Redacted_Cisco WAP Exception to Fair Opportunity under FAR Part 16_Redacted.pdf

Justification of Exception to Fair Opportunity under FAR Part 16.505

In accordance with FAR 16.505(b)(2)(ii), Contracting Officers may solicit from limited sources if the Contracting Officer determines one of the exceptions listed at FAR 16.505(b)(2)(i) applies.

1. Identification of the agency and the contracting activity:

Uniformed Services University of the Health Sciences (USUHS), Acquisitions Directorate

(ACQ).

2. Nature and/or description of the action being approved:

Issuance of a Sole Source award to CDW-G via NASA SEWP V for Cisco Wireless Access and Installation Services.

This is a follow-on contract for the provision of specialized services and products provided under BPA HU000118AEV39. It is in the Government’s best interest to issue a FFP task order to CDW-G for the continuation/completion of this critical project via NASA SEWP V.

3. Description of the supplies or services required to meet the agency’s needs (including estimated value):

The Uniformed Services University of the Health Sciences operates under a complex network infrastructure to support internal and external network access. A major component of the infrastructure is the ongoing upgrades, programming, WAP design documentation, labeling, and the provision of an on-site Project Manager and on-site technical project lead for the Cisco Wireless Access and Installation services.

4. Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

The exception to fair opportunity is FAR 16.505(b)(2)(i)(G). This order satisfies an exception permitting the use of other than full and open competition.

CDW-G installed the original equipment and provided updates and programming services in support of this project. Any deviation from the original design and programming codes currently in place would lead to degradation or disruption of numerous current wireless services and upgrades, as well as leading to problems with repairs. Award to any other contractor would result in, among many other circumstances, the changing of layouts of newly or recently installed network equipment leading to the degradation and disruption of current network systems, preventing the provision of adequate troubleshooting or repair services when required. An award to CDW-G would provide continuity with this ongoing project and services, and prevent unacceptable risks to the Government. CDW- G is the only contractor with intimate knowledge and experience with this project and current system requirements to ensure a seamless transition without unacceptable risks to the Government.

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5. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Prices of IT products and services on the NASA SEWP website are determined to be fair and reasonable at the contract level. The reasonableness of proposed pricing was established in accordance with FAR 15.403-1(c)(1)(i)(B) and based on adequate price competition.

Additionally, all proposed pricing will be evaluated for fair and reasonableness. The methods of price evaluation could include, but are not limited to, competition, catalog prices, historic data and price lists available. Therefore, the anticipated cost to the Government will be determined fair and reasonable prior to award.

6. Any other facts supporting the use of other than full and open competition:

None.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made:

The Government will continue to monitor the marketplace to attempt to remove the current barriers to open competition. However, currently, only an award to CDW-G to continue the provision of these products and services currently meet all of the Government’s needs.

Certifications

Technical/Requirements Personnel: Joel Robertson, Director, Network Operations and Communications, USUHS

As evidenced by the signature below, the technical/requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.

Signature Date

Contracting Officer: Tina Guillot

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief, and I have determined that the anticipated cost to the Government will be fair and reasonable.

Signature Date

XX Approved ☐ Disapproved

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