D -- NS Elite/Open Link Enterprise Software Maintenance Services

RFQ-NAS-0031-2008, NAICS CODE: 541511 The Federal Bureau of Prisons (BOP) intends to award a sole source contract action to Spectrum Systems, Inc. for the acquisition of annual subscription and maintenance support services for the NS Elite and Open Link Enterprise 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-0031-2008. The Provisions and Clauses incorporated are those in effect through Federal Acquisition Circular 2005-20. This will be a firm fixed price contract. The Government intend to negotiate on a sole source basis with Spectrum Systems, Inc., 11320 Random Hills Road, Suite 630, Fairfax, Virginia 22030. The requirement is for the annual subscription and maintenance support services for the NS Elite and Open Link Enterprise software. Services shall include the annual subscription and toll free hot-line support twenty-four hours a day, seven days per week for assistance which is essential to the BOP's Open Link Enterprise system. The BOP will be awarding a contract in accordance with the Provision of FAR Part 13.5. The resulting contract will be issued for one year to provide the same software subscription required to assure 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: FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Feb 2007); 52.204-7, Central Contractors Registration (July 2006); 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2007); 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 (Feb 2006) (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 services must have: 1) legally resided in the U.S.; 2) worked for the U.S. overseas in a federal or military capacity; or 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 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 December 3, 2007 at 2:00 p.m., EST. All quotes shall be clearly marked with RFQ-NAS-0031-2008. 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 Kristina Sullivan, 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 Acquisition Regulation (FAR) Subpart 6.302-1(a)(1) and 6.302-1(a)(2) and the Bureau of Prisons Acquisition Policy Subpart 6.304(a), 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. Description of Action - Information, Policy and Public Affairs Division, Office of Information Systems has a requirement for the annual subscription and maintenance support services for the NS Elite and Open Link Enterprise software. The NS Elite software allows a personal computer to access the Federal Bureau of Prisons mainframe computer applications. 3. Description of Supplies and Services Required to Meet the Agency's Needs - Inclusive of the Estimated Value - The BOP requires the annual software maintenance services for the NS Elite and Open Link Enterprise. The software maintenance services will include twenty-four hours per day, seven days per week for system software assistance. The estimated value of the annual software maintenance is $93,700.00. 4. 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). 5. Reason for Authority Cited - The BOP requires maintenance and support for the NS Elite and Open Link Enterprise software which allows a personal computer to emulate a 3270 display device, which is required to access the BOP mainframe. Without this software, BOP personal computers would not be able to access any mainframe applications including SENTRY, National Finance Center (NFC), National Crime Information Center (NCIC), among other mainframe systems. All of these mainframes are integrated components of our daily operations at the BOP. Without the maintenance of the NS Elite and Open Link Enterprise software, access to SENTRY, NFC, NCIC and other mainframe systems will cease to exist. The agency's need for the services listed above can only be provided by one source. NetManage owns the propriety rights to this software and have only allowed Spectrum Systems, Inc. to resell the services to the government. The services required are not available from any other sources. 6. Efforts to Obtain Competition - A combined synopsis/solicitation notice will be published in the Federal Business Opportunities website, www.fedbizopps.gov, which will offer notice of the BOP's intent to award a contract on a sole source basis to Spectrum Systems, Inc. and request quotations from interested parties. 7. Contracting Officer's Fair and Reasonable Cost Determination - A review of Spectrum Systems, Inc. proposed price was completed by the contracting officer. Based on the submittal from Spectrum Systems, Inc., historical prices, and additional market research, it was determined that the quote is acceptable to the Government. This product has been retired and is no longer being offered to the current market. The price offered by Spectrum Systems, Inc. is 6% higher than the price they proposed last fiscal year, which they have offered the BOP as a legacy support due to the size and nature of the installation at the BOP. The price offered by Spectrum Systems, Inc. is considered fair and reasonable based on market research, historical data, and previously paid prices. 8. Market Survey - A combined synopsis/solicitation notice will be published in the Federal Business Opportunities website, www.fedbizopps.gov, which will offer notice of the BOP's intent to award a contract on a sole source basis to Spectrum Systems, Inc. and request quotations from interested parties. 9. Other Factors - The maintenance and service support is required to maintain the NS Elite and Open Link Enterprise software to allow access to mainframe systems. Lack of maintenance for this system would be detrimental to the BOP, as this software allow employees access to various mainframes that control and direct many aspects of the daily operations for the BOP. 10. List of Sources - NetManage owns the proprietary rights to the NS Elite and Open Link Enterprise software, and has only authorized reseller authority to Spectrum Systems, Inc. 11. Action to be Taken to Promote Future Competition - Not Applicable. 12. Contracting Officer's Certification - I hereby certify that this request for Limited Source Justification is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief. //s// Kristina M. Sullivan, Contract Specialist, National Acquisition Section 13. Technical Certification - I certify that the supporting data under my cognizance which are included in this Limited Source Justification are accurate and complete to the best of my knowledge and belief. //s// Andrew Ellis, Chief, Network Management Requirements Certification - I certify that the supporting data under my cognizance which are included in this Limited Source Justification are accurate and complete to the best of my knowledge and belief. //s// Earl Franks, Chief, Information Technology, Planning and Administration 14. Concurrence - I certify that the above justification is accurate and complete to the best of my knowledge and belief. //s// P.A. Donahue Ormandy, Senior Contract Specialist, National Acquisitions Section Point of Contact: Kristina Sullivan, Contract Specialist, National Acquisitions Section, k2sullivan@bop.gov, 320 First Street, N.W., Room 5006, Washington, D.C. 20534, Phone (202) 616-6150, Fax (202) 307-1146