NNG15SD22B-224.pdf

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 1701 Directors Blvd., Suite 600

Austin, TX 78744

2. Description of Action: The proposed action is for a Firm-Fixed-Price 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.

3. Description of the Supplies or Services: The Department of Veterans Affairs (VA) and its administration offices (VHA, VBA and NCA) have a need for additional 750 Audiocodes Session Border Controller (SBC) perpetual licenses for each of its Trusted Internet Connection (TIC) sites. This is a firm-fixed price delivery order for the procurement of licenses, software support, training, and installation. This procurement will expand access capability of existing SBC to support teleworkers due to the need to telework imposed by the COVID emergency. The VA requires additional perpetual licenses to expand the current VoIP at the four TIC locations. Delivery shall be made 30 days after receiept of order with a total estimated price of $499,405.00.

4. Statutory Authority: Pursuant to Federal Acquisition Regulation (FAR) 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 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 current market research, as described in section eight of this justification, it was determined that limited competition is available for this procurement. VA currently uses Audiocodes SBC software to conduct VoIP communications. Each license possessed allows one VoIP communication to be conducted concurrently. The TIC sites currently own 2000 Audiocodes SBC licenses per site and require an additional 750 SBC licenses per site.

VoIP Skype commuications are being pushed to the current capacity due to the increase in telework caused by the COVID-19 pandemic. Although similar software is available, the use of another product would not be compatible with the existing Audiocodes SBC software, and would require a total SBC overhaul. This would cause complete VoIP communication downtime while new software was installed and replaced. Only Audiocodes, or a reseller, can provide the required software, due to the proprietary nature of the software. In addition, no source other than Audiocodes, or an reseller, can provide access to the installation and training support. Currently, Audiocodes is the only software that can meet VA’s needs.

Audio Codes SBC -COVID, Justification for an Exception to Fair Opportunity

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. It was determined that limited competition is viable among authorized resellers for the required solution. In accordance with FAR 16.505(a)(4)(iii)(A)(1), this justification will be provided with the solicitation to all appropriate 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 Federal Business 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 technical experts conducted market researched alternative solutions through web searches and previous procurements by reviewing similar session border controller solutions to ascertain if other brands could meet VA’s functional and technical requirements, which consisted of a review of Dialogic, ConvergeOne, and Ploycom. While solutions from alternative manufacturers exist, they do not meet VA’s requirements because only AudioCodes, or an reseller, has access to the existing proprietary software currently in place throughout the VA. Therefore, at present, there is no other solution available in the marketplace that can meet this requirement.

The Contract Specialist (CS) conducted market research in April,2020 by using the NASA SEWP V GWAC market research tools to determine what vendors can meet the requirement. Based on this market research, the CS found multiple service-disabled Veteran-owned small businesses (SDVOSB) capable of meeting the full requirement.

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.

Matthew Hammaker Contracting Officers Representative 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 because NASA SEWP GWAC prices have previously been determined fair and reasonable.

Additionally, price competition is expected among authorized resellers for this action.

Additional price analysis may be performed in accordance with FAR 15.404-1(b).

Ty Senour 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.

Ty Senour Procuring Contracting Officer Signature: __________________