C01 Justification Redacted.pdf

Control Number VA-20-0003166

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., Suite 600 Austin, TX 78744

2. Description of Action: This proposed action is for 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 NEC softphone software licenses.

3. Description of the Supplies or Services: VA Office of Information and Technology Service Delivery and Engineering (SDE) Field Operations, has a requirement for additional NEC softphone software licensing. The NEC softphone software licenses allows VA to use NEC softphones on VA computers currently in use at VA Medical Centers (VAMC) across the nation. The NEC software for the softphones is implemented through existing NEC telecommunication systems deployed at VAMCs.

Due to the COVID-19 pandemic, there has been an expansion of telework operations within VA, necessitating additional softphone licenses be available for staff teleworking using various computers to log into the network. Specifically, SDE requires 4,000 SV95 licenses and 4,000 SV8500 softphone software licenses that will integrate with the currently deployed NEC telecommunications systems and infrastructure to support the increased telework operations due to COVID-19. No additional hardware or maintenance will be procured as a result of this action. The delivery period is 30 days after receipt of the order. The total estimated price of the proposed action is

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), titled “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 described in section 8 of this document, it was determined that limited competition is available among authorized resellers for this brand name requirement. The current SDE Field Operations working environment is comprised of NEC voice hardware and NEC is the only manufacturer that creates components that are compatible with the existing VA-owned equipment. The softphone software licenses support the existing NEC telecommunications systems and the softphone software licenses must be interoperable with the currently deployed NEC telecommunication systems and infrastructure. No manufacturer other than NEC and its authorized resellers can provide the required NEC softphone software licenses. Specifically, the current telecommunications systems communicate through a source code that is based on NEC

NEC Softphone licenses Control Number VA-20-0003166 proprietary data. No other software can provide seamless and full communication capability without access to NEC’s proprietary source code. In conclusion, failure to procure brand name NEC softphone software licenses will result in SDE not being able to provide its VA employees softphone access for use at the office or alternative work locations to allow for continued support during the COVID-19 pandemic.

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 for brand name NEC softphone software licenses. 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 Group B (2) GWAC holders. Furthermore, in accordance with FAR 5.301, FAR 16.505(b)(2)(ii)(D), and FAR 16.505(a)(4)(iii), the award notice for this action will be synopsized on the Contracting 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: The Government technical experts conducted market research from April to June 2020 to determine if there are viable sources other than NEC who could provide the necessary softphone licenses. Through technical knowledge and internet research, the technical team analyzed NEC competitors such as Avaya Incorporated, Cisco Systems, and Siemens AG. Although these sources offer similar telecommunication products, none of these products are able to integrate with the currently fielded NEC telecommunications systems and infrastructure. Additional market research was conducted in April 2020 through the issuance of a Request for Information (RFI) on NASA SEWP V to identify capable vendors. Eight responses were received, and of the eight, four respondents were Service-Disabled Veteran Owned Small Businesses (SDVOSB). It was determined that two of the four SDVOSBs were authorized resellers and capable of providing the required brand name NEC softphone software licenses. The contract specialist conducted market research in June 2020 by using the NASA SEWP V GWAC Provider Lookup and Market Research tools which confirmed that there are over 60 federal partners for NEC on the NASA SEWP V GWAC, including 21 SDVOSBs. Five of the SDVOSB federal partners are NEC authorized resellers. Based on the analysis of the RFI response, along with the NASA SEWP V GWAC Provider Look-up Tool results, there is a reasonable expectation that limited competition exists on the NASA SEWP V GWAC for the required NEC softphone software licenses.

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.

Date: 6/24/2020

Senior IT Analyst 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 and price analysis.

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: __________________

Approval

In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of brand name NEC softphone licenses 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 services herein described have otherwise been authorized for acquisition.

Date: 6/29/20 Signature: _____________________________________

Advocate for Competition Technology Acquisition Center Office of Procurement, Acquisition, and Logistics