JA SPMYM1-21-Q-0119_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPMYM1-21-Q-0119

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Maritime Norfolk, is the contracting activity.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis. The procedures in FAR subpart 13.5 will be used in accordance with 41 U.S.C. 1901.

3. The proposed action is for a solicitation and award of a Firm, Fixed Price (FFP) contract with no options. The supplies required to meet the using activity’s needs are described as follows:

CLIN DESCRIPTION P/N QTY

EST.

UNIT

PRICE

EST.

TOTAL

VALUE

0001 Cisco UC Phone 7811 CP-7811-K9++= 350

EA

0002 Cisco IP Phone 8841 CP-8841-K9++= 100

EA

0003 Cisco 8832 Wired Microphones Kit for Worldwide CP-8832-MIC-

WIRED= 50 EA

0004 8832 base TAA in charcoal color for North America CP-8832-K9++ 50 EA

0005 Cisco IP Conference Phone 8832 PoE Accessories for Worldwide CP-8832-POE 50 EA

0006 Cisco 8832 PoE (Power over Ethernet) Accessories Spare CP-8832-POE= 50 EA

0007 1000BASE-SX SFP transceiver module, MMF, 850nm, DOM GLC-SX-MMD++= 96 EA

0008 Cisco 1-Port SFP (mini-GBIC) Transceiver Module - 1 x 1000Base-LX/LH

GLC-LX-SM-

RGD=

EA

0009 Cisco Unified Border Element (CUBE) - E-delivery -top level L-CUBE 1 EA

0010 SWSS Upgrades Cisco Unified Border Element (CUBE) - E-Service Duration: 12 Months

CON-ECMU-

LCUBE001 1 EA

0011 CUBE V14 - 1 Standard Trunk Session License CUBE14-T-STD 1 EA

0012 ONE YEAR SWSS UPGRADES CUBE Standard Trunk Single Session - 1 Service Duration: 12 Months

CON-ECMU-

CUBETSTD 1 EA

EST. TOTAL AMOUNT

The subject requirement is for the procurement of the various Cisco VOIP (Voice Over Internet Protocol) items identified in the table above. The VOIP technology brings phone systems into the modern age by using the internet to make and receive calls through various methods. This equipment package is sole source and proprietary to the Original Equipment Manufacturer (OEM), Cisco Systems, Inc. (CAGE Code – 0GX96).

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS): Not Applicable

MAXIMUM CONTRACT VALUE:

4. The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1) - Available from only one responsible source and no other type of property or services will satisfy the needs of the agency.

The use of the authority cited above is based on:

The customer has requested brand name Cisco specific material. Cisco is the original equipment manufacturer (OEM) for this equipment and a DoD trusted source of IT equipment. This equipment will be installed and paired with both existing and new Cisco VOIP equipment that is part of an already existing VOIP network. Mixing different models will result in a complicated technical and re-engineering solutions that would cause increased difficulty with maintenance and troubleshooting. This equipment is part of a large telecom infrastructure upgrade for Norfolk Naval Shipyard (NNSY). This VOIP project encompasses both a network upgrade and additional new segments to the network to include integrating service for the new shipyard training facility presently in construction. The VOIP gateway/controller upgrade equipment is being procured via DISA/DITCO contracting support, Ref funding N4215821MP10072.

The Cisco VIOP phones are the models and brand currently supported by the Department of Defense service provider Defense Information Systems Agency (DISA). The phones are on the approved products list and are authorized to communicate with the DISA network. These models are in line with items previously purchased in support of the NNSY large telecom infrastructure upgrade.

This requirement will be solicited solely to contractors that are authorized distributors of Cisco equipment. There is a risk to purchasing products from third party resellers with unknown or questionable supply chains which could compromise the integrity and cybersecurity posture of the Department of Defense Information Network – Navy (DODIN-N). If unauthorized devices compromise the network this would cause an immediate service termination as the NNSY networks are monitored by higher level authorities. Additionally, the shipyards network is accredited through the Navy Authorizing Official and installation of IT equipment that is not approved for the network would invalidate the customers authority to operate (ATO).

Therefore, the purchase of any other manufacturing source or equipment would result in the duplication and abuse of resources, cost, and time to the Government that would not be recovered through competition. Although this acquisition is being restricted to Cisco Systems Inc. equipment, the Government expects to receive competition amongst authorized distributors.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Cisco Systems, Inc., Cage Code - 0GX96.

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

[ X ] The acquisition will be synopsized on September 10, 2021 for approximately fourteen (14) days.

[ X ] The solicitation will be published for seven (7) days.

The acquisition will be solicited on www.SAM.gov to encourage potential supplier participation. Any interested party that requests a copy of the solicitation will be provided one.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 13.106-3(a), the Procuring Contracting Officer will make a determination of fair and reasonable of pricing based upon comparison of the proposed price from authorized distributors, as well as other cost, price, and buyer analysis. Information from market research, governmental sources, and Producer Price Index Industry (PPI) Data will also be used to help establish price reasonableness if needed.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice was posted to beta.SAM.gov on July 15, 2021 with a closing date of July 23, 2021. Thirteen (13) responses were received as a result of this notice. A complete list of the interested parties responding to the notice can be found in item nine (9) of this document. After further review of the responses received to the sources sought notice, there is clear indication that at least eleven (11) out of the thirteen (13) interested parties would have the capabilities and resources available to support this requirement. As this procurement will be solicited to the OEM, Cisco, and their authorized distributors only; two (2) of the vendors responding to the notice were not identified as a certified Cisco Partner/Distributor. These two (2) vendors in question are: Data Connect Enterprise, Inc. (Cage Code - 0MR56) and Blue Source Group Inc. (Cage Code - 76ZT6). Based on the results of the Sources Sought notice, the Government expects to receive competition among authorized dealers/distributors of the Cisco VOIP equipment.

When searching for the material on GSA Advantage, the Acquisition Specialist was not able to locate all of the requested part numbers. Therefore, this requirement will not be posted on GSA eBuy, however, it will be publicized on www.SAM.gov. Based on the results of the Sources Sought Notice, the Government expects to receive competition among authorized distributors.

The Acquisition Specialist published a Sources Sought Notice, queried Government-wide databases, and also reviewed catalogs and other product information available on the internet. The Acquisition Specialist reviewed information on other available VIOP phone manufactures, but considering the information provided by the customer, no other manufacturer would be technically acceptable for this requirement. This equipment is part of a large telecom infrastructure upgrade for the Norfolk Naval Shipyard (NNSY). This VOIP project encompasses both a network upgrade and additional new segments to the network to include integrating service for the new shipyard training facility presently in construction. Mixing different models would result in incompatibility, a complicated technical and re-engineering solution, and result in increased difficulty with maintenance and troubleshooting. Therefore, the Acquisition Specialist has determined Cisco as the only brand capable of meeting the needs of NNSY at this time. The Government expects to receive competition among authorized distributors.

Information received regarding the commerciality of the item(s):

The results of market research establish that Cisco VOIP is vastly available in the commercial marketplace and has been substantially offered for sale or lease to the general public. The Acquisition

Specialist completed a basic internet search for Cisco VOIP equipment and also used the specific OEM part numbers identified in this requirement. All of the exact same items were found available on multiple websites for purchase directly from various commercial websites. The results of the internet research for each individual part number immediately revealed that all of these exact same items in the Cisco VOIP equipment package are readily available in the commercial marketplace and are frequently bought, sold, and used by the general public. The results of market research established that these items are customarily used by the general public for other than governmental purposes and are regularly sold and licensed in substantial quantities to the general public without any form of modification. Market research also revealed extensive evidence that these exact same items are currently being offered for sale and license to the general public in substantial quantities as well. Based on the result of the market research conducted, the Acquisition Specialist determined that the Cisco VOIP equipment package meets the FAR 2.101 definition of a commercially available off-the-shelf (COTS) item.

[ X ] A market survey was not conducted due to:

Based on the results received from multiple other market research techniques used, a formal market survey was not conducted. The Acquisition Specialist published a Sources Sought Notice, queried Government-wide databases, and also reviewed catalogs and other product information available on the internet.

9. A listing of sources, if any, indicating an interest in the acquisition is:

Marshal Technologies, LLC (Cage Code - 8MHY0) Sterling Computers Corporation (Cage Code - 06AP0) Data Connect Enterprise, Inc. (Cage Code - 0MR56) Blue Source Group Inc. (Cage Code - 76ZT6) Summit Partners LLC (Cage Code - 91BC5) Aita Consulting Services Inc. (Cage Code - 5A1Z3) Ateam Solution Services LLC (Cage Code - 80X92) Seneca Biztek, Inc. (Cage Code - 8QJS0) Xyples, LLC (Cage Code - 7T0F6) Questivity, Inc. (Cage Code - 5KYG7) Bowhead Communication Services, LLC (Cage Code - 6WKC6) Broadleaf, Inc (Cage Code - 5RWC4) World Wide Technology, LLC (Cage Code - 0MNV1)

10. The following actions are being taken to identify additional sources:

This acquisition will be synopsized and solicited on beta.SAM.gov to encourage potential supplier participation. Should the solicitation result with an alternate offer identifying another manufacturing source of supply, the quote will be sent to the customer for consideration. If another manufacturing source becomes approved, future acquisitions will allow and provide for manufacturer competition.

Additionally, future requirements will also be publicized on beta.SAM.gov to encourage potential supplier participation.

APPROVAL REQUIREMENTS

[ X ] Up to $750,000 Contracting Officer

[ ] $750,000 to $15,000,000 Competition Advocate

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)