C01 Brand Name Justification VLTrader Failover Support v2 FINALRedacted.pdf

VL Trader Failover Support Control Number XX-XXX

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) under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) IV Government-Wide Acquisition Contract (GWAC) for the renewal of Cleo Communications VL Trader Failover software GOLD Support coverage for currently licensed software.

3. Description of the Supplies or Services: The Department of Veteran’s Affairs (VA) Financial Services Center (FSC) has a requirement to procure Cleo Communications VL Trader Failover software GOLD Support coverage for the software that is currently licensed at the VA FSC. VLTrader failover monitors databases and helps to manage the receiver node in the case of a failure in the primary receiver node, allowing the processes to continue to run and will update automatically until the primary system comes back online. This management of internal and external communications creates a seamless workflow with greater reliability. The maintenance support services include access to a team of Support Engineers. The support coverage provides VA with access to software patches, updates, hotfixes, product enhancements and new releases. The period of performance for this requirement is a 12-month base period including three 12-month option periods.

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”.

5. Rationale Supporting Use of Authority Cited Above: Based on the market research detailed below, the Government has determined that limited competition among resellers is available for the aforementioned brand name requirement. This acquisition is for Cleo Communications brand name maintenance support. No other sources other than Cleo Communications, through its resellers, has access to the the proprietary technical data and source code required to maintain and upgrade the VL Trader Failover software that have been in use at the FSC for several years. Specifically, the current system and software communicates through a source code that is based on VL Trader proprietary data to continually receive access to software patches, updates, hotfixes, product enhancements and new releases. Failure to acquire the maintenance support for this software would leave VA without the necessary certified support needed if/when system problems occur. The VA would be adversely affected by loosing its ability to process medical claims, process payments and inhibit the ability to order supplies for VA Medical Centers. Therefore, based on the proprietary nature of Cleo Communications source code, only brand name Cleo Communications software GOLD Support coverage will meet all of VA’s requirements.

6. Efforts to Obtain Competition: Market research was conducted, 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 technicial representative determined that limited competition is available among VL Trader resellers for the required maintenance support services. In accordance with FAR 16.505(a)(4)(iii)(A)(1), this justification will be provided with the solicitation to all appropriate NASA SEWP V GWAC holders. Furthermore, in accordance with FAR 5.301, 16.505(b)(2)(ii)(D), and 16.505(a)(4)(iii), the award notice for this action 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 marketplace that would enable future actions to be competed.

8. Market Research: Market research was conducted in December 2020 to ascertain if other products could satisfy VA’s requirements. Specifically, VA subject matter experts looked at Serv-U and Ipswitch brands and determined that neither product could seamlessly integrate into the existing VA network since they do not possess the proprietary source code required to maintain existing VL Trader Failover software.

Therfeore, Subject matter experts concluded that none of these products can provide the software updates, fixes, security alerts and patches for the currently deployed brand name Cleo Communications VL Trader Failover software already in place within VA without access to the proprietary source code for the VL Trader Failover software.

Unauthorized software providers do not have access to use the proprietary source code of the Cleo Communications software and are not able to provide troubleshooting, updates, fixes, patches, and upgrades.

Based on all of these market research efforts, the Government’s technical experts have determined that only the aforementioned Cleo Communications brand name software support can meet all of the VA’s requirements. In addition, the project team conducted market research in December 2020 by using the NASA SEWP V GWAC Provider Lookup Tool to determine what vendors are capable of meeting the requirement. Based on this market research, the SME found multiple service-disabled Veteran-owned small businesses (SDVOSB) capable of meeting the full requirement. Additionally, the NASA SEWP V GWAC has a dynamic catalog where line items can be added based on customer requests, therefore, as long as the required item or service is within scope of the NASA SEWP V GWACs, items and services can be added to a NASA SEWP V GWAC holder’s catalog on a daily basis.

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.

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 multiple resellers of the required brand name Cleo Communications VL Trader Failover software GOLD Support coverage described herein. Additionally, further price analysis of quotes received will be conducted to determine fair and reasonable price. Finally, pricing of products awarded under NASA SEWP V GWAC have already been determined to be fair and reasonable.

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 does not exceed $750,000, the certification below required by FAR 16.505(b)(2)(ii)(C)(1) serves as approval.