MICC FAR Part 16 JEFO_ATEC WSMR_Ciena FY24 Requirment V2_Redacted V1_Redacted.pdf
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- Attached to
- White Sands Test Center Ciena Technical License
- Solicitation number
- W9115124F0298
About this file
This document is a FAR Part 16 Exception to Fair Opportunity Justification for a federal contract opportunity. The U.S. Army Test and Evaluation Command (ATEC) at White Sands Missile Range (WSMR) has a requirement for Ciena technical licenses, hardware repair, and managed spares to support the modernization of the Test Instrumentation Networks (TIN). The brand name Ciena equipment and software is necessary to interoperate with WSMR's existing Ciena system. The contract must be awarded by September 30, 2024, with a total estimated value of the requirement. The justification cites FAR 16.505(b)(2)(i)(G) for only one responsible source, as no other products will satisfy the agency's requirements. The acquisition will be competed among ITES-3H CHESS contract holders that are authorized Ciena resellers. Previous relevant contract information is provided, including pricing, source selection, and number of offerors. Cost or price analysis methodologies are identified to determine fair and reasonable pricing.
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CUI//SP-PROCURE//FEDCON
Control No: Cavazos 2024-9
Date: See digital signature
Legal Counsel:
Jacob Smith DSN:
FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts
For Actions Exceeding the Simplified Acquisition Threshold (SAT)
1. Contracting Activity: Mission and Installation Contracting Command Fort Cavasos (MICC FC), WSMR Branch 143 Crozier Street, White Sands, N.M. 88002
2. Description of Action: White Sands Missile Range’s (WSMR), Range Operations requests a new contract, CHESS firm fixed price delivery order using Research, Development, Test and Evaluation funds. An acquisition plan is not required because this procurement does not meet the threshold established by the Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)(B)
QTY Part Number Requirement
1 80M-6500-SSP-SEL SELECT SUPPORT 6500
1 80M-6500-HWM HW REPAIR 30 DAYS 6500
1 80M-6500-NBS MNGD SPARES NEXT BUSINESS DAY SHIP 6500
1 80M-MCPBA-SEL MCP BASE SW, SELECT SUPPORT
1 80M-3926-SSP-SEL SELECT SUPPORT 3926
1 80M-3926-HWM HW REPAIR 10 DAYS 3926
1 80M-3926-NBS MNGD SPARES NEXT BUSINESS DAY SHIP 3926
1 80MRENEWALFEE RENEWAL FEE
☒ An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).
☐ (Insert approval authority title approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on (insert date).
☐ The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting (insert approval authority title) approval.
3. Description of Supplies/Services: Ciena will provide technical licenses to provide troubleshooting assistance, software license updates.
Delivery: Must be awarded by 30 September 2024.
Total Value:
4. Authority Cited: FAR 16.505(b)(2)(i)(G) For DoD, NASA, and the Coast Guard, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302-1. Only one responsible source and no other supplies or services will satisfy agency requirements. (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer)
5. Reason for Authority Cited:
The U.S. Army Program Executive Office for Simulation, Training and Instrumentation (PEO-STRI), Project Manager for Instrumentation, Targets, Threat Simulators and Special Operations Forces (SOF) Training Systems (PM ITTS), Instrumentation Management Office (IMO) has a requirement for the U.S. Army Test and Evaluation Command (ATEC), to continue the modernization of the Test Instrumentation Networks (TIN) at all of its test centers as part of the TNM project to support current and future Department of Defense (DOD) customers. The initial contract awarded by PEO-STRI for WSMR was for Ciena equipment. To maintain an enterprise environment for commonality, interchangeability, and interoperability via an approach that will standardize architecture, configuration, hardware, software, training, and network management tools. Only Ciena Packet Switching technology brand name equipment and software for the SONET infrastructure at WSTC will be able to interoperate with the existing WSMR’s Ciena system. Ciena Technical Licensing is required to troubleshoot issues and install future software updates for all infrastructure hardware. If the Brand Name J&A is not approved the test range will not have the ability to resolve network outages and upgrade to the latest software required to remain current with system capabilities and IA security features.
(a) This requirement requires brand name Ciena licensing to interface and interoperate with the existing WSTC’s Ciena system. The items are available in CHESS the mandatory source for all IT equipment. Multiple CHESS vendors are capable to supply the items using ITES-3H
(b) Brand name allows for the full and open competition for all CHESS vendors a fair opportunity to supply a quote for the required items.
6. Actions to Increase Competition: A competitive solicitation will be issued on the CHESS website to the ITES-3H contract holders. Competition for this acquisition is limited to Ciena products, but procurement of this acquisition will be competed among CHESS vendors that are authorized Ciena resellers. WSMR with PEO-Stri is continually evaluating the latest technology and technical refresh assessments of hardware and software. Research of future requirements are met leveraging DoD mandates, emerging technological standards, and the most applicable solutions and capabilities that support WSMR’s mission needs. No new technology from othe OEMs has been proven to be able to work with WSTC’s current Ciena hardware.
7. Market Research: Army Directives and AFARS 5139.101-90)(a)(1) state the Army’s CHESS program, under the Program Executive Office Enterprise Information Systems, is the mandatory source for commercial Information Technology (IT) hardware and software purchases. The Government initiated Market Research for the current Optical Transport Network upgrade requirement in early 2024. As a result, the following vendors were identified as having certified network product to meet the requirement:
Ciena. Results from the CHESS RFI posted on 15 March 2024; Government Acq and Micro Tech. Wildflower was awarded the last contract; the vendor did not supply an RFI response.
Ciena Brand Name equipment is the only equipment capable to extend and interface with other Ciena products. Any other manufactures equipment or software will not interface with current Ciena equipment. 14 CHESS vendors replied, Results; 2 are capable, 2 “Stated out of scope”, 4 vendor’s stated “Not an authorized reseller”, 4 vendor stated “No bid Other”, and 2 did not give a reason for the no bid. The capabilities of not responding are unknown as they just stated no bid. One non-bidder was capable on the last delivery order.
8. Other Facts: All hardware/software operating on WSMR’s TIN must be compatible with the current architecture and infrastructure, which is a Ciena Packet Switching technology. The Ciena technologies used for communication are propriety protocols developed and maintained by Ciena, therefore other manufacturer’s products will not be compatible with the existing hardware and software because they must be able to use the same protocols to communicate.
a. Procurement History:
b. Other Facts: Failure to award the contract using Ciena support, licenses, and software will soon cause an outage of multiple networks that are transported by the Ciena DWDM network. Those networks include the following: TSN (Missions), WSMRnet (Admin and MET), and NIPRnet.
c. Based on competition of multiple vendors that carry the brand name Ciena equipment, the lowest price technically acceptable will ensure fair and reasonable pricing in the CHESS ITES-3H contracting vehicle.
Contract number, awarded Contractor: W9115123F0231 26 June 23 Wildflower International.
Description of requirement: Ciena Technical License Method of procurement: CHESS Contract type: FFP Delivery Order.
Period of performance: 12 Months Total awarded amount: $394,412.81 Number of option periods: None Number of Offerors: WSTC completed one tech eval.
Source Selection Method: LPTA Basis for fair and reasonable pricing: Competition Authority previously cited FAR 16.505(a)(4)
Contract number: W9115123F0012, awarded contractor: Dynamic Systems 7 November 2022.
Description of requirement: Provide Ciena equipment to install DWDM infrastructure Method of procurement: CHESS Contract type: Delivery Order Delivery requirements: Supply delivery Total awarded amount: Approximately $173,112.42 Number of option periods: None Number of Offerors: 1 Tech eval completed Source Selection Method: LPTA Basis for fair and reasonable pricing: Competition
9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.
Alejandro Salazar Electronics Engineer
10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.
Ernesto Arellano Chief Transmission Services Division
11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.
This determination will be made using the following: ☐ cost analysis ☐ price analysis ☐ should cost ☐ IGCE audit: identify the audit type ☒ other: identify the methodology or combination of methodologies that will be used:
IGE, Market Research, RFI on CHESS
As a part of this basis, certified cost or pricing data:
☐ will be required.
☐ will not be required and the following exception applies (FAR 15.403):
☒ Prices that will be agreed upon are based on adequate price competition.
☐ Prices that were established during the original competition that are not subject to negotiation.
☐ Prices that will be agreed upon are based on prices set by law or regulation.
☒ A commercial item is being acquired.
☐ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.
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