P03 JA_PR_HAIVISIon_v2 - FAR 16.5 - signed Redacted_Redacted.pdf

Control Number VA-24-00015715

JA Template - FAR Part 16.5 _FEB_26_2021

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 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 Haivision software, hardware and support plan.

3. Description of the Supplies or Services: VA, Office of Information and Technology (OIT), Information Technology Workforce Development (ITWD) has a requirement for the upgrade for Haivision hardware, software and support. The required support services will provide ITWD employees access to software support for both hardware and software services. This is required for continued use of the Haivision Video Technology. The period of performance shall be thru June 17, 2029. The total estimated value of the proposed action is .

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: The required brand name for the aforementioned Haivision hardware, software and support is Haivision. Haivision is the sole developer of this software and provider of software support for this system. VA requires a system that is compatible with existing AV system and equipment to ensure continued functionality. Should compatible system not be selected, video presentation capabilities will cease to function, drastically reducing the functionality of the training space. Only Havision software and equipment is compatibable with other Havision software and equipment due to proprietary software and protocols utilized by Havision.

To utilize any other video technology a full replacement of already owned VA equipment, inclusive of; Alpha, Digital Multiplexer, and potentially displays, cameras and amps would need to be replaced or modified. Replacement of this hardware is estimated to be at least which would not be recovered through competition. Further replacement and installation of this hardware is estimated to take up to 30 days.

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6. Efforts to Obtain Competition: Market research was conducted, details of which are in section 8 of this justification. While other vendors would be able to supply the equipment needed for the upgrade, the software that is involved is proprietary to Haivision. Also if another vendor other than Haivision was to do the installation of the equipment the entire system would need to be recertified by Haivision in order to comply with the current support contract that is in place with Haivision. However, the undersigned VA technical representative determined that limited competition is available among authorized resellers for brand name hardware and software. 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 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 market place that would enable future actions to be competed.

8. Market Research: The software that is used in the current system is developed by Haivision. They are the sole developer and support center for this application. VA conducted web based market research by searching the websites of Hiperwall and Christie among others starting in March of 2024 and re-reviewed I June 2024. Though their products provide similar services, the entire system would need to be recertified by Haivision to comply with the current support contract that is in place with Haivision. Also if any programming would need to be performed on the Haivision system, the software is Haivision product which is proprietary to Haivision.

9. Other Facts: None.

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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 comparison with commercial catalogue prices.

12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. As this contract action does not exceed $750,000, this document serves as the contracting officer’s basis for using an exception to the fair opportunity process in accordance with FAR 16.505(b)(2)(ii)(A).