JA- Keysight IPV6 Testing Maintenance- VA2600012993- final 8.18.26- redacted.pdf

Keysight IPV6 Testing Maintenance Control Number VA-26-00012993

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement Operations Technology Acquisition Center 23 Christopher Way Eatontown, New Jersey 07724

2. Description of Action: The proposed action is for a Delivery Order (DO) 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 Keysight (formally Ixia) hardware maintenance and support for hardware that is already owned, in-use, and deployed by the VA. This support will include support and maintenance on the embedded software and software feature sets. No new hardware is being procured.

3. Description of Supplies or Services: The Department of Veterans Affairs (VA) Office of Information Technology (OI&T), Connectivity and Collaboration Services (CCS), has a requirement for brand name Keysight software maintenance and support for three IPv6 testing systems components, network modules, software licenses, professional consulting services, and maintenance to expand the security footprint at the located in Cleveland, Ohio, Martinsburg, West Virginia, and Austin, Texas.

VA currently owns three systems that are used to test IPv6, take empirical measurements, test vulnerability and document baselines for circuits and new equipment before it is introduced to the VA Enterprise Network. Keysight support services provides the following support for all covered products: registered access to Keysight for online technical assistance; software updates and support on devices and licensed operating system software, including all maintenance, minor, and major releases; access to the Keysight support, 7 days/week; equipment firmware updates; advanced warranty replacement exchange of failed hardware either by next business day or 24 hours/day, 7 days/week, 4-hour delivery. This provides a seasoned approach to VA network maintenance with an expanded focus on its overall network infrastructure which results in quicker resolution of network issues and improved availability of critical VA systems. This proposed action is only for services and ancillary items (hardware replacement parts and / or hardware replacement) necessary to provide support services for VA owned Ixia (Keysight) devices, equipment, and licenses.

The period of performance (PoP) for this action is September 14, 2026, through September 13, 2027 with two (2) 12-month option periods. An optional task is also included for continued maintenance in the form of professional and consulting services, security applications and updates with additional embedded software licenses of the VA owned hardware and a threat simulator subscription for the base PoP and both option periods. The total estimated value of this action, inclusive of all option periods and optional tasks, is .

4. Statutory Authority: Pursuant to Revolutionary Federal Acquisition Regulation Overhaul (RFO) VA Deviation 16.507-7,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 RFO VA Deviation 16.507-6(b)(2)entitled “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 market research, as described in Section 8 of this document, it has been determined that limited competition is available for Keysight hardware and software maintenance and support. Due to the proprietary nature of the Keysight equipment and imbedded software within its devices, no other brand name support service provider has the proprietary data to perform the necessary support services as the proprietary data is particular to a single vendor, Keysight. Keysight owns the intellectual property rights to the Keysight network infrastructure devices and software, including Keysight networking, advanced Web Application Firewall (WAF), and Application Delivery and Security devices. Keysight equipment contains proprietary source code which prevents non-authorized users accessing the source code and/or modifying it. Access to this proprietary source code is required for Keysight products to interoperate and ensure the services provided by the hardware and software components of the appliances are properly configured.

Keysight is the only provider that can provide firmware/software updates and support on Keysight devices and licensed operating system software (inclusive of all maintenance, minor, and major releases) that will support basic and advanced features on VA’s existing Keysight infrastructure without disruption. VA requires that each system operating on VA’s network, which consists primarily of Keysight devices and software, has the most current support updates to defend against potential operational impacts, while also requiring fully interoperable equipment, hardware maintenance and software maintenance in the event of a specific application failure. Without current ongoing maintenance, firmware/software upgrades, patches, and technical support services, critical security and operational updates to VA’s installed Keysight networking, telephony, unified communications, and unified computing devices and applications will be eliminated; thereby, placing the sustainability and reliability of VA data-connected services at high risk.

Presently, VA owns and utilizes three testing sites of Keysight brand name devices for testing within its VA IT enterprise. These devices currently utilize Keysight maintenance and services to function effectively. Use of any other manufacturer’s maintenance would require replacement of all existing Keysight devices in VA’s environment since no other manufacturer’s maintenance and services offerings are compatible or interoperable with Keysight devices. The duplicative effort to replace these devices would cause estimated delivery delays of four years and duplicated costs in excess of $12 million that would not be recovered through competition.

This $12 million estimate is based on factoring in the projected total list price of

VA’s current Keysight inventory base and the necessity of replacing 50-70% of the devices should VA have to refresh its entire infrastructure as well as VA Subject Matter Experts’ (SME) experience with deployment of similar devices. Specifically, any such replacement would need to occur in a phased approach that is estimated to take approximately seven years cumulatively. All Keysight devices in VA’s environment could not be replaced simultaneously to maintain VA’s existing security and operational posture. The required maintenance cannot be provided by any other entity but Keysight or an authorized reseller.

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 Keysight hardware maintenance, software maintenance and support and licenses. In accordance with RFO VA Deviation 16.507-7(c)(1)(ii), this justification will be provided with the solicitation to all appropriate NASA SEWP V GWAC holders. Furthermore, in accordance with RFO VA Deviation 5.301 and 16.507-7(c)(1)(i), the award notice for this action will be synopsized on the Contract 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: VA’s technical personnel conducted extensive market research beginning in January of 2026 and concluding in April of 2026. This market research consisted of the review of technical journals and articles, multiple one-on-one meetings with the original equipment manufacturer and third-party resellers, issuing multiple Market Research Requests (MRRs) on SEWP to ascertain if other brands could meet VA’s functional and technical requirements for the required enterprise level maintenance support. Based on the market research conducted, VA SMEs determined that due to the proprietary data and code only Keysight, or an authorized reseller, can provide the support and maintenance for Keysight devices.

Also, VA SMEs regularly review industry trade publications and conduct internet research to ascertain if any other brand name maintenance support providers are capable of providing a solution which can satisfy VA requirements and interoperate with the existing VA owned Keysight devices in place within VA. Based on all these market research efforts, the Government's SMEs have concluded that only Keysight can provide hardware and software maintenance and support on Keysight devices and licensed operating system software (inclusive of all maintenance, minor, and major releases) that will support basic and advanced features on VA’s existing Keysight infrastructure without disruption. Only Keysight brand solutions can fully meet the VA's requirements.

Furthermore, Government technical experts contacted Keysight in April 2026 and inquired if its proprietary data was for sale to non-authorized support providers.

Keysight advised that its data is not for sale to non-authorized support providers.

Any source other than an authorized Keysight reseller would need access to that proprietary data to provide the required services and the ability to configure, maintain, and support updates necessary to ensure the items remain operational and secure. Only Keysight or its authorized resellers and partners can provide direct access to the core Keysight software, upkeep, repairs, and support necessary for the continued maintenance and support of these essential Keysight devices and applications.

The Contract Specialist conducted additional market research in July 2026 by identifying 28 contract holders that are resellers of brand name Keysight Products by utilizing the NASA SEWP Market Research Tool. Of these 28 resellers, 10 are SDVOSBs, 11 are Veteran -Owned Small Businesses, 7 are HUBzone Small Businesses, 7 are Women-Owned Small Businesses, 24 are Small Businesses and 4 are Other/Large Businesses. Furthermore, NASA SEWP V GWAC has a dynamic catalog where line items can be added based on customer requests provided that the required item or service is within the scope of the NASA SEWP V contract suite and therefore additional competition may be achieved.

Based on the results of the review set forth above, there is reasonable expectation that two or more SDVOSBs will be able to provide the required hardware and software maintenance and support. Therefore, given that there is a reasonable expectation of competition between at least two capable SDVOSBs, it has been determined that the subject RFQ will be released as a SDVOSB set-aside under the existing NASA SEWP V contract vehicle, under the Value-Added Reseller NAICS code 541519. The Veteran Small Business Certification (VetCert) will be utilized to verify the eligibility status of each offeror as a verified SDVOSB prior to evaluation of quotes.

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.

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 NASA SEWP V contract pricing that has already been determined to be fair and reasonable. In addition, price competition is expected amongst the NASA SEWP V contract holders which will further establish fair and reasonable pricing. Finally, price analysis shall be conducted by comparing the successful quote with the Independent Government Cost Estimate.

12. Procuring Contracting Officer Certification:

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