Cisco JA.pdf

End to End System Support for Voice Services Cisco Unified Capabilities Hardware and Software, DISA Infrastructure, and Customer Enclave Support

Services Directorate (SE) / Voice Applications (SE33)

JUSTIFICATION & APPROVAL (J&A) FOR FEDERAL ACQUISITION

REGULATION (FAR) SUBPART 16.5 ACQUISITIONS

EXCEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule/Multiple Award Contract (MAC)

Orders under MAC/ Fair Opportunity – FAR 16.505, Department of Defense FAR Supplement (DFARS) 216.505-70, Procedures, Guidance and Information (PGI) 216.505-70

Purchase Request Number: To be determined Contract Number: NNG15SC71B Task/Delivery Order Number: HC1047-18-F-0026 Procurement Title: End to End System Support for Voice Services Cisco Unified Capabilities Hardware and Software, DISA Infrastructure, and Customer Enclave Support Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 2304c(b) and FAR 16.505(b)(2)(i)(C)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: N/A

Upon the basis of the following justification, I, as the Contracting Officer, hereby approve this exception to fair opportunity pursuant to the Statutory Authority of 10 U.S.C. 2304c(b) and Regulatory Authority of FAR 16.505(b)(2)(i)(C)

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency: Defense Information System Agency (DISA) Services Directorate (SE) / Voice Applications (SE33) 6914 Cooper Ave.

Ft. Meade, Maryland 20755

Contracting Activity:

Defense Information System Agency (DISA) Defense Information Technology Contracting Organization (DITCO) / Service and Services Development Contracting Branch (PL62) 6914 Cooper Ave Fort Meade, MD 20755

2. NATURE/DESCRIPTION OF ACTION(S):

Enterprise Voice over IP (EVoIP) and Enterprise Classified Voice over IP (ECVoIP) has been in service for over six years. Over the past year, the Voice Services Program has been focused on stabilizing the service and enhancing the features. The Enterprise Voice Service on-boarded over

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60,000 users in the past two years and anticipates the onboarding over 80,000 users in the next six months to a year. The program’s highly specialized architecture requires dedicated Cisco name brand support to ensure a fully reliable service to the Department of Defense (DoD) mission partners.

When the program originated in 2014, only Avaya and Cisco were on the approved products list for deployment in a DoD environment. In order to meet all mission partner needs, DISA purchased and deployed both technologies. These systems were deployed over the past several years and Cisco Subject Matter Expert (SME) support is required to optimize the Cisco system's reliability and system availability, as is done with the Avaya technology. The deployed Cisco infrastructure cost approximately per site to purchase and deploy. To date, there have been fourteen (14) sites deployed and each site is fully operational. Each site requires hands- on Cisco SME support available during all phases of deployment. These deployments include the highly visible Defense Logistics Agency (DLA) Phase 2 Cisco sites, which were completed in FY18. The estimated life cycle cost, which includes the implemented Phase 1 and 2 and the projected follow-on of DLA Phase 3 and 4 sites for the entire unclassified voice system is approximately $300 million.

The current contract HC1047-18-F-0026 for Cisco SME support expires on 27 March 2020.

DISA currently requires technical support to maintain Cisco application programs, which are beyond in-house support capabilities. Due to unforeseeable delays in the acquisition process which are described in section #3 below, the Government needs to extend the current contract by two (2) months. The Period of performance (PoP) will be 28 March 2020 to 27 May 2020.

3. DESCRIPTION OF SUPPLIES/SERVICES: Continuity of service is required for the support to the Voice Services Program Management Office (PMO). DoD’s Voice Services initiatives have delivered unified capabilities to warfighters across the globe, including voice, video, instant messaging, chat, unified messaging, presence, and conferencing. In addition to enhancing Voice Services features, this has made it easier for customers to purchase end user devices, user licenses, and network equipment faster.

The SE33 PMO is specifically tasked to provide Cisco SME services and support for EVoIP and ECVoIP. This effort requires Cisco SME support to architect, engineer, optimize, test, and configure reliable hardware and software solutions for the Defense Information Systems Network (DISN) platforms for the EVoIP and ECVoIP programs. The following components provide architecture, engineering, optimization, testing, and configuration support of the following brand name products to DISA: Cisco Enterprise Session Controller, Cisco Unity Call Manger, Cisco Prime, Cisco Provisioning, Cisco Assurance, Cisco Jabber, Cisco Session Boarder Controllers, Cisco Switches, and Cisco Routers to provide voice services over internet protocol to the Department of Defense (DoD).

As stated above, the current contract HC1047- 18-F-0026 expires on 27 March 2020. The PMO and DITCO have been working together to ensure a new contract would be in place prior to 27 March 2020. The new effort was solicited as a Small Business (SB) set aside on the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) contracting vehicle, Groups B, C, and D on 24 January 2020. The request for proposal (RFP) was posted for 30 days and the submission deadline was 24 February 2020. The

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Government as a result of the RFP. The non-compliant as several administrative requirements were not complete and the proposal did not satisfy subfactor 1 of the Technical/Management Approach. The Contracting Officer and Contract Specialist conducted additional market research focused on the original equipment manufacturer (OEM). This market research discovered that “the Cisco Network Optimization Services requested can only be delivered/performed by Cisco. This subscription based offering includes direct Cisco OEM engineering support, design support, access to Cisco business unit and certification expertise and on-going access to Cisco intellectual property”. The new information provided by the OEM means that the limitation on subcontracts clause, FAR 52.219-14 Limitations on Subcontracting which is only applicable to SB set-asides cannot be met. For the above reasons, this requirement must be resolicited as full and open.

The extension of the required services via a contract modification will allow for continued support of this vital program during the period of time that is needed to resolicit the requirement as Full and Open via NASA SEWP and to conduct source selection, while retaining the ability to provide a consistent level of effort for SE33, DISA, and its stakeholders.

The estimated cost of support for this contract action is which includes all services from the existing contract HC1047-18-F-0026 for one, 2-month extension from March 28, 2020 to May 27, 2020.

4. SUPPORTING RATIONALE, INCLUDING A DEMONSTRATION THAT THE

PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE

ACQUISITION REQUIRES USE OF AN EXCEPTION TO FAIR OPPORTUNITY:

(a) Exception to Fair Opportunity. The exception to fair opportunity is accomplished IAW

FAR 16.505(b)(2)(i)(C). The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(b) Description of the Justification. This action requires the use of the authority cited in order to avoid a lapse in service while we complete the acquisition process for the new effort.

See Section 3 above for detailed information regarding the timeline of the original RFP.

The Government needs to extend the current contract, HC1047-18-F-0026, to ensure continuity of services. The current contractor, FCN, Inc. has the unique Cisco qualifications needed to upkeep and perform maintenance on Cisco equipment in a timely manner. The relationship between the initial order and the follow-on is logical in terms of scope, period of performance, and value. This contract action is to continue the exact same work (scope) for an additional 2 month period.The increase associated with this contract modification is of the original awarded contract.

dditionally, the subject order was originally solicited under the NASA SEWP GWAC, so all SEWP contract holders at the time were given a fair opportunity for competition on this order.

(c) Justification.

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(1) Minimum Government Requirements. SE 33 PMO and its stakeholders all depend on daily services currently rendered by the incumbent contractor such as systems builds, testing and security engineering activities for all Cisco SME services and support for the EVoIP and ECVoIP. Cisco SME services include Cisco Enterprise Session Controller, Cisco Unity call Manager, Cisco Prime, Cisco Provisioning, Cisco Assurance, Cisco Jabber, Cisco Session Boarder Controllers, Cisco Switches, and Cisco Routers to provide voice services over internet protocol to the Department of Defense (DoD) and providing unified capabilities to warfighters across the globe.

(2) Proposed sole source contractor, FCN, Inc., is the only source that can fulfill this requirement without risk of a break in service or decrement in the quality of the communication services needed to the Warfighters. Since a new competitive acquisition has commenced and is expected to be awarded by 28 May 2020, it would not be logical or efficient for the Agency to compete a short-term bridge order/contract. This logical follow-on is in the best interest of the Government and in the interest of economy and efficiency, as it makes more sense to continue with the current contractor until the next competitive award is made. Currently, FCN, Inc. is providing the operations services for the Cisco component in the network and is the only contractor capable of efficiently fulfilling these requirements in the necessary timeframe without risk of a break in service.

On-boarding another contractor for such a short duration before the requirement comes to an end is not economical, as it would significantly increase the risk to the Government, due to the added transition time and procurement costs required. The current contractor is the only firm that will not incur unacceptable delays and unnecessary costs, which would negatively impact mission accomplishment. The current competitive order was issued in March 2018 for a period of performance of one year, and two 6-month option periods. To date this exception has not been used.

(3) Discussion regarding cause of the sole source situation. A modification to extend the current contract is necessary due to the results of the SB set aside solicitation, which are described in Section 3 above.

after the close of the follow-on solicitation and the receipt of that was determined technically unacceptable. This does not leave us with enough time to repost the requirement as Full and Open (per the updated market research for the follow on effort.) and conduct source selection by March 27, 2020. As the Government cannot have a break in service of this critical support, the need to extend the current contract arose.

(4) Demonstration of unique source. FCN, Inc. is the only source capable of providing the required support in a timely manner. FCN, Inc. is already providing the services on the current contract, and the 2-month extension will enable the Government to prevent long delays in operational support. A break in service or degradation of support is unacceptable. There is no other personnel on staff in DISA that can fill the gap if there is a lapse in service. If there was an operational outage during the time of the lapse of contract support, there will be an extreme delay in restoration of services and a major impact to warfighter operations.

(5) Impact. As stated above, the Government cannot have a break in service of this critical support. The knowledge and skill set of the Cisco architecture as well as the

Page 5 of 7 Pages ability to modify Cisco environments are skills currently unavailable to DISA personnel.

Contractor staff that are Cisco REs/SMEs exclusively provide this support through the services provided by this order. Failure to properly engineer, optimize, test, and configure these products will result in system outages. Only Cisco or authorized resellers, are able to provide solutions for the stated issues. Failure to meet the service level agreement with voice customers may result in loss of secure phone services which would negatively impact the Warfighter in the theaters of operation. This failure would hamper mission efforts when mission partners are unable to make reliable calls in the performance of mission objectives.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: The Contracting Officer shall determine fair and reasonable pricing utilizing one or more of the methods identified in FAR 15.404. This will include comparing proposed prices for the contract extension to the current contract prices and to the Independent Government Cost Estimate in order to determine fair and reasonableness.

6. MARKET RESEARCH: The original market research indicated the SB’s were capable of performing this effort. As a result, the RFP was posted to NASA SEWP as a SB set aside.

However, during the RFP process the Contracting Officer and Contract Specialist conducted additional market research focused on the original equipment manufacturer (OEM). This market research discovered that “the Cisco Network Optimization Services requested can only be delivered/performed by Cisco. This subscription based offering includes direct Cisco OEM engineering support, design support, access to Cisco business unit and certification expertise and on-going access to Cisco intellectual property”. The new information provided by the OEM means that the limitation on subcontracts clause, FAR 52.219-14- Limitations on Subcontracting which is only applicable to SB set-asides cannot be met

For these reasons, the Contracting Officer has determined that this effort shall be competed as full and open via NASA SEWP.

7. ANY OTHER SUPPORTING FACTS: N/A

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History.

(1) The current contract was competed under NASA SEWP, Group C.

Contract Number: NNG15SC71B /HC1047-18-F-0026.

Incumbent and Size: FCN, Inc.; Woman-owned Small Business Contract Type: Firm Fixed Price (FFP) Value:

Period of Performance: Base Year- March 28, 2018- March 27, 2019

Option Period 1- March 28, 2019- September 27, 2019 Option Period 2- September 28, 2019- March 27, 2020

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(b) The renewal effort for these services is being re-competed full and open via NASA SEWP, thus removing the barriers to competition. The two month extension is necessary to prevent a break in service during this transition period.

(c) The renewal effort requires a Brand Name J&A as only Cisco or Cisco resellers have the ability to provide updates to source code to Cisco systems and root kernels. Additionally, the previous two requirements for this service have required brand name justification as well. The requirements for the DOD Information Network (DODIN) will be continually monitored, updated, and re-assessed as the Government moves forward. When the current equipment and/or software products become obsolete or inadequate, enterprise-wide efforts will be made for consideration of other manufacturers. The current brand name requirement will continue to be required until the Cisco hardware/software is replaced or until Cisco releases proprietary rights and the ability to provide updates to source code and root kernels by other parties.

9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): N/A. IAW

DARS 7.103 (S-90)(1).

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE:

TITLE/ORGANIZATION:

PHONE: DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

PHONE: DATE:

CONTRACTING OFFICER CERTIFICATION APPROVAL: I certify that this justification is accurate and complete to the best of my knowledge and belief.

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Kathleen Aguila, Contract Specialist, 301-225-4062, kathleen.m.aguila.civ@mail.mil.