C01 JA Redacted.pdf

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 1701 Directors Blvd Austin, TX 78744

2. Description of Action: The proposed action is for a firm-fixed-price delivery order to be issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Governmentwide Acquisition Contract (GWAC) for brand name Cisco Voice Systems (VS) hardware and installation services.

3. Description of the Supplies or Services: The VA Office of Information and Technology, Information Technology Operations and Services (ITOPS), Unified Communications Infrastructure Support has a requirement to refresh the existing SeimensVS in eight sites in Birmingham, Alabama; Columbia, South Carolina; Dublin, Georgia; and Montgomery, Alabama; Muskogee, Oklahoma; Oklahoma City, Oklahoma;

Augusta, Georgia; and Tuscaloosa, Alabama with Cisco Call Managers. In accordance with the VA Enterprise Unified Communications Plan VA OIT, ITOPS requires VA sites integrate into one seamless voice system infrastructure. VA requires hardware and installation to allow sharing of VS resources (i.e., one voicemail system), call transfer capability, as well as centralized VS management. The new VS must seamlessly interface via Simple Internet Protocol with VA’s existing Cisco Session Manager Edition (SME) at each of the eight sites in order to route local and long distance calling over the VA infrastructure backbone. The contractor is required to perform site surveys, install/place the required equipment, and perform acceptance testing at each of the eight sites. The period of performance shall be 12 months from the date of award with a total estimated price of $

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.”

5. Rationale Supporting Use of Authority Cited Above: Based on market research, as described in section 8 of this document, it was determined the limited competition is available among authorized resellers for the required brand name Cisco Voice over Internet Protocol (VoIP) hardware and installation. Because of VA’s shift to Cisco interfacing systems, specifically the Cisco SME, only Cisco or an authorized reseller can provide the necessary hardware and installation needed for the replacement of existing Seimens equipment in these eight sites to the required Cisco VoIP, Voice Mail, Automated Call Distribution system currently deployed throughout the VA voice network. No other source is capable of providing the required VoIP hardware and

Eight-Site Voice System Upgrade Control Number VA-20-00059233 installation that meets VA’s unique functional requirements. Specifically, these eight sites must be able to connect to and communicate with the Cisco SME, which were deployed regionally over the last few years, to be able to communicate with each other and more than 50 other sites already set up. Currently, sharing of VS resources, to include one voicemail system, ability to transfer calls and voicemails across sites is not possible. Because Cisco operates within its own proprietary constraints, no other brand name product or services can communicate with the regional Cisco SME and currently fielded devices as required by VA. Routers, switches, licenses and other identified equipment must be fully electronically, logically (software), and physically (hardware) compatible with Cisco. Acquisition of different brand name VS products would require replacing the currently fielded regional Cisco SME and various Cisco devices and software resulting in extensive delivery delays and duplicated costs that would not be recovered through competition. Specifically, the compatibility and interoperability issues would prove insurmountable from a technical and operational standpoint. In addition, VA will leverage existing Cisco licenses to support the new Cisco Unified Communications Manager VoIP VS, eliminating the need for reprocurement of these licenses. Using any other brand name VS would require replacing currently fielded Cisco licenses, as well as the costs previously mentioned, resulting in a duplicated cost of more than $47,677,200.00. This estimate is based off previous acquisitions of Cisco infrastructure, TIC gateways and licensing.

Additionally, as only Cisco or an authorized reseller has access to the proprietary database and structure specific to the expansion requirement to interconnect with the current infrastructure, i.e. Cisco SME, currently in place at VA only a Cisco or an authorized reseller can perform the installation services of Cisco brand name equipment.

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 technical representative determined that limited competition is available among authorized resellers. 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 System for Award Management Contract 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 market place that would enable future actions to be competed.

8. Market Research: VA technical experts conducted market research during January 2020, by reviewing similar hardware and software products to ascertain if other brands could meet VA’s functionality requirements. Specifically, the Government’s technical experts conducted web-based research on alternative manufacturers, such as;

however, the Government’s technical experts determined that neither provider can meet VA’s functional, interoperability, and compatability requirements as outlined in Section 5 of this document. Therefore, the Government’s technical experts determined that there is presently no other VS solution available in the marketplace that can meet VA’s requirement. In addition, VA networking subject matter experts regularly review industry trade publications and conduct internet research to ascertain if any other brand name hardware or software is available that is able to meet VA’s specific functional, interoperability, and compatability requirements. Therefore, based on these market research efforts, the Government’s technical experts have determined that only the Cisco brand name VS can meet all of the VA’s needs.

The Contract Specialist (CS) conducted market research in June 2020, by using the NASA SEWP V GWAC market research tools to determine what vendors are capable of meeting the requirement. Based on this market research, the CS found Service- Disabled Veteran-Owned Small Business contract holders under the NASA SEWP V GWAC capable of meeting the full requirement.

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.

Telecommunications Specialist 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 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.

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.

Procuring Contracting Officer Signature: __________________

13. Legal Sufficiency Certification: I have reviewed this justification and find it adequate to support an exception to fair opportunity and deem it legally sufficient.

Date: ____7/6/2020_______________

Legal Counsel Signature: _____________________________

Approval

In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of brand name Cisco VS hardware, 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.

Date: __7/6/2020__ Signature: _________________________________

Advocate for Competition Technology Acquisition Center

Office of Procurement, Acquisition, and Logistics