D--FY18- Commvault Annual Software Maintenance

Agency: Department of Veterans Affairs
State: New Jersey
Level of Government: Federal
Category:
  • D - Automatic Data Processing and Telecommunication Services
Opps ID: NBD00159111205234605
Posted Date: Oct 3, 2017
Due Date:
Solicitation No: VA11817Q2226
Source: Members Only
Solicitation Number :
VA11817Q2226
Notice Type :
Award Notice
Contract Award Date :
October 1, 2017
Contract Award Number :
NNG15SD19B VA118-18-F-2262
Contract Award Dollar Amount :
$185,457.99
Contractor Awarded DUNS :
160759135
Contractor Awardee :
ALVAREZ LLC;8251 GREENSBORO DR STE 230;TYSONS CORNER;VA;22102
Synopsis :
Added: Oct 03, 2017 9:24 am
Commvault Maintenance Support

2 of 5

Commvault Software Maintenance and Technical Support



JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Acquisition Operations

Technology Acquisition Center

23 Christopher Way

Eatontown, New Jersey 07724

2. Description of Action: The proposed action is for a firm-fixed-price delivery order issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Governmentwide Acquisition Contract (GWAC) for the procurement of brand name CommVault Simpana software maintenance support.

3. Description of the Supplies or Services: The proposed action is to procure brand name CommVault Simpana software maintenance support for existing CommVault perpetual software licenses for VA Office of Information and Technology Region 2. These licenses provide redundancy and backups for critical data systems within Region 2 locations. CommVault software maintenance and technical support will ensure that patches and updates are implemented in existing software licenses and provide 24x7x365 web-based/phone technical support. The required software maintenance support shall include bug fixes, upgrade releases and enhancements, and periodic updates. The period of performance for this action is 12 months from October 1, 2017 through September 30, 2018 with one 12-month option period. The total estimated price of the proposed action inclusive of the option period is .

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is 41 U.S.C. 4106(c)(2) as implemented by Federal Acquisition Regulation (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: Based on market research, as described in section 8 of this document, it was determined that limited competition is available among resellers. As stated above, VA requires maintenance support on its existing CommVault perpetual software licenses, and only CommVault, or an authorized reseller, can provide the necessary bug fixes, upgrade releases and enhancements, and periodic updates because of the proprietary source code. No other software developer has the intellectual property rights to access and modify the CommVault Simpana source code, which is required in order to execute the needed bug fixes, upgrades and updates. Therefore, no other brand software maintenance will satisfy the Government s requirements.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. In accordance with FAR 5.301 and 16.505(b)(2)(ii)(D) the resulting contract award will be announced on the Federal Business Opportunities Page and this Justification for an Exception to Fair Opportunity will be made publicly available. In addition, this Justification for an Exception to Fair Opportunity will be posted on the NASA SEWP V website with the solicitation.

7. Actions to Increase Competition: In order to remove or overcome barriers to competition in future acquisitions for this requirement, the Government will continue to perform market research to determine if there are any new products or maintenance services available that will enable future requirements to be competed.

8. Market Research: The Government s technical experts conducted market research in April 2017 by conducting internet searches and reviews of published

technical data for backup software available from Veeam Backup and Replication, Veritas BackupExec, and EMC Avamar. As a result of the market research, the technical experts confirmed that the source code required to issue the bug fixes, upgrades and updates is proprietary to CommVault. While other backup software manufactures exist, no other manufacturers can access the CommVault source code in order to maintain the existing software. Based upon this research, the Government s technical experts have determined that only CommVault brand name software maintenance can meet all of VA s requirements.

Additional market research was conducted in June 2017 by the Contract Specialist by utilizing the Provider Lookup tool on the NASA SEWP V GWAC website which identified numerous resellers of the required Commvault software and maintenance support including 17 prospective Service-Disabled Veteran-Owned Small Business (SDVOSB) GWAC holders. Therefore, competition is anticipated on NASA SEWP V among authorized resellers of the required brand name maintenance support.

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.

Date: __________________________

Supervisor, Storage Division 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 based upon competition among NASA SEWP V GWAC holders who are authorized resellers of the required brand name Commvault Simpana Maintenance Support. Contracts awarded on NASA SEWP V GWAC include catalog prices that have already been determined to be fair and reasonable. Additionally, price analysis shall be conducted by comparing quotes to the Independent Government Cost Estimate.

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. As this contract action does not exceed $700,000, the certification below required by FAR 16.505(b)(2)(ii)(C)(1) serves as approval.

Date: ______________________

Procuring Contracting Officer Signature: ______________________
Please consult the list of document viewers if you cannot open a file.
Attachment
Type:
Other (Draft RFPs/RFIs, Responses to Questions, etc..)
Label:
Attachment
Posted Date:
October 3, 2017
https://www.vendorportal.ecms.va.gov/FBODocumentServ...
https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3830308&FileName=NNG15SD19B-122.docx
Description: NNG15SD19B VA118-18-F-2262 NNG15SD19B VA118-18-F-2262_1.docx
Contracting Office Address :
Department of Veterans Affairs;Technology Acquisition Center;23 Christopher Way;Eatontown NJ 07724
Point of Contact(s) :
Joseph.Pignataro@va.gov

joseph.pignataro@va.gov

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