrated voice response, contact centers, and call accounting). Technical support, security, and maintenance services are required including emergency, routine, and preventative maintenance; moves, adds, and changes; file/system backups; firmware/software maintenance; inventory; recommendations for VS system improvements; and associated documentation. The period of performance shall consist of a 12-month base period, with 3 12-month option periods, and 8 optional tasks to be exercised at the Government’s discretion. These eight Optional Tasks are for on-site technicians;

remote technicians; 24X7 remote support for Avaya contact centers;

analyst/administrators’ training; VS system software upgrade including installation services for Veterans Integrated Services Network (VISN) 2; VS system software upgrade including installation services for VISN 5; VS system software upgrade including installation services for Enterprise Contact Center (ECC) -Veterans Health Administration; and VS system software upgrade including installation services communications manager to version 10.x for Veterans Crisis Line/VISN 2. The total estimated value of the proposed action, inclusive of all option periods and optional tasks, is

4. Statutory Authority: Pursuant to Federal Acquisition Regulation (FAR) 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 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.”

Avaya National Consolidated Private Branch Exchange (PBX) Maintenance Control Number: VA-24-00011690

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 resellers for the required Avaya technical support, hardware maintenance, software, subscription licensing support, and installation services. No other brand name can meet VA’s requirements for interoperability and compatibility with VA’s existing Avaya telephony national infrastructure. Since VA currently utilizes Avaya phone systems at VISN 2, VISN 5, and Community Care ECC locations, any other brand name technical support or maintenance agreement would not provide the necessary support coverage for the existing proprietary Avaya telephony infrastructure. Additionally, software provided by another Original Equipment Manufacturer (OEM) will not integrate with the existing telephony system, which is based on Avaya brand name software. Avaya is the only provider who can continue to build upon VA’s existing telephony infrastructure and provide OEM maintenance support. Specifically, the current Avaya system and hardware communicates through a source code that is based on Avaya’s proprietary data. Without this source code, a non-Avaya maintenance provider would not have access to proprietary Avaya hardware maintenance updates, upgrades, or technical support required to ensure the Avaya hardware is properly configured and operational. As repair parts are needed under the maintenance coverage, no other brand name item can meet VA’s form, fit, and function requirements. Specifically, the hardware replacement parts are all proprietary to each vendor and not interchangeable with different brands. Any use of other OEM parts would void the remaining vendor’s maintenance agreement.

Due to proprietary constraints, under Avaya’s maintenance and installation services, the use of any other OEM hardware or software would require a complete replacement of the Avaya telephony infrastructure already in place. Based on previous acquisition history, VA technical experts estimate that to replace the existing Avaya infrastructure within the VISN 2, VISN 5, and Community Care ECC locations, accounting for all equipment, which consists of hundreds of servers, tens of thousands of phones, hundreds of gateways, as well as licenses and services currently provided by the Avaya system, it would cost approximately . It is also estimated that this process would span approximately three years, starting from planning and design phases to the full implementation of the new solution.

These estimated duplicative costs would not be recovered through competition. The maintenance agreement under this action would sustain the Avaya systems at several call centers which provide critical Veteran services such as the Suicide Prevention Hotline, Veterans Women’s Health, Million Veterans Program, Veterans Coaching into Care, Veterans Caregivers Support Member Services, and National Contact Center for Homeless Veterans. If the call centers failed to function, up to 50,000 Veterans per day would lose access to these necessary and critical services.

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. However, the undersigned VA

Therefore, based on the results of the market research, there is reasonable expectation that limited competition exists among verified SDVOSBs under T4NG.

9. Other Facts: None.

Technical/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.

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 upon anticipated competition among T4NG Prime Contract holders for the requirements described herein. Finally, price analysis shall be conducted by comparing the successful proposal to the Independent Government Cost Estimate.

Contracting Officer Certification/Approval

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Office of General Counsel Review

I have reviewed this document and find it legally sufficient, based on the representations set forth in the documents and, if any, attachments. The Head of the Contracting Activity’s approval is an independently supported decision not wholly reliant on the legal sufficiency determination.

Approval

In my role as Head of the Contracting Activity, based on the foregoing justification, I hereby approve the acquisition of Avaya technical support, hardware maintenance, software, subscription licensing support, and installation services on an other than fair opportunity basis pursuant to the authority cited in Section 4 above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition.