HSCG79-16-R-PT2065_JA_Mod5_Redacted.pdf

Justification for Other Than Full and Open Competition

Under 10 U.S.C. 2304 (c)(1)

Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by

FAR 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard, C4IT Service Center

(C4ITSC) Contracting and Procurement Office, proposes to extend an Indefinite Delivery

Indefinite Quantity (IDIQ) contract HSCG79-16-D-PT2065 on a basis other than full and open competition.

(2) Nature and/or description of the action being approved.

The U.S. Coast Guard has a requirement on a sole source basis to continue Private Branch eXchange (PBX) continuity of telephone system lifecycle support to the United States Coast

Guard Command, Control, Communications, and Information Technology Service Center (C4IT)

Telecommunications and Information Systems Command (TISCOM), Enterprise Information

Systems Infrastructure (EISI) Product Line (PL), Implementation and Integration Branch, Telephony & Desktop Telephone Service. The U.S. Coast Guard relies upon telephony services to support the day-to-day business and operational functions that require voice communications.

Similar to other Government agencies and large commercial enterprises, the U.S. Coast Guard owns and maintains a large number of standalone Private Branch eXchange (PBX) systems that support internal and external communications, and provide connectivity to the Public Switched

Telephone Network (PTSN). This J&A allows for IDIQ contract HSCG79-16-D-PT2065 to provide continued lifecycle support and casualty repair (CASREP) for an additional time period.

In accordance with FAR 52.217-8 Option to Extend Services, the ordering period will be extended one month. There are no changes to the maximum value of this contract under this notice. The IDIQ itself does not obligate funds, but allows the U.S. Coast Guard to issue task orders up to the maximum if needed.

The Vendor that will support this effort is

HMS Technologies Inc.

One Discovery Place

Martinsburg, WV 25403

(3) Description of Supplies/Services.

The Command, Control, Communications, Computer and Information Technology Service

Center (C4ITSC) Enterprise Information System Infrastructure Product Line (EISI-PL) requires life-cycle support of all USCG telephone systems. This includes over 400 shore locations that include large and small military bases and over 200 cutters (ships) located throughout the Continental United States, Alaska, Hawaii, and the territories of the United

States.

IDIQ Contract HSCG79-11-D-PT2023 was competitively solicited as a 100% small business set-aside (with non-manufacturing rule) and awarded to HMS Technologies Inc. on

02/10/2011; the maximum value of the contract was $46,486,850 with a period of performance

(POP) of 02/10/2011 to 02/09/2016 (5 years). Contract HSCG79-11-D-PT2023’s POP was extended until 08/09/2016, under FAR Clause 52-217-8, Option to Extend Services. At the end of the contract POP, $26,729,942 had been awarded against the contract leaving

$19,756,908 of the original ceiling remaining.

Contract HSCG79-16-D-PT2065 was awarded to HMS Technologies, Inc., as a sole source

IDIQ contract on 08/09/2016, as a six-month contract, to provide telephone system support while providing time to solicit and negotiate a follow-on new five-year contract. The maximum value of the contract was $149,663.05 with a POP of 08/09/2016 to 02/08/2017. This six-month bridge contract included only matters that could not be deferred past the six month period.

Unfortunately, solicitation of the follow-on contract was delayed several times, requiring three

POP extensions, for a total time extension of 5 months along with a ceiling increase to

1,393,463.05. Solicitation of the follow-on contract is once again delayed requiring another

POP extension under the authority of FAR Clause 52.217-8, Option to Extend Services. The contractor will continue to provide telephone system support during the one-month contract extension period.

C4ITSC is currently in the process of soliciting and awarding a fixed price contract with a five-year ordering period as a follow-on acquisition to IDIQ Contract HSCG79-11-D-PT2023. The solicitation was released to FBO on 6/16/2017. It is anticipated this one-month extension will provide time for C4ITSC to determine how to continue PBX telephone system support to the

Coast Guard until the follow-on contract is awarded.

The requirement is to purchase materials and services necessary to provide for lifecycle support and CASREP for existing legacy telephone systems in the U. S. Coast Guard inventory. The

Contractor will be responsible for providing telephony-related materials and services to meet the

Government’s objectives. The scope of this contract is to procure the following materials and services using individual task orders:

Repair, expand, or relocate existing telephone and voicemail systems.

Survey, design and install new telephone systems.

Replace existing telephone systems and components (casualty repair).

Deploy technology refreshes and hardware/software/firmware upgrades.

Groom existing telephone systems.

Apply patches, bug fixes, security updates.

Install and integrate peripheral systems such as campus-wide Public Address (PA) systems, battery/rectifier systems, Uninterruptible Power Systems (UPS), Automatic

Call Distribution (ACD) systems, Call Detail Record (CDR) systems, and Voice Mail

(VM) systems.

Install, integrate and upgrade contact center systems such as Avaya Aura Contact Center

(AACC) or Contact Center Elite, including any adjunct servers or applications.

Provide system maintenance training, system administration training, and end-user training for telephone systems.

Provide remote or on-site technical support to assist USCG technicians to resolve telephone system issues or casualties.

Provide annual PASS, SA, IPOSS, and SmartNet support contract renewals for USCG telephone systems.

(4) Identification of the justification and the rationale.

This acquisition is being conducted under the authority of 10.U.S.C. 2304(c)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 titled “Only One Responsible

Source and No Other Supplies or Services Will Satisfy Agency Requirements; specifically FAR

6.302-1(a)(2)(iii)(B).”

(5) Demonstration that the nature of the acquisition requires use of the authority cited.

In accordance with FAR 6.302-1(a)(2)(iii)(B), Only One Responsible Source and No Other

Supplies or Services Will Satisfy Agency Requirements, for DoD, NASA and the USCG, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

HMS Technologies, through their teaming partners, hold maintenance contracts with Avaya for

Coast Guard telephone systems. This includes Partner Assurance Support Services (PASS) for

CS1000 phone systems, System Support (SS) for CM-6 Phone Systems, and IP Office support

Services (IPOSS). The maintenance contracts are vital to the continued operation and support of the U.S. Coast Guard’s telephone systems. Updating and shifting the maintenance contracts from one vendor to another would create gaps and probable loss of telephone systems. The loss of these systems would create a severe and unacceptable consequence limiting the U.S. Coast

Guard in performing many of its missions including but not limited to search and rescue, aids to navigation, coastal security, drug interdiction, and marine environment protection. HMS

Technologies Inc. is the only vendor able to provide short-term system lifecycle support for these telephone systems.

(6) A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A survey of the market reveled that no other source would be able to continue services under these circumstances.

(7) Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable.

The contracting officer determined contract HSCG79-16-D-PT2065 was fair and reasonable based on commercial pricelists and the prior acquisition history. The majority of products purchased are

Avaya products that will be purchased through the Avaya GSA contract #GS-35F-0156V.

Approximately 20% of the costs will be attributed to non-Avaya parts and services. Labor rates have been determined fair and reasonable on IDIQ contract HSCG79-16-D-PT2065 and all rates will remain the same for the entire POP. All task orders issued under the IDIQ contract are Firm Fixed

Price (FFP).

There are no changes to the maximum value of this contract under this notice

(8) Description of market research.

Extensive market research was completed, including an RFI posted to FedBizOpps on

11/13/2014. Updated market research was completed for contract HSCG79-16-D-PT2065 in July of 2016. The updated market research showed there were no vendors listed under the DHS

Enterprise Wide Contracts under Technical, Acquisition, and Business Support Services

(TABSS) that are listed on the Avaya Federal Authorized GSA Business Partners, GS-35F-

0156V. DHS Eagle II was determined not be a viable option for the reasoning outlined in section

5 of this document, which states a multitude of vendors would not be feasible or manageable from a life-cycle support standpoint. GSA schedules were reviewed; however, they did not provide all services and supplies required for the extensive variety of USCG needs.

(9) Any other facts supporting the use of other than full and open competition.

There are small businesses capable of providing the required services and the U.S. Coast Guard is conducting a 100% small business set-aside on the follow-on contract. However, there are no vendors capable of providing lifecycle support to the existing telephony systems at this time, without unacceptable delays in fulfilling the agency’s requirements.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Companies have contacted the USCG with inquiries concerning APFS Record 2015025877.

(11) A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for required supplies or services.

The Government intends for a follow-on contract and is soliciting as 100% Small Business set-aside. Thus, there are no barriers to future competition.

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(12) Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Date

(13) Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting

(14) Legal Review Concurrence.

I have reviewed this justification and deemed it legally sufficient.

Date

APPROVAL:

Date