JA_VISN NetApp_ final_fully signed.pdf

VISN 10 and 11 HTM (Biomed) EHRM NetApp Comprehensive VA-24-00068487 Maintenance and Technical Support

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition and Logistics

Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action: The proposed action is for a firm-fixed-price (FFP) Delivery Order 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 NetApp maintenance and technical support.

3. Description of the Supplies or Services: VA, Veterans Integrated Service Networks (VISN) 10 and 11 have a requirement for maintenance and technical support for existing NetApp storage hardware and software. VISN 10 and VISN 11 have an extensive NetApp storage infrastructure that supports a majority of medical servers and networked systems that are maintained by Health Technology Management (HTM), also known as Biomedical Engineering.

HTM is seeking to cover all existing Electronic Health Record Modernization (EHRM) NetApp storage infrastructure assets, to include maintenance and technical support capabilities. This requirement shall be comprehensive and cover all NetApp storage infrastructure assets that supports EHRM and HTM, medical servers, and network systems. The HTM NetApp storage infrastructure is located at multiple VA Medical Centers (VAMC) and Regional Data Centers (RDC) which include the Cleveland RDC, Orlando RDC, Ann Arbor VAMC, Detroit VAMC, Dayton VAMC, Battle Creek VAMC, and Indianapolis VAMC.

The required maintenance and technical support shall cover all critical NetApp hardware elements that comprise the VISN 10 and 11 HTM NetApp storage. This includes hard drive replacements, advisor/ technical support, and on-site support. Hardware support shall cover all NetApp Controllers and Storage GRID Nodes, to include support for all NetApp FAS8300, FAS2720 SG5712, SG100, SG1000 controllers and storage nodes.

Additionally, hardware support shall include any storage/expansion shelves attached to NetApp controllers and storage nodes, to include NetApp DS2246, DS4246, DS212C, DS224C storage shelves. The period of performance for this requirement shall be a 12-month base period with re-instatement fees along with two 12-month option periods.

The total estimated price of this proposed action is $3,273,736.06, inclusive of all options.

4. Statutory Authority: Pursuant to Federal Acquisition Regulation (FAR) Subpart 16.505(a)(4), 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 FAR Subpart 16.505(b)(2)(i)(B), 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 justification, it was determined that limited competition is available to procure the required NetApp maintenance and support services. VISN 10 and 11 HTM (Biomed) currently utilizes brand name NetApp storage for all sites. VA requires sustainment of the existing brand name NetApp hardware and software already in place. Only brand name NetApp specific maintenance services can provide the support required for the current VISN 10 and 11 NetApp hardware and software infrastructure.

Use of another brand would necessitate a complete replacement of the existing NetApp infrastructure in place at the aforementioned VISN 10 and 11 VAMCs and data center locations. This replacement would require VA to purchase entirely new hardware and software for these locations. This replacement would also require VA staff, in coordination with Office of Information and Technology (OIT), to migrate all existing virtual servers and systems to a replacement infrastructure, which would require a massive effort for VHA and OIT staff throughout VISN 10 and 11; such a migration effort would cause disruptions for clinical end users during migration efforts. VA staff would also require training on how to use alternative hardware. The replacement of the current hardware and software is estimated to take approximately 12 months and cost approximately $7M for hardware, software, and installation alone. Additionally, all newly installed hardware and software would require follow-on maintenance and service support. It would take approximately 12 months to complete the migration of systems on the existing infrastructure. These duplicative estimated costs, which are based on previous acquisition history and market research, would not be recovered through competition.

No source, other than brand name NetApp, and their resellers, has access to the proprietary software that runs the current NetApp infrastructure in order to ensure it stays fully interoperable across all sites. Due to the high level of interdependency between systems and software, the Government requires a maintenance and technical support solution that will ensure systems across VISN 10 and 11 fully interoperate with each individual site’s brand name NetApp systems. Any other brand name would not meet VA’s requirements.

Failure to procure the required brand name NetApp software and maintenance services would produce disastrous effects on VA’s ability to support interconnectivity between hardware and software needs. This would negatively impact thousands of Veterans electronic health records that are already in use at these medical centers.

The requested maintenance and technical support services are required to ensure that all VISN 10 and 11 Net App Tier 1 and Tier 3 storage hardware run efficiently.

Failure to acquire the maintenance and support will prevent the VA team from obtaining fixes and patches to identify security vulnerabilities and defect resolutions within the existing NetApp hardware and software. Due to the proprietary nature of the hardware and software, only NetApp or its authorized resellers can provide the required hardware and software support. NetApp or its authorized resellers are the only sources available that can provide software updates, troubleshooting, patches, and version releases. Support services performed by parties not authorized by NetApp invalidate product warranties and remove liability for performance from the manufacturer. VA relies heavily on the data stored within the existing EHRM and Biomedical storage solutions for various Veteran patient care projects. Procurement of the required maintenance and support will ensure that the augmented Converged Virtual Infrastructure (CVI) storage systems remain operational, without interruption.

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. It was determined however that competition is viable among authorized resellers for the brand name NetApp maintenance and technical support. In accordance with FAR 16.505(a)(4)(iii)(A)(1), this justification will be provided to NASA SEWP V GWAC holders. Furthermore, in accordance with FAR 5.301, 16.505(b)(2)(ii)(D), and 16.505(a)(4)(iii), the award notice for this action will be synopsized on the Contracting 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: The Government’s technical experts conducted market research from October 2023 through April 2024 to ascertain the ability of any products other than NetApp to meet the Government’s requirement. Other similar manufacturers, such as Nutanix and Dell, products and services were reviewed however could not be compatible with the existing NetApp hardware and software infrastructure. Other manufacturers also do not have the proprietary source code and hardware replacement parts necessary to provide the required maintenance and support. Due to the proprietary nature of the hardware and software, only NetApp or its authorized resellers can provide the required hardware and software support. NetApp or its authorized resellers are the only sources available that can provide software updates, troubleshooting, patches, and version releases. Multiple meetings were then conducted with NetApp to discuss maintenance possibilities and strategies.

On June 3, 2024, the Contract Specialist posted a Request for Information (RFI) on NASA SEWP with responses due June 17, 2024. The RFI included a draft product description to all vendors. The result of the RFI identified one capable Service- Disabled Veteran-Owned Small Business (SDVOSB) vendor.

Additional market research was conducted by the Contract Specialist in June 2024 by utilizing the NASA SEWP Provider Lookup Tool and NASA SEWP Market Research Tool to determine whether the required brand name NetApp hardware, software, and maintenance support is available from NASA SEWP V GWAC holders.

The search revealed a total of eighty-seven (87) possible vendors. This included nineteen (19) SDVOSB resellers, twenty-two (22) Other Than Small resellers, thirty-six (36) Small Business resellers, and thirteen (10) HUBZone resellers under the “NetApp” keyword search. Furthermore, the NASA SEWP V GWAC has a dynamic catalog where line items can be added based on customer requests; therefore, as long as the required item or service is within scope of the NASA SEWP V GWAC, items and services can be added to the catalog on a daily basis. Based on the above, there is a reasonable expectation that limited competition exists on the NASA SEWP V GWAC. The requirement discussed herein has been found to be within scope of NASA SEWP V GWAC in a separate determination. As a result of the aforementioned market research, VA intends to issue a Request for Quotation on NASA SEWP V GWAC.

VA’s technical experts have determined that only brand name NetApp hardware and associated maintenance support can meet all of VA’s requirements.

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.

Wade Sidley Date:________________________________

VISN 10 Biomedical Engineer Signature:____________________________

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. Contracts awarded on NASA SEWP V GWAC have already been determined to be fair and reasonable. Price competition is anticipated as there are multiple potential vendors on NASA SEWP V GWAC. Finally, if necessary, the successful quote will be compared to the Independent Government Cost Estimate.

Heather Utt Date:________________________________

Procuring Contracting Officer Signature:____________________________

12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Heather Utt Date:_______________________________

Procuring Contracting Officer Signature:___________________________

Approval

In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of brand name NetApp maintenance and technical support, on an other than fair opportunity basis pursuant to the authority cited in Section 4 above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition.

Date: ____________ Signature: _________________________________ Jason Bullen Advocate for Competition Technology Acquisition Center

Office of Procurement, Acquisition, and Logistics