FINAL_Cisco 4E EA JA22-036_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, and FAR Part 15

Purchase Request Number: To be determined (TBD)

Contract Number: TBD

Procurement Title: Fourth Estate Cisco Software (SW) Enterprise Agreement (EA)

Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. §2304(c)(1) and FAR 6.302-1

JUSTIFICATION FOR OTFAOC

Number: JA22-036

Upon the basis of the following justification, I, as the Senior Procurement Executive, hereby approve the use of other than full and open competition of the proposed contractual action, pursuant to the statutory authority of 10 U.S.C.§2304(c)(1) and regulatory authority of FAR

6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

(a) Requiring Agency:

Defense Information Systems Agency (DISA)/Digital Capabilities and Security

Center (DCSC)/BDL

6910 Cooper Avenue

Fort Meade, MD 20755

(b) Contracting Office:

DISA/Defense Information Technology Contracting Organization (DITCO)/PL8413

2300 East Drive, Building 3600

Scott Air Force Base, IL 62225

2. NATURE/DESCRIPTION OF ACTION(S):

(a) The nature of this action is to procure brand name commercial off-the-shelf (COTS)

Cisco products and support comprised of subscription software licenses, SmartNet

Total Care (SNTC) for Cisco-branded inventory, software support services (SWSS) for current perpetual licenses, and advanced engineering services in support of the Fourth

Estate agencies hereinafter referred to as 4E Agencies. This effort will maximize each

4E Agency’s investment in the use of existing hardware while supporting the smooth transition of ongoing software maintenance for upgrades and patches to software subscriptions and engineering support for the 4E infrastructures already in-place at installations worldwide. This procurement will be awarded as a firm-fixed-price (FFP) single award, indefinite delivery/indefinite quantity (IDIQ) contract to Cisco Systems, Inc., (Cisco) or one of its certified gold partners, using open market procedures.

4E Cisco SW EA – JA22-036

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(b) This enterprise agreement will consist of three areas of requirements. The first area of support is the Global Enterprise Modernization Software & Support (GEMSS) package which includes SNTC, SWSS, Cisco software subscription products such as Digital

Network Architecture (DNA), Advantage for Route, Switch, and Wireless, Service

Provider Network Architecture (SPNA), access to the Cisco Government system engineering lab, and limited engineering services. The second area of support is subscription-based licenses that support an email defense capability, voice services, security, identity services, and data centers in support of the capability of modernizing the infrastructure from the data center to the edge, simplifying development operations enablement, traditional cloud native applications, and optimizing operations across distributed environments. The third area of support is Cisco advanced engineering services outside of the GEMSS package, which consists of Cisco Original Equipment

Manufacturer (OEM) Networking Consulting Engineers (NCE) to deliver design, implementation, and support across a breadth of Cisco technologies critical to the 4E environments. The 4E Agencies have come together to leverage their user base and achieve better buying power, in accordance with the initiative set forth by the Under

Secretary of Defense for Acquisition and Sustainment.

(c) The estimated period of performance (PoP) consists of a one-year base period with four, one-year option periods from June 21, 2022 through June 20, 2027. The total estimated lifecycle value of this requirement is as detailed in the table below. The minimum guarantee for the IDIQ contract is $2,500 and will be satisfied by the issuance of the first delivery order. All funding will be obligated by the issuance of delivery orders. The applicable North American Industry Classification System code is 541519, Other Computer Related Services with a standard size of $30M.

Product BY OY1 OY2 OY3 OY4 TOTAL

GEMSS

SW Subscriptions

Advanced Services

Subtotals

3. DESCRIPTION OF SUPPLIES/SERVICES:

(a) The objective of this acquisition is to provide a consolidated 4E enterprise agreement that promotes contracting efficiencies providing streamlined processes to achieve continuous (24 hours a day, seven days a week, and 365 days a year) Cisco SNTC for

4E’s hardware assets, SWSS, software subscriptions, and engineering support services.

In addition to providing maintenance, software, and engineering support, the contractor must provide an asset management and tracking tool for all participating 4E enrollees.

The asset management tool will be used to record, track, and monitor products covered under this enterprise agreement. This 4E Cisco SW EA will optimize the administration, performance, and security of DoD by improving asset visibility and include maintenance for Cisco brand name hardware requirements. This COTS software and sustainment subscription must provide the same functionalities as current

4E agency network infrastructures.

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(b) The required enterprise solution must integrate with existing 4E hardware and software infrastructures to provide necessary patches, updates, and fixes to prevent security vulnerabilities, hardware maintenance support, hardware replacement, and engineering support to effectively design, deliver, and implement Cisco products for users across the 4E Agencies. The scope of this requirement shall cover the entire DoD 4E

Agencies which have a known baseline of Cisco assets valued at $1.95 billion. The coverage of this requirement applies to agencies located in the Continental United

States (CONUS) and Outside the Continental United States (OCONUS) sites and will include the following:

(1) The capability to meet cybersecurity requirements which mandate that each device operating on the 4E networks have the latest software updates to defend against potential security threats.

(2) Provide hardware break/fix and technical assistance (24 hours a day, seven days a week, and 365 days a year) with Cisco certified hardware/software network experts. These experts will provide technical support for routers, switches, wireless devices, voice and video products, email security, and data center core software. Technical support shall include unlimited and direct internet, online, email, chat, and telephone support to assist with resolving major/minor technical issues and troubleshoot equipment issues.

(3) Access to Cisco’s website which provides 24-hour access to the online product and technology information, interactive network management, and troubleshooting tools.

(4) Access to technical assistance that provides telephonic engineering support which allows 4E customers to receive troubleshooting 24 hours a day, seven days per week, and 365 days per year, with certified Cisco network experts in voice, video, and data communications networking technology.

(5) The capability to download Internetwork Operating System (IOS) software which provides major and minor updates for licensed IOS feature sets. This allows the 4E Agencies to extend the useful life of its hardware investment by increasing current functionality and ensuring compliance with network security policies and regulations. These updates are proprietary in nature and will extend the equipment life cycle by remediating security vulnerabilities or expanding product capabilities through IOS upgrades.

(6) The capability to have access to email defense, voice services, comply to connect, advanced routing and switching, secure networking-based transmission capabilities across the network, the capability to modernize infrastructure from the data center to the edge, simplify development operations enablement, power traditional, cloud native applications, and optimize

Page 4 of 17 Pages operations across distributed environments. These capabilities will specifically address the following requirements:

• Ability to add compute-only nodes (no storage required) without additional licensing.

• Must be a certified Intel system for SAP Inc. High-Performance Analytic

Appliance (HANA).

• Deployable and manageable through Intersight.

• Support the Intersight Workload Engine and Intersight Kubernetes

Service.

• Deploy, manage, and operate Cisco Unified Computing System (UCS), Cisco Hyperflex, and Cisco Network Insights with NetApp, Inc, Pure, and

Hitachi storage management from a single management platform.

• Provide a single dashboard to monitor Cisco UCS and Cisco Hyperflex systems.

• Support the management replacement of Cisco UCS Manager, Cisco

Integrated Management Controller software, Cisco Hyperflex Connect, and Cisco UCS Director tunneling without requiring public internet access.

• Provide the sole management for UCS X-Series chassis and solution.

• Create, deploy, and manage Cisco Hyperflex configurations.

• Allow for the Workflow Designer which includes a drag-and-drop user interface to simplify workflow creation with a low/no-code user experience.

• Display and report inventory information for Cisco UCS, Cisco Hyperflex systems and supported third-party storage.

• Monitor Cisco UCS, Cisco Hyperflex server, and supported third-party storage alerts and health status across data centers and remote locations.

• Monitor and proactively manage Hyperflex storage capacity.

• Track and manage firmware versions across Intersight-connected systems.

• Track and manage software versions and automated patch updates for

Cisco UCS Director software installations.

• Provide a REST API, also known as RESTful API, application programming interface to manage Cisco UCS and Cisco hyperflex systems across multiple data centers.

• Use Cisco UCS tools, a host utility vSphere Installation Bundle, or IOS

Discovery Tool (an open-source script) to collect IOS and driver information to evaluate hardware compatibility (HCL) compliance.

• Allow for upgrading firmware/software for UCS domains, UCS servers, hyperflex clusters, UCS Director, Cisco Application Policy Infrastructure

Controller and Analysis Service Elements. Installation is supported for

Hyperflex Edge and Hyperflex with Fabric Interconnect clusters.

• Block domains associated with phishing, malware, botnets, and other high-risk categories (crypto mining, newly seen domains, etc.).

• Prevent malware or phishing attempts from malicious websites.

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• Prevent web and non-web callbacks from compromised systems.

• Proxy and decrypt risky domains for deeper inspection of URLs and files.

• Enable web filtering using 85+ domain content categories.

• Pinpoint compromised systems using real-time security activity reports.

• Discover and block shadow IT (based on domains) with the App

Discovery report using the Investigate web console for interactive threat intel access and the on-demand enrichment API to integrate intelligence into other systems.

• Protect mobile and roaming users who are off network.

• Combine authentication, authorization, accounting, posture, and profiler into one appliance.

• Provide for comprehensive guest access management for Cisco Identify

Services Engine administrators, sanctioned sponsor administrators, or both.

• Enforce endpoint compliance by providing comprehensive client provisioning measures and assessing the device posture for all endpoints that access the network, including 802.1X environments.

• Provide support for discovery, profiling, policy-based placement, and monitoring of endpoint devices on the network.

• Enable consistent policy in centralized and distributed deployments that allows services to be delivered where they are needed.

• Employ advanced enforcement capabilities including Trustsec through the use of Security Group Tags and Security Group Access Control Lists.

• Support scalability to support deployment scenarios from small office to large enterprise environments.

• Utilize existing Enterprise Video Teleconference (VTC) environment, to support increased demand for meetings/conferences with personnel from the various units across the enterprise.

• Leverage native Session Initiation Protocol (SIP) registration to existing Cisco Unified Communications (UC) Manager, allowing for all codecs to register directly to their VTC call control platform.

• Utilize Video endpoint based on a hardened version of LINUX (SE

LINUX) or other National Security Agency approved Operating System.

(7) The capability must provide seamless hardware and software maintenance support for existing hardware devices to include software updates, upgrades and version releases including but not limited to installation diagnostics, fixes, and patches.

(8) Enable uninterrupted use of existing hardware and software necessary to support increase of 4E personnel in telework status for the foreseeable future and/or surge in need due to COVID-19.

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(9) Provide access to an automated inventory management and tracking tool/portal to track and monitor software subscription licenses covered under each EA package.

(10) Provide labor support through direct consultation to 4E end users, system owners, system developers and any personnel for all issues. The range of support is broad and could be a basic support question, such as “how to configure and send an encrypted email”, or more complex, such as a request for on-site support to assist in the design of an email security architecture. Cisco certified engineers must be able to support OEM hardware, software, and

Infrastructure without negating OEM warranty, Access to OEM proprietary tools, and labs.

(11) In accordance with the National Defense Authorization Act for Fiscal Year

2017, all software agreements over must have an asset management tool to track all software and hardware inventory. Cisco or Cisco certified gold partners shall provide an asset management tool for capturing and displaying the total Cisco inventory for each enrollee. The tool shall provide customers’ smart-entitled capabilities, including access to the portal and the collector software. Smart capabilities provide actionable information and automation to support the Cisco products. Customizable screens show up-to-date information about the service coverage, product lifecycles, and security and product alerts that apply to the network.

(c) The Cisco SW EA will include the GEMSS package consisting of SNTC, SWSS, Cisco software subscription products such as DNA, Advantage for Routing, SPNA, and advanced services, which include NCE support.

(d) The Cisco SW EA will provide access to Cisco engineering support through specific limited Advanced Services via the GEMSS package and as stand-alone services. The

NCE are dedicated Cisco resources to support design, implementation, delivery, and management of the Cisco environment. These services are delivered by appropriately cleared Cisco operations managers and network engineers, and High Touch Operations

Management.

(e) The Cisco SW EA will include new subscription-based license packages such as voice and conferencing, security to include identity services, secure email, data center, and

SPNA. These packages will support an email defense capability, voice services, advanced routing and switching, secure networking-based transmission capabilities across the network, and the capability to modernize infrastructure from the data center to the edge.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

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Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition is conducted under the statutory authority of 10 U.S.C.

§2304(c)(1) and regulatory authority of FAR 6.302-1.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events:

Cisco’s hardware and software are fully implemented and integrated into 4E’s architecture and has been for more than 20 years. DoD’s Cybersecurity regulations require each device operating on the network to have the latest software updates to defend against potential security vulnerabilities, and functional areas require software and hardware replacement if a device fails. The purchase of proprietary SNTC support and SWSS is required to meet DoD regulations.

Software updates are proprietary in nature and will extend the equipment life cycle by remediating security vulnerabilities or expanding product capabilities. Cisco SNTC support and SWSS can help extend the useful life of its hardware and software capabilities.

Market research indicates other companies’ similar products, or products lacking particular features, do not meet, or cannot be modified to meet the Government’s needs without significant program and operational risk to the 4E agencies and their supported missions.

The 4E Agencies have continuing requirements for Cisco infrastructure COTS email defense, voice services, comply to connect, advanced routing and switching, secure networking-based transmission capabilities across the network, the capability to modernize infrastructure from the data center to the edge, simplify development operations enablement, power traditional, cloud native applications, and optimize operations across distributed environments. Market research determined that products offered from other companies provide some, but not all, of these same capabilities.

They do not provide direct sustainment hardware and core software support for Cisco products, nor do they provide a single source for port of entry to access voice and video, email security, and data center network support on the existing network infrastructure without the integration of third-party products.

Current 4E hardware and software infrastructures include Cisco network, route, switch, data center, wireless devices, voice and video, email security, and data center network support. Cisco is the OEM for these hardware devices and the Cisco associated core software. Cisco owns all proprietary rights to the source code. Cisco devices operate on proprietary software that must be properly updated/patched in accordance with DoD security and certification policies. These limiting factors are met with the Cisco EA packages. All critical information assurance vulnerability assessments (IAVA) require immediate remediation; and lack of software support would create significant security vulnerabilities. Current network, route, switch, data center, wireless devices, voice and

Page 8 of 17 Pages video, email security, and data center network support are connected to client systems or other systems that are attached to 4E networks. They must be updated/patched accordingly. If the network failed due to hardware or software failure, the command and control of operational forces would be severely degraded. Any infrastructure failure would also negatively affect numerous joint partners who are reliant on 4E networks worldwide.

Cisco is the OEM for Cisco hardware and software products and owns all proprietary rights to the source code. Only Cisco or its certified gold partners can provide support for this requirement. Accordingly, no other vendor or distributor can legally obtain access to the software; nor can they make duplicate copies, since it is protected by copyright and patent laws. Nearly all Cisco SW EA products and services are operated by an IOS or subscription software licenses which allows the user to configure equipment, control the flow of information, and establish security protocols. The updates are mandatory for ensuring the DoD security posture. As with most IT equipment, the Cisco equipment, which is currently installed, requires frequent updates to patch security vulnerabilities.

Cisco device software applications cannot be legally patched without SWSS. Patching the software without SWSS would require altering the code, which is proprietary and would violate the ownership rights of Cisco. All critical IAVA require immediate remediation; and lack of software support would prevent DoD from applying the necessary patches in a timely manner, creating significant security vulnerabilities.

Access to software support resources for problem troubleshooting will minimize network outages and ensure security of the data being transmitted. IAVA policy requires DoD components to register with the IAVA database and report compliance to

IAVA notifications. Failure to patch affected systems will violate DoD policy, result in service disruptions, outages, and potential network security breaches. Due to the criticality of the software, as security threats are identified, updates to the IOS and additional software must be performed. If the network fails due to hardware and software failure, day-to-day work functions, online collaboration, video teleconferencing capability, and command and control of forces in the field would be severely degraded. This infrastructure failure would affect numerous joint partners who are reliant on Secure Internet Protocol Router Network and Non-Classified

Internet Protocol Router Network infrastructure backbones worldwide. All in all, this could result in complete mission failure for the 4E agencies.

This software subscription service provides an upgrade to these requirements with enhanced capabilities that continue to stay ahead of security threats. The current infrastructure is comprised of existing software product sets that are in continuous operation. Multiple technologies were reviewed during market research; however, due to compatibility with existing hardware and interoperability concerns, 4E’s options are limited to cover the existing proprietary landscape.

During market research, 4E Agencies found no alternatives that could satisfy the requirements in paragraph 3, primarily since the existing software inventory is

Page 9 of 17 Pages inherently linked to various hardware components across the infrastructure. As a result, 4E was limited in the available options to provide similar capabilities to the current requirement provided by the Cisco Joint Enterprise License Agreement (JELA)

III. The nature of the acquisition is to continue with support for the existing brand name products while transitioning from perpetual to subscription-based licenses rather than other alternatives given proprietary and interoperability concerns that could severely disrupt the DoD infrastructure. It is critical to note that the DISA infrastructure backbone supports all of DoD in certain areas, and primarily its secured networks.

(b) Justification:

(1) Minimum government requirements.

See Section 3, above.

(2) Proposed sole source contractor.

This requirement will be open to Cisco and all Cisco certified gold partners.

(3) Discussion regarding cause of the sole source situation.

See paragraph (4), below.

(4) Impact.

Cisco is the OEM for Cisco SNTC, SWSS, and software subscriptions which meet our requirement. Cisco owns all proprietary rights to the source code for hardware and software. Only Cisco, or its certified gold partners, can provide

Cisco SNTC, SWSS, and subscription support. Accordingly, no other vendor or distributor can legally obtain access to the software; nor can they make duplicate copies, since it is protected by copyright and patent laws. Market research concluded that due to the proprietary nature of Cisco hardware and software products the intellectual property rights of the software belong to

Cisco. Nearly all Cisco hardware is operated by a Cisco SW IOS and/or Cisco

SW subscriptions, such as DNA and SPNA; which allows the user to configure the equipment, control the flow of information, and establish security protocols.

The updates are mandatory for ensuring the DoD security posture. As with most IT equipment, the Cisco equipment, which is currently installed throughout the 4E, requires frequent updates to patch security vulnerabilities.

The devices cannot be legally patched without Cisco SNTC, SWSS, and access to Cisco software subscriptions. All critical vulnerability assessments require immediate remediation; and lack of Cisco SNTC, SWSS, and software subscriptions would prevent DoD from applying the necessary patches in a timely manner, creating significant security implications. Access to additional resources for problem troubleshooting will minimize network outages and

Page 10 of 17 Pages ensure security of the data being transmitted. Failure to patch affected systems will violate policy DoDI 8531.01, dated September 15, 2020, as well as other related department polices, and could result in service disruption and a breach in network security. Due to the criticality of the equipment, as security vulnerabilities are identified, updates to the IOS must be made. If the network failed due to hardware and software failure, day-to-day work functions, online collaboration, video teleconferencing capability, and command and control of forces in the field would be severely degraded.

The current network architecture is comprised of a wide range of Cisco software and dependent on a multitude of hardware technologies required to continue network and infrastructure operations and functions. Cisco is a proprietary software and deviation from the approved product list could impact the operational availability for the DoD and impact the 4E Agencies.

6. ANNOUNCEMENT/POTENTIAL SOURCES:

(a) A combined solicitation/synopsis for this requirement will be published on SAM.gov as required by FAR 5.2.

(b) The Cisco SW EA Sources Sought Announcement – Tracking No. 842266671, was posted on SAM.gov on December 2, 2021 requesting market research information to determine the availability and technical capability of large and small business (to include Small Disadvantaged Business, certified 8(a), Service-Disabled Veteran-

Owned Small Business, HUBZone Small Business, and Woman Owned Small

Business) to provide the required products and/or services for the SW EA. DISA received three responses. Out of the three responses, only one company responded fully to the sources sought announcement.

7. DETERMINATION OF FAIR AND REASONABLE COST:

(a) Quotes for the required software, services, and support will be solicited through fair opportunity from SAM.gov and open to both large and small businesses. Fair opportunity will be provided to Cisco and its gold partners to obtain a fair and reasonable price. A determination will be made by the contracting officer that the contract represents the best value to the Government, as defined in FAR 2.101, and results in the lowest overall cost alternative (considering price and administrative costs) to meet the Government's needs. The contracting officer will also determine the pricing information valid for comparative purposes. In accordance with FAR 15.403-

1(b)(3), certified cost and price data are not required for this commercial item acquisition. The contracting officer will determine whether the price is fair and reasonable, based on one or more of the following:

(1) Comparison of proposed prices received in response to the solicitation.

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(2) Comparison of the proposed prices to historical and existing prices paid, whether by the Government or other than the Government, for the same or similar items.

(3) Comparison with competitive published price list, published market prices of the same commodities.

(4) Comparison of proposed prices with the independent Government cost estimate.

8. MARKET RESEARCH:

(a) Market research was conducted for this procurement from February 2021 to March

2022. Market research included gathering data from previous acquisitions, reviewing current contracts, reviewing existing DoD-wide contract vehicles, Government-wide acquisition contracts, vendor meetings and research firm engagement. Additionally, a sources sought announcement was published on December 2, 2021 as required by FAR

5.2. Based on the current market research, interoperability, and system constraints, it has been determined that only brand-name software support can fully meet and satisfy agency requirements. Cisco, the OEM proprietary software support, which is available through the OEM or authorized resellers, will satisfy agency needs and can support the infrastructure currently in place.

(b) First, market research was conducted to determine if another brand name solution could meet the 4E’s requirements.

(1) Hardware/Software Support: The JELA program management office (PMO) capitalized on market research that occurred for Cisco JELA III to determine if there were alternative solutions for support within our current infrastructure.

The JELA PMO met with various subject matter experts (SME) and independent research firms to determine the magnitude of integration or replacement of existing infrastructures. The information received from these sources substantiated the findings from the previous effort. Cisco has proprietary rights to SNTC support and SWSS, only Cisco or Cisco certified gold partners can provide the required support. No other vendor or distributor can legally obtain access to the software, no other vendor can make duplicate copies, and copyright and patent laws protect it.

(2) Unified Communications: Other companies’ products were reviewed to determine whether their current voice offering could satisfy the requirement. It was determined that the products offered by other companies provide a voice capability service like Cisco; however, such products do not integrate with internet protocol (IP) telephone device/capabilities for voice messaging and conferencing without the addition of third-party tools. Although the addition of third-party tools and other companies’ software can provide the same type of support Cisco offers, it would require the Government to spend a substantial amount of time and money on a planned, phased approach to implement. Given the timeline required to avoid a lapse in service, current investments, additional

Page 12 of 17 Pages support requirements and integration/compatibility concerns; it would result in an unacceptable risk requiring the Government to pursue an alternative to the above requirement. This option will not meet the 4E’s full requirements by the end of the various contracts that are set to expire within the next several months. The Cisco agreement will leverage existing hardware and licenses to integrate the voice licenses capabilities. Gartner research also indicated that the

Cisco Call Manager is the preferred tool for modern collaboration.

(3) Email Security: DISA has a current requirement for Enterprise Email

Security Gateway (EEMSG). This requirement delivers an email defense capability that provides a first line of security for the DoD enterprise email.

Only the identified Cisco brand software subscriptions and support will satisfy this requirement. Through various market research sources such as the

EEMSG program office, independent research firms, and SMEs, Cisco brand products are interoperable with the current EEMSG infrastructure.

Additionally, no product other than the Cisco products would be able to interface with the Cisco appliances currently in place at 4E facilities without the procurement of third-party applications or infrastructure parts. Market research revealed, only Cisco Systems, Inc., or its authorized gold partners can provide the software subscriptions and support required for the existing software infrastructure at the DISA facility, as Cisco Systems, Inc. is the

OEM for the applicable software support and does not authorize third party software modifications or patches to its software.

(4) Data Center: The Network Performance Monitoring (NPM) market consists of tools that leverage a combination of data sources to provide a holistic view of how networks (including corporate on-premises, cloud, multi cloud, hybrid and government networks) are performing. Cisco DNA Center will meet this requirement for 4E. No other company was identified who can provide the same level and quality of service that Cisco currently provides.

Market research revealed that other companies’ products are not suited for large networks like 4E Agencies. Other companies’ products limit the amount of data that can be generated with its NPM tool. Research revealed that once a network backbone has reached the "limit" of data generation on the network infrastructure, navigation was slower, the database needed updates to fix errors, and data retention policy had to be implemented because live data did not work as expected. Market research revealed the overall experience is worse as data continues to grow. Because DoD network infrastructure is complex in nature and spans CONUS and OCONUS, other companies’ products would not meet the 4E enterprise requirements.

(5) Labor Support Services: The requirement to obtain labor services to design, implement, deliver, and manage these devices and software within a Cisco environment is needed to ensure efficient usage of Cisco’s hardware and software products. The JELA PMO met with various program offices to

Page 13 of 17 Pages determine how the requirement can effectively utilize and optimize their current Cisco infrastructure. It was determined to effectively design, optimize, and implement efficiencies in the current infrastructure, labor services would be required. Initial product search for Cisco labor services was conducted using websites, consultation with knowledgeable individuals in the industry, and hands-on knowledge of available information, it was determined only Cisco certified network consultant engineers could provide these services. Although there is a varied base of network engineers, individuals must obtain Cisco certifications to analyze, troubleshoot, and recommend efficiencies for Cisco products.

(6) Importantly, market research revealed that products offered from other companies are able to meet only some, but not all, of the government’s requirements through the capabilities that they offer. Moreover, market research revealed that other companies’ products do not provide direct sustainment hardware and core software support for Cisco products, nor do they provide a single source for access to voice and video, email security, and data center network support without the integration of third-party products or tools. There are no other products currently on the market that can provide the full suite of interoperable functionality required to support the 4E within the DoD Information Network (DODIN) for Cisco equipment.

(7) The Cisco products are integrated and interfaced within the already existing network infrastructure and are required to ensure compatibility through the networks. Interoperability of the existing network infrastructure with products offered by other vendors is not feasible.

(c) The second step in conducting market research was to determine a method of procurement. The program office reviewed several internal DoD contracts such as

Enterprise Software Initiatives, General Services Agency Federal Supply Schedule, National Aeronautics and Space Administration (NASA) Solutions for Enterprise-

Wide Procurement (SEWP) V, and Global Solutions Management – Operations II

(GSM-O II). Based on research of the various procurement options, it was determined that these vehicles cannot meet this requirement due to specialized Stock Keeping

Units that are not available, and did not provide streamlined acquisition processes which would in higher DITCO fees. Given that Cisco has 169 certified gold partners, both large and small and no subcontracting possibilities exist, this requirement will be procured via a brand name on the open market. Cisco has authorized resellers with

Cisco-trained personnel that provide maintenance support, software subscriptions, and labor services to meet the 4E’s requirement. Cisco’s certified gold partners provide the highest level of customer credibility in the marketplace and demonstrate superior service and support capabilities. Thus, this requirement must be competed amongst

Cisco and its resellers.

(d) Additionally, no small businesses in any of the targeted socioeconomic groups were identified as capable of performing the requirement. A total small business set-aside is

Page 14 of 17 Pages not possible because the Small Business Administration has determined that Cisco, the

OEM, is an ostensible subcontractor, since Cisco provides 100% of the SNTC support.

(e) Past performance suggests that one vendor as a single supplier would provide uniformity across this joint enterprise agreement. The hardware and software maintenance and software subscriptions are 100% provided by the OEM, Cisco, a large business.

(f) No competitor functional replacement product exists currently in the market. The

Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions, e.g., there are similar products and/or product support in the marketplace that provides the same functionality, the original equipment manufacturer releases ownership rights of the product, or it is economically feasible to procure a new system.

9. ANY OTHER SUPPORTING FACTS:

None

10. LISTING OF INTERESTED SOURCES:

The following sources have expressed an interest in the procurement:

(a) Proofpoint Inc.

925 W. Maude Avenue

Sunnyvale, CA 94085

(b) Questivity Inc.

1680 Civic Center Dr. Suite 209

Santa Clara, CA 95050

(c) Red River

21 Water Street, Suite 500

Claremont, NH 03743

(d) World Wide Technology

1 World Wide Way

Maryland Heights, MO 63146

Page 15 of 17 Pages

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME

BARRIERS THAT LED TO THE EXCEPTION TO FULL AND OPEN

COMPETITION:

(a) Procurement History.

Contract Number: HC1084-21-D-0003

Brief Description: Cisco JELA III SNTC and SWSS hardware and maintenance software support

Contractor: Cisco Systems

Business Type: Large Business

Life Cycle Contract Value:

PoP (including all options): BY: June 21, 2021 – June 20, 2022

OY1: June 21, 2022 – June 20, 2023

OY2: June 21, 2023 – June 20, 2024

Contract Type: FFP

Basis of Award: Full & Open with Brand Name J&A

Previous protests/Congressional

Inquiries:

Contract Number: HC1084-19-D-0004

Brief Description: Cisco JELA II SNTC and SWSS hardware and maintenance software support

Contractor: Cisco Systems

Business Type: Large Business

Life Cycle Contract Value:

PoP (including all options): BY: June 18, 2019 – June 17, 2020

OY1: June 18, 2020 – June 17, 2021

Contract Type: Firm-Fixed Price

Basis of Award: Full & Open with Brand Name J&A

Previous protests/Congressional

Contract Number: HC1028-14-D-0003

Brief Description: Cisco JELA Smart Net Support

Contractor: Cisco Systems

Business Type: Large Business

Life Cycle Contract Value:

PoP (including all options): BY: September 18, 2014 – June 17, 2015

OY1: June 18, 2015 – June 17, 2016

OY2: June 18, 2016 – June 17, 2017

OY3: June 18, 2017 – June 17, 2018

OY4: June 18, 2018 – June 17, 2019

Contract Type: FFP

Page 16 of 17 Pages

Basis of Award: Full & Open with Brand Name J&A

Previous Protests/Congressional

(b) DoD has Cisco software and hardware products within their existing architecture that require support. If Cisco elects to surrender their legal ownership, copyright, and/or intellectual property software rights and move toward providing an open-source solution for the product support being procured, then DoD will seek a competitive acquisition approach. Regardless, the Government will continue to search the marketplace to determine if alternative software solutions exist. If similar requirements arise, every effort will be made to compete it to the maximum extent practicable.

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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.

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.

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

SENIOR PROCUREMENT EXECUTIVE APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification exceeds , this review serves as approval.

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO:

Melanie M. Reinhardt, 618-418-6032, melanie.m.reinhardt.civ@mail.mil