Loren Data's SAM Daily™

FBO DAILY ISSUE OF JULY 01, 2012 FBO #3872
DOCUMENT

R -- Symantec Netbackup Software Licenses - Attachment

Notice Date

6/29/2012
 

Notice Type

Attachment
 

NAICS

541519 — Other Computer Related Services
 

Contracting Office

Department of Veterans Affairs;Technology Acquisition Center;260 Industrial Way West;Eatontown NJ 07724
 

ZIP Code

07724
 

Solicitation Number

VA11812Q0235
 

Archive Date

6/27/2012
 

Point of Contact

Joseph Pignataro
 

E-Mail Address

8-5544<br
 

Small Business Set-Aside

N/A
 

Award Number

NNG07DA46B VA118-12-F-0134
 

Award Date

3/20/2012
 

Awardee

ALVAREZ & ASSOCIATES, LLC;8601 GEORGIA AVE STE 510;SILVER SPRING;MD;209103476
 

Award Amount

$22,189.24
 

Description

JUSTIFICATION AND APPROVAL FOR AN EXCEPTION TO FAIR OPPORTUNITY 1.Contracting Activity: Department of Veterans Affairs (VA) Office of Acquisition and Logistics Technology Acquisition Center 260 Industrial Way West Eatontown, New Jersey 07724 2.Description of Action: The proposed action is for a firm fixed-price (FFP) Delivery Order (DO) issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SEWP) IV Government Wide Acquisition Contract (GWAC), for renewal of annual support and maintenance for exisiting Symantec Netbackup licenses used by the Repositories program Health Data Repository (HDR) project. The period of performance for this DO will be a twelve month base period. 3.Description of Supplies or Services: The Department of Veterans Affairs (VA) Salt Lake City Office of Information and Technology (OI&T) has a requirement for renewal of annual support and maintenance for existing Symantec Netbackup licenses used by the Repositories program Health Data Repository (HDR) project. The Repositories Program supports integrated, computable, and viewable access to the patient's longitudinal health record. HDR enables providers to obtain integrated data views and acquire the patient-specific clinical information needed to support treatment decisions. HDR resides on one national platform for use by clinicians and other personnel in support of Veteran-centric care and provides a national, longitudinal data base of Veteran's clinical data that is structured, standardized and used by clinical and analytic applications. HDR provides information that is used in clinical decision-making and therefore requires proper functionality and the latest upgrades in the software products and service agreements it uses in order to meet its objective of supporting clinical decision-making. HDR has been designated a high availability system, with up time of 95% or greater and requires that any software maintenance and support be available twenty four (24) hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year (24x7x365) for phone support, patches, bug fixes, and updates. HDR utilizes Symantec NetBackup for all the backup functionality and for all test and development systems located in the Salt Lake City Office Information Field Office (OIFO). Subject procurement requests the renewal of the annual support and maintenance agreement for the existing Symantec NetBackup software. The total estimated price of the proposed action is 4.Statutory Authority: The statutory authority permitting this exception to fair opportunity is 41 U.S.C. 253j(b) as implemented by the Federal Acquisition Regulation (FAR) Subpart 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: HDR purchased backup and storage software and service several years ago. The original award was made to NetBackup. The original equipment manufacturer (OEM) is Symantec. The Symantec NetBackup software and access to the service and maintenance agreement is licensed, not sold. The supplies/services are unique or highly specialized because Symantec retains all rights, titles and interest in the software and service, including all intellectual property rights. Under the terms of the product licensing agreement, users may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the software or create derivative works from the software or service (source: Product Licensing Agreement, Section 6, Scope of License). Service subscribers receive new features to the software and service as the vendor, Symantec, makes such features available during the current service period. Symantec continually strives to improve the usability and performance of its products and services and reserves the right, at its discretion and without notice, to add, modify or remove features from the software or service at any time. Users may be required to upgrade to the latest version of the software in order for the service to continue to function correctly (source: Product Licensing Agreement, Section 8, Changes to the Service). Based on the terms of the product licensing agreement, the annual service agreement is limited to only Symantec or an authorized reseller. 6.Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. Limited competition is anticipated for the aforementioned brand name item or service. Furthermore, in accordance with FAR 5.3, the contract award will be synopsized on the Federal Business Opportunities (FBO) Page. In addition, this Justification and Approval (J&A) will be made publicly available on the FBO Page. 7.Actions to Increase Competition: Although the Government is limiting competition as a result of specifying a brand name, there are thirty-five (35) authorized resellers of these products on the NASA SEWP IV contract. Competition for this requirement among these vendors is anticipated. Any proposals received will be evaluated. Furthermore, in accordance with FAR 5.3, the contract award will be synopsized on the Federal Business Opportunities (FBO) Page. In order to remove barrier to competition for future acquisitions, the agency will work with the program office to perform additional market research to consider alternate software solutions. 8.Market Research: Market Research was conducted in September 2011 to confirm whether the OEM owns or licenses the required software and services. Since Symantec states in its Product Licensing Agreement that it owns all of the software and code, only Symantec or an authorized reseller of the product can provide the service being requested. No other brand will meet the Government's requirements. Further Market Research was conducted February 27, 2012 utilizing the NASA SEWP IV Product Verification and Manufacturer Lookup tool and it was determined that there are thirty-five (35) vendors offering Symantec software maintenance product lines as follows: six (6) value added resellers (VARs) and computer system original equipment manufacturers (OEMs), seven (7) service-disabled veteran-owned small businesses (SDVOSBs), twelve (12) small business set-aside VARs, and ten (10) VARs. As a result, the research determined there is adequate competition among the resellers. Per the terms of the NASA SEWP IV contract, requirements for brand name specific equipment should be solicited to all four (4) contract groups (A, B, C and D) in order to fully notify all interested parties. However, since there is adequate competition among small businesses, quotes will only be accepted from Groups B (service-disabled veteran-owned small businesses) and C (small businesses). 9. Other Facts: The required annual maintenance for the Symantec software was previously purchased under NASA SEWP IV order number VA118-11-F-0464 on September 23, 2011.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/e2f03a509c9365a5bdcf689c8760e6bf)
 

Document(s)

Attachment
 

File Name: NNG07DA46B VA118-12-F-0134 NNG07DA46B VA118-12-F-0134_1.doc (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=386276&FileName=NNG07DA46B-010.doc)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=386276&FileName=NNG07DA46B-010.doc

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN02791050-W 20120701/120629235444-e2f03a509c9365a5bdcf689c8760e6bf (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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