SOLICITATION NOTICE
D -- Justification For Other Than Full And Open Competition EMC Networker Licenses This requirement will be posted on NASA SEWP IV
- Notice Date
- 5/21/2009
- Notice Type
- Presolicitation
- NAICS
- 423430
— Computer and Computer Peripheral Equipment and Software Merchant Wholesalers
- Contracting Office
- Department of Veterans Affairs, Department of Veterans Affairs Center for Acquisition Innovation (Ft. Detrick), VA CAI Ft Detrick, Department of Veterans Affairs;Acquisition Management Section/00D;1615 Woodward Street;Austin TX 78772
- ZIP Code
- 78772
- Solicitation Number
- VA-798-09-RQ-0037
- Response Due
- 5/27/2009
- Archive Date
- 8/4/2009
- Point of Contact
- Sandra Smith 202-461-0730Paschal Dawson III 202-461-0754<br />
- E-Mail Address
-
sandra Smith
(sandra.smith346ede@va.gov)
- Small Business Set-Aside
- N/A
- Description
- Justification and Approval for Other than Full and Open Competition-Brand Name Justification RENEWAL OF EMC NETWORKER LICENSES In accordance with FAR 6.302-1(c), FAR 11.105, and VAAR 811.104 the following brand name justification is provided. It is requested that sufficient documentation be provided to allow evaluation of the proposed solution to meet the Governments requirements. 1. Contracting Activity: Veterans Health Administration (VHA) Office of Information VA Cleveland Business Center Office of Information Service Center Building 3 1000 Brecksville Road Brecksville, Ohio, 44141 Acquisition Management Section Agency Activity: Department of Veterans Affairs Office of Acquisition and Materiel Management Center for Acquisition Innovation - Austin 1615 Woodward, Austin, TX 78772 2. Nature of Action Being Approved: The brand name justification is for the FY09 follow-on support of the timely renewal of EMC Networker licenses that are currently utilized at the Bay Pines Office of Information Field Office (OIFO) to backup and restore Weblogic application servers and Oracle database systems on all development and testing servers utilized by the Common Services development and Service Quality Assurance (SQA) staff. These Application servers and databases are critical in many different development and SQA efforts and timely renewal of the subscription/maintenance will ensure continued backup of corporate data, application technical support, and access to required updates to stay compatible with the RedHat Linux and Oracle licenses. 3. Description of Service and Supplies: The EMC Networker licenses are critical to ensuring continued backup of corporate data, application technical support, and access to required updates to stay compatible with the RedHat Linux and Oracle licenses running on computer servers located in the development environment at the Bay Pines (BP) Office of Information Field Office (OIFO). The EMC network backup system and associated application software is the currently installed network backup system for all Common Services servers located in Bay Pines OIFO Common Services portfolio. The specific software license packages include: NETWORKER FOR LINUX - BUSINESS EDITION SERVER - 12 MOS NETWORKER MOD FOR ORACLE ON LINUX - 12 MOS NETWORKER CLIENTPAK FOR UNIX - 12 MOS NETWORKER AUTOCHANGER SOFTWARE 1-9 SLOTS - 12 MOS NETWORKER MOD FOR ORACLE CLT ORACLE 8 & LATER UX - 12 MOS NETWORK CLIENT CONNECTIONS - 12 MOS NETWORKER SERVER NETWORK EDITION - LINUX - 12 MOS Total value anticipated: $13, 261.50. 4. Statutory Authority: FAR 6.302-1(c) Only one responsible source and no other supplies or services will satisfy agency requirements. (a) Authority. (1) Citations: 10 U.S.C. 2304(c) (1) or 41 U.S.C. 253(c) (1). (c) Application for brand name descriptions. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. It shall be justified and approved in accordance with FAR 6.303 and 6.304. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. See 5.102(a)(6) for the requirement to post the brand name justification. (Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.) 5. Rationale Supporting Use of Authority Cited Above: As described in Sections 2 & 3 above, this procurement is essential to the government's requirement. EMC is the only manufacturer allowed to provide the services identified above for these licenses. Procuring an alternative product instead of updating the license support for EMC Network would result in substantial duplication of costs through reprocurement, installation, and training, and it is not likely to be recovered through competition among other products. In addition, the Government does not currently have the knowledge, nor can the knowledge be obtained due to limited rights data, in order to update and maintain the software. 6. Description of Market Research: In addition to SEWP contract research, significant market research was conducted to determine additional means of purchasing the requested items including GSA Smart Buy, FSS, and open source research. During this research, a cursory review of available alternative products was accomplished. It was determined that no suitable alternative products could meet the requirement. Market research concluded SEWP IV to be the appropriate purchasing option and the Fair Opportunity tool built into SEWP satisfies the effort to solicit from as many sources as practicable. All SEWP orders are placed under existing IDIQ (indefinite delivery, indefinite quantity) contracts, and thus, are not required to be synopsized pursuant to FAR 16.505. FAR 16.505(b)(1)) provides that each contractor shall be given a fair opportunity to be considered for each order exceeding $3,00 issued under multiple delivery-order contracts. The Contracting Officer shall utilize the SEWP-IV RFQ tool, which automatically includes the contract holders within a selected class in the RFQ/Search process, to solicit vendors. The SEWP IV Government Wide Acquisition Contract (GWAC) is composed of five (5) groups of contracts. At a minimum, to provide Fair Opportunity as required by FAR Part 16, all contract holders within any one individual group must be provided the opportunity to quote. 7. Determination of Fair and Reasonable. The VA will evaluate the quotes based upon Lowest Price Technically Acceptable (LPTA). It is anticipated that two or more offerors will be received, and therefore a fair and reasonable price determination will be made, in accordance with FAR 15.101 and FAR 15.101-2, by evaluating competitive quotes that propose at least the same price or lower. Price competition is also expected from authorized resellers. Technical acceptability will be determined by vendors who offer the brand name. 8. Other Supporting Data: Market research indicated that the requirement is available on the SEWP IV GWAC. The requirement shall be solicited under SEWP IV pursuant to the memorandum issued by Robert T. Howard, Assistant Secretary for Information and Technology, on June 1, 2007. The memorandum instructs VA offices to use the SEWP IV contract for all IT acquisitions as of June 15, 2007. 9. Any other facts supporting the use of other than full and open competition: None 10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition: None. 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. a) Re-procurement of licenses other than EMC, which would duplicate the cost of the licenses, installation, and training. b) Procurement of unlimited data rights, and training or procuring knowledge within the Government to supply the required services. This alternative is not currently available since EMC owns all rights to the software currently. The agency will continue to monitor the usefulness of EMC Network and the agency's satisfaction with the vendor's performance of software and support services. Should the current product and/or the maintenance and support services fail to meet the government's requirements, competition will be sought in future acquisitions of this product. 12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief. I certify the supporting data, including the statement of the Government's minimum needs and other rationale for other than full and open competition, is complete and accurate to the best of my knowledge. (FAR 6.303-1(b)) _________________________________ __________________ Technical/Requirements Representative Date I certify that this justification is accurate and complete to the best of my knowledge and belief. (FAR 6.303-1(a), 6.303-2(a)(12)) Since this contract does not exceed $550K, this certification serves as APPROVAL. (FAR 6.304(a)(1)) _________________________________ _________________ Kari Cozzens Contracting Officer Date
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