JOFOC.pdf

DHS J&A Guide July 2013, Version 2.2

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41U.S.C.3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. FEMA Operations Center (FOC), 19844 Blueridge Mountain Road, Mt. Weather, VA 20135-2006. The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Office of the Chief Procurement Officer, proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved. A short paragraph describing the effort to be placed on contract, or the modification action.

This requirement is for a Firm Fixed Price Purchase Order which will be sole sourced to Airbus DS Communications, 117 Seaboard Lane, Suite D-100, Franklin, TN 3 7067.

Funding is for Fiscal Year 2016.

The-is for a~f for a one year base and four one year option years.

The requirement is to provide 24 x 7 support and maintenance for the Emergency Notification System (ENS) (product name: VESTA® Communicator or Communicator! ® NXfTM) to include the following:

• 24x7 on-site support to 3 separate locations

• Datasync replication from primary to 2 backup systems

• SMS\text messaging provided through the existing Airbus DS SMS gateway to include accounting, monitoring, usage report and unlimited messages

• On-site 24x7 technical support and maintenance for Survey Module •On-site 24x7 technical support and maintenance for Workstation Alerts

• Inbound Bulletin Board •Updates to new versions of VESTA® Communicator software •Training for VESTA® Communicator application

• Able to create or modify custom call flows •Able to create or modify Pager services with the VESTA® Communicator application

• 24x7 on-site support for Custom Report module

• 10 separate DHS agencies are supported

• Comply with all on-site local, DHS, and FEMA physical and information system security requirements

3. Description of Supplies/Services. The 24x7 on-site technical support and maintenance is for

(3) existing ENS environments located at Mount Weather Virginia, Thomasville Georgia, and Denver Colorado. It also includes 24x7 on-site technical support and maintenance for (3) implementations of the Survey Module, Custom Report Module, and Workstation Alert application. The support shall provide updates and new versions of the VEST A® Communicator or Communicator!® NXT™ application platform.

Also included is the unlimited number of SMS messages used for emergency communication.

Messages are routed through the Airbus DS SMS gateway from all (3) existing systems. This service provides technical support, accounting, monitoring and quarterly SMS usage reports.

FEMA has utilized the ENS since 1999. The ENS is an emergency alert and notification solution that provides telephonic, email, and SMS text message notification. It also includes a survey module, custom report module, and Workstation Alert which requires technical support at a or 12 months. The ENS is used to alert and notify federal DHS\FEMA emergency and disaster response personnel teams nationwide in order to quickly respond to catastrophic events and initiate immediate lifesaving activities.

Support of the ENS and associated modules will provide assurance that the FOC, FEMA Alternate Operations Center (F AOC - Thomasville, GA) and the Tertiary FEMA Alternate Operations Center (Denver, CO) will have the ability to alert·and notify emergency and disaster response personnel without interrupting current operations. A lapse of support could cause a delay or outage of the ENS which could negatively impact emergency operations. In such an event, the delay of emergency response teams could in fact occur at the cost of loss of life.

Since this support is for an existing proprietary system, the manufacturer is the only source that provides the required technical support and maintenance for continuing successful emergency operations. This requirement is for 24 x 7 support to existing hardware/software that was designed and manufacture by Cassidian Communications, Inc. The existing software is proprietary and patented and only Airbus DS possesses the corporate and technical knowledge required to modify the existing system. Modifications of the existing hardware/software by any other contractor other than Airbus DS will violate and void the warrant support agreement for the ENS. Further, if another source were selected the current ENS would not be eligible to receive software updates, improvements, patches, newer application versions, or updated security controls from the system manufacturer.

The technical support and maintenance provider must NOT modify any current VESTA® Communicator (AKA: Communicator!® NXT™) or FEMA configuration settings external or internal to the existing systems including passwords and user accounts.

If another source was selected, Airbus DS could not guarantee adequate technical support and maintenance. Any malfunction of the system hardware or software which cannot be corrected by a source other than Airbus DS could result in additional costs or delays. Any additional costs are not included in the FOC FYI 6 budget. This is an obvious risk to emergency operations.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

[ X] Authority is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. FAR 13.5 in accordance with 41 U.S.C. 1901.

5. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

FEMA Directive 262-3 dated 11-03-11 designated the ENS system as the official FEMA solution for emergency notification. No other notification systems have been authorized for FEMA use.

Airbus DS is the owner and sole manufacturer of the VESTA® Communicator or Communicator!® NXT™ application platform. Airbus DS not only installs, updates, maintains, and supports this proprietary system; they also provide training and product development.

In order to adequately support the VESTA® Communicator or Communicator!® NXT™ application platform, another source would need to reverse engineer the product designed and developed by Airbus DS. This platform is 100% owned by Airbus DS and licensed only to paying customers.

Since Airbus DS manufactures, supports, develops, and updates the proprietary system, they also are the only source that has the knowledge to provide the necessary support, enhancements and maintenance of the existing ENS in the FOC, Thomasville MOC, and Denver MOC.

The enhancements must comply with the requirements of Section 508 of the Rehabilitation Act and meet Federal Continuity Directives requirements. Airbus DS has proven that the enhancements do, in fact, satisfy those requirements.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. A Notice oflntent to Sole Source was issued on February 04, 2015 through FedBizOpps with the Solicitation No. HSFE50-15-Q-0014. No responses were received as of February 19, 2015 which is the closing date of the notice. A Request for Information was posted to FedBizOpps on May 14, 2015. Seven responses were received as of the closing date June 04, 2015.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. I have determined that the anticipated price(s) will be fair and reasonable based on the following: The Contracting Officer will review past history of previous orders to compare previous yearly maintenance costs.

8. Description of Market Research.

Market research was conducted and the results are contained in the Market Research Attachment A.

The current ENS s see Attachment B) plus last year's maintenance

Estimated costs for replacement systems from fiscal year 2014:

Enera Rapid Reach TAS &NAS ENS

The listing on GSA Schedule states:

Installed System: Initial System price is based on the volume of phones lines and types of options.

Continuing costs are for su~ce only, with no per recipient costs. A 48 line system wi~ option~ Assuming-per 48 line system, the cost to replace the existing capabilities would be approximately-per system. ~ 3 existing systems, the total cost for replacement w~proximately-

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Does NOT provide on-site notification solutions and therefore does not meet the basic requirements. An off-site Software-as-a-Service (SaaS) solution is not acceptable due to DHS privacy and security requirements.

Estimated costs for replacement systems from RFI results from fiscal year 2015:

9. Any Other Facts Supporting the Use of Other Than Full and Open Competit~on.

In fiscal year 2014, acquisitions posted a Notice oflntent to Sole Source to FedBizOpps. The notice received two vendors' capability statements for new systems. The capability statements were sent for technical review and the results were that FEMA did not require a new system at that time as FEMA was upgrading the existing ENS hardware to increase capacity and upgrade the Web interface.

Therefore, any solution was to be able to integrate with the existing equipment and proprietary software.

In fiscal year 2015, a Request for Information (RFI) was conducted and seven responses were received. However, none of the seven are able to provide the necessary maintenance and support services. They all provided replacement system information.

FEMA has no plans at this time to replace the current system which is fully functional and meets the agency's needs.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

FEMA will continue to conduct market research to determine the best course of action for the next requirement. FEMA will continue to evaluate other software programs and determine if other systems are available. IfFEMA determines to install a complete new system then other developers will be considered. FEMA will continue to evaluate other programs where nonproprietary software can be utilized.

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.

MATTHEW

Cont~t~~~~kE

Digitally signed by MATIHEW A RAIBLE ON: c=US, o=U.S. Government.

ou=Department of Homeland Security, OU=FEMA, ou=People, cn=MA TTHEW A

RAIBLE,

0.9:2342, 19200300.100.1.1 =01522B5888.FEM

Date: 2016.02.11 14:21 :16-05'00' Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government's minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

MELTON J

ROLAND JR

Digitally signed by MEL TON J ROLAND JR c ON: c=US, o=U.S. Government, ou=Department of , Homeland Security, ou=FEMA, ou=People, to=MELTON J ROLAND JR,

0.9.2342.19200300.100.1.1 =0061397308.FEMA.1

Daie: 2016.02.11 12:58:45 -05'00'

Technical Representative Date

APPROVAL:

MATTHEW

A RAIBLE

Dlgltally signed by MATIHEW A RAIBLE ON: c=US, o=U.S. Government, ou=Department of Homeland Security, ou=FEMA, ou=People, c.n=MATIHEW A RAIBLE, -0.9:2~42, 19200300.100.1.1 =0152285888.FEMA

Date· 2016.0211 14:21·45 -05'00'

Contracting Officer

Brad Ramos Dlgltally signed by Brad Ramos ON: en= Brad Ramos, o=FEMA -Office of Chief Counsel.

011.=0CC, emall=bradford.ramos@fema.dhs.gov, c=US Date: 2016.02.11 14:35:40-05'00'

Office of Chief Counsel

Date

Date

Digitally signed by DAVID R MACKENDRICK

DAVID R MACKENDRICK

DN:c=US,o=U.S.Government,ou=DepartmentofHomeland Security, ou=FEMA, ou=People, cn=DAVID R MACKENDRICK,

0.9.2342.19200300.100.1.1 =0945523577.FEMA

D3te• ?Ol6 OJ 1 2 10:02: ...... -~· ,.,_' -------------

Competition Advocate Date

NIA

Head of Contracting Activity Date

NIA NIA

Chief Procurement Officer Date