Description
DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1. Contracting Activity: Department of Veterans Affairs, VBA, HQ Contracting Activity This prospective service agreement is administered by the VBA HQ Contracting Activity (0010E). The funding has been secured by the following appropriation and account symbol: 3630151.001 3096-2580 OC 396 (Detroit Regional Office). In accordance with FAR 6.302-1 Justifications-Content, the following information is provided as part of this justification. The responses below are numbered to match each subpart contained in each respective FAR reference. 2. Nature and/or Description of the Action Being Processed: This prospective action being approved is to proceed with issuing a firm-fixed service agreement contract to Liebert Global Services, Inc. to provide the necessary means to conduct Uninterruptible Power Source (UPS) system's preventative maintenance on a semi-annual basis. This action will be a new contract identified as VA329-13-F-0025 by using other than full and open competition as written by the FAR. 3. Description of Supplies/Services Required to Meet the Agency's Needs: The service required by Detroit Regional Office through the requesting IT Staff is to provide preventative maintenance measures on its current UPS system and its batteries. The estimated dollar amount for the base year and four option years totals an estimated $38,760.00. The Detroit Regional Office UPS preventative maintenance shall be conducted through a semi-annual basis to include an emergency response time of four hours after placing a call into the emergency contact. This emergency response time should be available to the Veterans Affairs 24 hours/7 days/week, 365 days a year. 4. Statutory Authority Permitting Other than Full and Open Competition: (X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1; ( ) (2) Unusual and Compelling Urgency per FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3; ( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6; ( ) (7) Public Interest per FAR 6.302-7; 5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): a. Only One Responsible Source (FAR 6.302-1) - The current UPS equipment can only have maintenance performed by Liebert Services as they hold propriety rights to the machine parts and maintenance. Liebert has not authorized nor appointed any third parties to perform maintenance services, or equipment replacement. The UPS equipment, a mission-critical piece of gear, is vitally important to sustain our IT network. The UPS system is an integral part of VA overall mission to service veterans and serve as the backbone of productivity. If maintenance and support is discontinued, it could result in a catastrophic data loss and productivity. 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Liebert has not authorized nor appointed any third parties to perform maintenance services, or equipment replacement. At this moment, the only potential source of maintenance is Liebert Services. 7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost of this purchase shall be determined fair and reasonable with the use of a should-cost analysis and acquisition history. The should-cost analysis will be completed by gathering historic acquisition data. The data will be analyzed, comparing what was paid previously to current charges. Current economic conditions will be considered. Market research information will be collected and analyzed, providing comparison of similar requirements cost. The percentage ratio of what the unit cost Liebert UPS, compared to what the price quote is, will be calculated, to determine if the quoted price is within industry standards. Because of the estimated cost being $38,760.00 there will be no requirement for certified cost or pricing data, technical evaluations, or audits, but the contractor will be requested to explain how they have arrived at their price, and what discounts they are providing off commercial list price. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Due to the fact that Liebert holds proprietary rights to the UPS equipment and its maintenance, as well as the fact that Liebert has not authorized or appointed any third parties to perform maintenance services, or equipment, market research for another vendor to provide maintenance on the UPS system was not possible. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Currently, there are no additional pieces of supporting information to this agreement. 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Liebert Global Services 11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: The Detroit Regional Office is requesting that the UPS maintenance be continued for more than one year, due to the life-cycle of the UPS hardware/software still being operational. However, during the next two or three years, it may be appropriate to replace the thirty batteries with the UPS unit. VBA will review the UPS operation and maintenance costs and examine if, at that time, a new acquisition should be completed. 12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Yvonne Fisher Date Support Services Division Chief Detroit Regional Office 13. Approvals in accordance with FAR 6.304 a. Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Kathy Allen Date Contracting Officer Togus Regional Office