P03JARedacted.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

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 Cisco Voice Systems (VS) hardware and installation services.

3. Description of the Supplies or Services: VA, Office of Information and Technology, Information Technology Operations and Services (ITOPS), Unified Communications Infrastructure Support requires an update and expansion of the existing Voice Systems throughout all sites in VISN 10. The requirement will include Cisco telephones, voice and analog gateways, and all incidental hardware and software. In accordance with the

VA Enterprise Unified Communications Plan VA OIT, ITOPS requires VA sites integrate into one seamless voice system infrastructure. VISN 10 requires Cisco hardware and installation to allow sharing of VS resources (i.e., one voicemail system), call transfer capability, as well as centralized VS management. The new VS must seamlessly interface via Simple Internet Protocol with VA’s existing Cisco Session Manager Edition (SME) at each VISN 10 site in order to route local and long distance calling over the VA infrastructure backbone.The upgrade of existing equipment and expansion of equipment to these sites is needed to support VA’s functional requirements, such as having Gigabit

Ethernet passthrough in order to supply Desktop Computers the required bandwidth to run newly developed applications for Electronic Health Records Management. The Contractor will provide a Cisco VS platform replacement utilizing a phased installation approach. As part of the VS platform replacement, the Contractor will supply all hardware, and perform installation, pre-cutover, cutover, and acceptance activities.

The period of performance shall be 12 months from the date of award with a total estimated value of $14,535,516.18.

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 document, it was determined that limited competition is available among resellers for the required brand name Cisco VS platform. Because of VA’s shift to Cisco interfacing systems, specifically the Cisco SME, only Cisco or a reseller can provide the necessary hardware and installation needed for the replacement of existing equipment in each site to the required Cisco VS currently

VISN10 Cisco Upgrade Control Number: VA-21-00016821 deployed throughout the VA voice network. No other source is capable of providing the required VS hardware and installation that meets VA’s unique functional requirements.

Specifically, the sites must be able to connect to and communicate with the Cisco SME, which were deployed regionally over the last few years, to be able to communicate with each other and more than 50 other sites already set up. Currently, sharing of VS resources, to include one voicemail system, ability to transfer calls and voicemails across sites is not possible. Because Cisco operates within its own proprietary constraints, no other brand name product or services can communicate with the regional Cisco SME and currently fielded devices as required by VA. Routers, switches, licenses and other identified equipment must be fully electronically, logically (software), and physically (hardware) compatible with Cisco. Acquisition of different brand name

VS products would require replacing the currently fielded regional Cisco SME and various Cisco devices and software resulting in extensive delivery delays and duplicated costs that would not be recovered through competition. Specifically, the compatibility and interoperability issues would prove insurmountable from a technical and operational standpoint. In addition, VA will leverage existing Cisco licenses to support the new Cisco Unified Communications Manager VoIP VS, eliminating the need for reprocurement of these licenses. Using any other brand name VS would require replacing currently fielded Cisco licenses, as well as the costs previously mentioned, resulting in a duplicated cost of more than $47,677,200.00. This estimate is based off previous acquisitions of Cisco infrastructure, Trusted Internet Connection gateways and licensing.

Additionally, as only Cisco or a reseller has access to the proprietary database and structure specific to the expansion requirement to interconnect with the current infrastructure, i.e. Cisco SME, currently in place at VA only a Cisco or a reseller can perform the installation services of Cisco brand name equipment.

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. However, the undersigned VA technical representative determined that limited competition is available among authorized resellers. 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 SAM 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 Government’s technical experts conducted market research during January 2020, and then again in August of 2020, by reviewing similar VS platforms to ascertain if other brand solutions could meet VA’s functionality requirements. Specifically, the Government’s technical experts conducted web-based research on alternative manufacturers, such as Avaya and NEC; however, the Government’s technical experts determined that neither provider can meet VA’s functional, interoperability, and compatibility requirements as outlined in Section 5 of this document. Therefore, the Government’s technical experts determined that there is presently no other VS solution available in the marketplace that can meet VA’s requirement. In addition, VA networking subject matter experts regularly review industry trade publications and conduct internet research to ascertain if any other brand name hardware or software is available that is able to meet VA’s specific functional, interoperability, and compatibility requirements. Therefore, based on these market research efforts, the Government’s technical experts have determined that only the Cisco brand name VS can meet all of the VA’s needs.

The Contract Specialist (CS) conducted market research in December 2020 by using the NASA SEWP V GWAC market research tools to determine what vendors are capable of meeting 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.

James K. Rowlan Contracting Officers Representative Date: ______________________

Program Manager 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 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.

Ty Senour 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 Cisco VS solution on an other than fair opportunity basis pursuant to the authority cited in paragraph 4 above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition.

Date: ____________ Signature: _________________________________

Efrain Fernandez Advocate for Competition

Strategic Acquisition Center Office of Procurement, Acquisition, and

Logistics