J A_-_TEMPEST_VPO_Modernization_IDIQ_(June_FY13).docx

DoS Justification and Approval for Other Than Full and Open Competition – VPO Modernization

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. The Department of State (DoS) Office of Acquisition Management (A/LM/AQM) is conducting this acquisition for TEMPEST video telecommunications equipment on behalf of the DoS Video Program Office (VPO). The estimated value is $__________ over a 5 year period.

2. Nature and/or description of the action being approved: New multiple-award indefinite-delivery indefinite-quantity contract for comprehensive, enterprise-wide TEMPEST video telecommunications (VTC) information technology (IT) equipment (supplies) and ancillary services (e.g. design, installation), a portion of which shall specify a brand-name product (Cisco) that the Department of State may standardize on for the long term. This justification covers only the portion of the acquisition which is brand-name.

3. A description of the supplies or services required to meet the Department’s needs: The DoS IRM has a requirement to modernize its technologies, capabilities, and functionality to bring Secure VTC equipment that can be managed by the Video Program Office (VPO) Cisco TMS 8000 series system. In order to fully modernize the VPO, the Government must consider its core business functions of Secure VTC (SVTC).

The current VPO infrastructure consists of a Cisco/Tandberg Multi-point Control Unit (MCU), also referred to as a bridge, and Cisco/Tandberg Video Communications Servers (VCS). These are managed by the Cisco Telepresence Management Suite (TMS). Individual conference rooms and desktop units (end-points) make up the user-end of the infrastructure. This infrastructure allows for point-to-point and multi-point conferencing within the DoS’ OpenNet network, with up to 180 concurrent connections, as well as conferencing to outside government agencies using a Cisco VCS Expressway over Internet Protocol (IP).

The vision for the future of the VPO is to provide its customers with high-quality, secure connections to the VTC infrastructure. By utilizing effective, cost efficient technologies, DoS can meet the following goals, objectives and Key Performance Indicators (KPIs) of its IT Strategic Plan:

Goal 1 – Collaboration, Information, and Integration

Centralization and Standardization of diplomatic data.

Increased use and perceived value of innovative tools.

Goal 2 – Global Infrastructure

Standard security solutions in place for information sharing across agencies.

Number of applications that leverage enterprise services.

In order to reach the goals of its IT Strategic Plan, the DoS must secure technology that modernizes the core business functions of the VPO, and allows DoS to cost effectively integrate the new functions. The DoS therefore requires a comprehensive video teleconferencing solution, which must include, among other supply and service elements, video teleconferencing technology meeting the following minimum technical requirements.

Back-End Functionality

As noted in Para 5 and 8 of this document, a Request for Information (RFI) was submitted that outlined the above requirements. Of the responses, only Cisco was able to meet all requirements specified. No other available technologies were able to meet all of the requisite functionality. It is determined that only the Cisco brand video teleconferencing hardware and software were able to meet the requirements for video conferencing as stated above.

4. An identification of the statutory authority permitting other than full and open competition: 41 U.S.C. 253(c) (1) and FAR 6.302-1: only one responsible source (brand-name) and no other supplies or services will satisfy agency requirements.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The use of a brand-name description in a portion of the acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufacturer by any other company. Only the Cisco brand-name products described herein meet the Government’s needs.

The following are comparison charts for the Back-End Functionality (the infrastructure) for each technology brand presented in response to DoS Request for Information (RFI) SAQMMA12I0007. All RFI respondents were asked to provide information on the capabilities of their products based on specific criteria. Respondents were to answer in Yes/No format, but were also allowed to provide comments for clarification.

Back-End Functionality The RFI specifically listed functions required by the DoS mission, for each technology provider to respond with a yes/no compliance check. Of the 4 technology brands presented in response to the RFI, the following information was compiled:

1 - Must use a separate Gateway Server to comply.

2 - Compliance is in process, but not complete.

As shown above, the Polycomm, Vidyo, and Avaya technologies fail to meet one or more of the Department’s VTC requirements. Only the Cisco brand name solution meets all of the DoS requirements for video program modernization.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable: A FedBizOpps notice will be publicized as required by FAR Subpart 5.2 and FAR 6.302-1(d)(2). As this is a brand name only justification, no one contractor’s unique qualifications are used as the basis for this justification. Rather, the products identified by brand name herein have been identified as the only products that will meet the DoS’ requirements. Notwithstanding the brand-name limitations justified herein, the DoS shall utilize competitive procedures at FAR Part 12, Part 15, and Subpart 16.5, as applicable, to solicit and evaluate competitive proposals with the intent to award multiple indefinite-delivery indefinite-quantity contracts.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable: Prior to making contract award(s) under this acquisition, the Contracting Officer shall evaluate proposals received in response to a solicitation, in accordance with FAR Subparts 16.5, 15.3, and 15.4, as applicable, and make a fair and reasonable price determination. As required by FAR 16.505(b)(3), when placing orders, if the contract did not establish the price for the supply or service, the contracting officer shall establish prices for each order using the policies and methods in FAR Subpart 15.4.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted: In February 2012, DoS Request for Information (RFI) SAQMMA12I0007 was posted to FedBizOpps to solicit responses from industry about the various unified communications platforms available for VTC, Webinar, and voice/data options. The respondents are listed in item #10 below, and the examination of the RFI responses is summarized in item #5 above.

9. Any other facts supporting the use of other than full and open competition: The DoS currently has a complete Cisco/Tandberg infrastructure in place that leverages existing resources to enable DoS to meet its goals and objectives immediately, without the need to replace an infrastructure that the DoS has already expended millions to build and maintain.

In addition, the majority of the Intelligence Community and most of the Federal Government, including USAID, are utilizing the Cisco/Tandberg solution, which will further facilitate intra-Governmental communication and interoperation as required to fulfill the mission of DoS and other federal agencies.

Of these, Cisco/Tandberg; Vidyo; Avaya; and Polycomm were the only respondents that presented actual technologies (brands) for evaluation. The remaining companies submitted proposals that utilized the Cisco/Tandberg solution. Review and consideration of each response is summarized in item #5 above.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. In accordance with FAR 5.102(a)(6) and 6.305(b), this J&A for other than full and open competition shall be posted with the solicitation on FedBizOpps. Throughout the contract period and at least prior to exercise of each option period (if any) under this contract, the DoS shall conduct market research in accordance with FAR Part 10 and FAR 17.207(d), to ensure that continued use of the contract is the most advantageous method of fulfilling the Government’s need, price and other factors considered, and that changes to the marketplace do not warrant new competition to fulfill ongoing needs, in consideration of Government regulation and policy objectives.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

Date

Chief, Video Program Office

IRM/OPS/ITI

LEGAL SUFFICIENCY REVIEW

Assistant Legal Advisor for Buildings and Acquisitions

CONTRACTING OFFICER CERTIFICATION

I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Date

Contracting Officer

Chief, Information Systems Branch Office of Acquisition Management

APPROVALS

DIVISION CHIEF

04/24/2013

Date

Chief, IT Division

Office of Acquisition Management

PROCURING ACTIVITY COMPETITION ADVOCATE

04/25/2013

Date

Competition Advocate

Office of Acquisition Management

HEAD OF THE CONTRACTING ACTIVITY

Date

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