SOLICITATION NOTICE
D -- SABA LMS Software Site License Renewal
- Notice Date
- 10/30/2008
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541511
— Custom Computer Programming Services
- Contracting Office
- Department of Justice, Bureau of Prisons, Acquisitions Branch, 320 First Street, NW, Washington, District of Columbia, 20534
- ZIP Code
- 20534
- Solicitation Number
- RFQ-NAS-0108-2009
- Archive Date
- 11/22/2008
- Point of Contact
- Donald G Sinsel, Phone: 202-616-6150
- E-Mail Address
-
gsinsel@bop.gov
- Small Business Set-Aside
- N/A
- Description
- The Federal Bureau of Prisons (BOP) intends to award a sole source contract action to Saba Software Incorporated for the acquisition of annual software maintenance services for the Saba Learning Management System software. This is a sole source, combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subparts 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and the Government does not intend to issue a written solicitation. This solicitation is being issued as Request for Quotation (RFQ) RFQ-NAS-0125-2008 The Provisions and Clauses incorporated are those in effect through Federal Acquisition Circular 2005-27. This requirement will be awarded as a firm fixed price contract. The government intends to negotiate on a sole source basis with Saba Software Incorporated, 2400 Bridge Parkway, Redwood Shores California 94065. This requirement is for the annual support and maintenance services for the Learning Management System software. The requirement shall include the annual software maintenance, software updates and enhancements, and access to Saba customer support and services which is essential to the BOP's learning management system. The BOP will award a contract in accordance with the Provisions of FAR 13.5. The resulting contract will be issued for one year to provide the same software subscription requires to ensure the continued operation of the system for the BOP. All responsible sources may submit a quote which will be considered by the agency. The following FAR Clauses are incorporated by reference and apply to this acquisition: FAR52.212-4, Contract Terms and Conditions - Commercial Items (Oct 2008); 52.204-7, Central Contractors Registration (Apr 2008); 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Sep 2008); 52.222-21, Prohibition of Segregated Facilities (Feb 1999); 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246); 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006)(38 U.S.C. 4212): 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793); 52.222-50, Combating Trafficking in Persons (Aug 2007); 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)(E.o.s., proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury); 52.232-18, Availability of Funds (Apr 1984); 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003). The following Bureau of Prisons (BOP) clauses are incorporated in full text: DOJ Order 2640.E, BOP Clause (June 2004) - The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system, unless a waiver has been granted by the Department of Justice, Chief Information Officer. By signing this document or beginning performance, the contractor agrees to this restriction. DOJ Residency Requirement BOP Clause (June 2004) - For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing service must have: 1) legally resided in the U.S.; 2) worked for the U.S. overseas in a federal or military capacity; 3) been a dependent of a federal or military employee serving overseas. If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm. Each quoter shall include a completed copy of the FAR provision at 52.212-3, Offeror Representation and Certifications - Commercial Items (June 2006) with their quote or document in the quote the Representations and Certifications are available on ORCA. The following FAR provision is applicable to this acquisition: 52.212-1, Instructions to Offerors - Commercial Items (Jan 2006). All quotes shall be submitted to the address listed no later than November 7, 2009 at 10:00 am., EST. All quotes shall be clearly marked with RFQ-NAS-0108-2009. All quoters are hereby notified that if your quote is not received by the date/time at the location specified in this notice, it will not be considered. The Point of Contact for all information regarding this acquisition is Greg Sinsel, Contract Specialist, at the address and phone number listed below. No collect calls will be accepted. No telephone requests or written requests for the solicitation will be accepted. Faith-Based and Community-Based Organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Pursuant to the Federal Acquisitions Regulation (FAR) Subparts 6.302-1(a)1 and 6.302-1(a)(2) and the Bureau of Prisons Acquisition Policy Subpart 6.304(c), the Federal Bureau of Prisons (BOP) has determined the use of other than full and open competitive procedures is justified for this procurement action. The following is supporting documentation in accordance with FAR Subpart 6.303-2 (Content). 1. Contracting Agency - United States Department of Justice, Federal Bureau of Prisons, Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section. 2. Requiring Office: United States Department of Justice, Federal Bureau of Prisons, Information, Policy and Public Affairs (IPPA) Division, Office of Information Systems. 3. Description of Action - The BOP, IPPA Division has a requirement for the renewal of the site license and continued maintenance/support of the Saba Learning Management Software (LMS) system, which is only available from Saba Software Incorporated. 4. Description of Supplies/Services Required to Meet the Agency's Needs - Inclusive of the Estimated Value - Saba will renew the existing LMS software license and provide additional software maintenance and support. The estimated value of the site license renewal and software maintenance/support for LMS software system is not expected to exceed $90,976.20. 5. Statutory Authority Substantiating this Action - FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements - (1) Citations: 41 U.S.C. 253(c)(1). 6. Reason for Authority Cited - The BOP currently utilizes the LMS Software for the agency's training management system. The LMS software is owned by Saba and is a rights protected system. As such, the software maintenance and support can only be acquired from the software developer. 7. Efforts to Obtain Competition - The Contracting Officer will publish the Justification for Other than Full and Open Competition and issue a combined synopsis/solicitation in the Federal Business Opportunities (fedbizopps.gov). The combined synopsis/solicitation will offer notice of its intent to award a contract on a sole source basis to Saba and request information from interested parties. 8. Contracting Officer's Fair and Reasonable Cost Determination A comparison of the anticipated prices to the Government with the published market prices of similar items was conducted by the Contracting Officer. The anticipated maintenance and support price is $90,976.20. Typically, software manufacturers charge 10% to 20% of the software purchase price for software maintenance and support. The anticipated costs for the LMS software support and maintenance fall within the range typically charged in the commercial marketplace for software maintenance and support services. Therefore, the Contracting Officer expects the price to be fair and reasonable based on established market pricing. 9. Market Survey - FAR 10.001 - Market Research was conducted by both the requiring activity and Contracting Officer. It has been determined that Saba is the only contractor with the capability to offer software maintenance and support services for the LMS system. 10. Other Factors - Saba has designed and developed the LMS software system. The LMS software system is data rights protected and may not be reproduced or utilized in any form or by any means, electronic or mechanical, without written permission from Saba. The BOP has a requirement for software support and maintenance and Saba is the only available source who can fulfill the BOP's requirement. 11. List of Sources - Saba Software Incorporated owns the proprietary rights to the Learning Management Software and is the only authorized reseller of the software. 12. Action to be taken to Promote Future Competition - Saba owns the proprietary rights to the software code. The Government can recommend the firm allow resellers to provide maintenance and support services for the Saba LMS system. 13. Technical Certification - I certify that the supporting data under my cognizance which are included in this Justification for Other than Full and Open Competition are accurate and complete to the best of my knowledge and belief. //s// Earl Franks, Chief, IT Planning and Development 14. Contracting Officer's Certification - I hereby certify this request for Justification and Approval of Other than Full Competition is made in good faith, the supporting data and information are accurate and complete to the best of my knowledge and belief. //s// Donald G. Sinsel, Contract Specialist, National Acquisitions Section 15. Concurrences - I certify that the above justification is accurate and complete to the best of my knowledge and belief. //s// Jan R. Johns, Chief, National Acquisitions Section
- Web Link
-
FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=b8a97f139de4e0aeec182b4c0cf82828&tab=core&_cview=1)
- Place of Performance
- Address: Federal Bureau of Prisons, 320 First Street, NW, Rm 354, Washington, District of Columbia, 20534, United States
- Zip Code: 20534
- Zip Code: 20534
- Record
- SN01698796-W 20081101/081030215524-b8a97f139de4e0aeec182b4c0cf82828 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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