SOLICITATION NOTICE
70 -- Annual Support and Maintenance Services
- Notice Date
- 10/22/2008
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 511210
— Software Publishers
- 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-0061-2009
- Point of Contact
- Pat A. Donahue-Ormandy,, Phone: (202)616-6150, Jan R Johns,, Phone: 202-616-6150
- E-Mail Address
-
bop0244@bop.gov, jjohns@bop.gov
- Small Business Set-Aside
- Total Small Business
- Description
- RFQ-NAS-0061-2009, NAICS CODE: 443120 The Federal Bureau of Prisons (BOP) intends to award a sole source contract action to Tetragon Limited Liability Company (LLC) for the acquisition of annual support and maintenance services for the Intercomm Teleprocessing Monitor. 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-0061-2009. The Provisions and Clauses incorporated are those in effect through Federal Acquisition Circular 2005-27. This will be a firm fixed price contract. The Government intends to negotiate on a sole source basis with Tetragon LLC, 57 Ira Road, Syosset, New York 11791. The requirement is for the annual support and maintenance of Intercomm software. Services shall include all new software releases, system updates, program temporary fixes, documentation updates related to Intercomm products, toll free hot-line support twenty-four hours a day, seven days per week for senior Intercomm system engineer assistance which is essential to the BOP's Intercomm Teleprocessing Monitor. 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 maintenance services required to assure daily operations at 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 (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 (Sept 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 (June 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 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. Security of Systems and Data, Including Personally Identifiable Information (MAR 2008) a. Systems Security: The work to be performed under this contract requires the handling of data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel. For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice Systems, including by not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its reviews. The use of contractor-owned laptops or other media storage devices to process of store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements: 1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; 2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; 3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism; 4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department; 5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DJB data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; 6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ; 7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; 8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information. 9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the Contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work. b. Data Security: By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR). If the data breach occurs outside of regular business hours and/or neither the CO or the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours. c. Personally Identifiable Information Notification Requirement: The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval, of the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate. d. Pass-through of Security Requirements to Subcontractors (MAR 2008) The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.(End of Clause). Information Resellers or Data Brokers (MAR 2008) Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department Contracting Officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction from the Department.(End of Clause). Each quoter shall include a completed copy of the FAR Provision at 52.212-3, Offeror Representation and Certifications -Commercial Items (June 2008) 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 (Apr 2008). All quotes shall be submitted to the address listed no later than November 4, 2008 at 9:00 a.m., EST. All quotes shall be clearly marked with RFQ-NAS-0061-2009. 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 P. A. Donahue-Ormandy, Senior 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(b), 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 annual software maintenance services for Tetragon Limited Liability Corporation (LLC) Intercomm Teleprocessing Monitor software. The Intercomm software directs and controls all transactions and terminal access to the BOP SENTRY System. 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 Intercomm Teleprocessing Monitor. The software maintenance services includes: a. All new software releases; b. System updates; c. Program Temporary Fixes (PTFs); d. Twenty-four hours per day, seven days per week for system software assistance. The estimated value of the annual software maintenance is $114,660.00. 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 Intercomm Teleprocessing Monitoring which controls the functions and abilities of the SENTRY system. Intercomm is a mainframe telecommunications transaction processing system, which directs and controls all transactions and terminal access to the BOP SENTRY system. The SENTRY system is an ongoing, steady-state, legacy system with development and enhancements done by BOP staff. SENTRY fully supports the BOP's business operations, which include inmate population monitoring, sentence monitoring, designations, central inmate monitoring, administrative remedy system, inmate discipline, and financial responsibility. Without the maintenance of the Intercomm Teleprocessing Monitor, online access to the SENTRY database will cease to exist. The agency's need for the services listed above can only be provided by one source. Tetragon owns the propriety rights to this software. The services required are not available from other sources. 6. Efforts to Obtain Competition : Tetragon LLC is the sole manufacturer and distributer of the software and has not granted reseller authority to any other vendors. Therefore, Tetragon LLC is the only source able to provide the maintenance and support services being requested. 7. Contracting Officer's Fair and Reasonable Cost Determination : A review of Tetragon LLC's open market product price schedule was completed by the contracting officer. Based on the price schedule, the price being offered by Tetragon for the service required by the BOP is approximately 55% below the established market pricing and is acceptable to the Government. In addition, historical procurement data supports the fact that software maintenance and support fees generally run 15-25 percent of the manufacturer's suggested retail price of the software. In this instance the price being offered for the maintenance and support services are lower than the standard percentage when compared to the market price of the software. Based on the data examined by the contracting officer, the contracting officer has determined the price offered by Tetragon is fair and reasonable. 8. Market Research: A combined synopsis solicitation will be published in the Federal Business Opportunities website at www.fedbizopps.gov, which will offer notice of the BOP's intent to award a contract on a sole source basis to Tetragon LLC and requested quotations from interested parties. 9. Other Factors : The services and maintenance/support is required to maintain the Intercomm Teleprocessing Monitor which incorporates the SENTRY system. Lack of maintenance for this system would be detrimental to the BOP, as the SENTRY system controls and directs many phases of transactions and interactions within the BOP concerning inmates. Tetragon LLC owns the proprietary rights to the Intercomm Teleprocessing Monitoring software. 10. List of Sources : Tetragon LLC, 57 Ira Road, Syosset, New York 11791-3504 11. Action to be Taken to Promote Future Competition : The BOP will continue to conduct market research and make efforts to obtain competition for future acquisitions when applicable. 12. 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 13. 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. 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// P. A. Donahue-Ormandy, Senior Contract Specialist, National Acquisition Section 15. Concurrence - 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, //s// Matthew D. Nace, Chief, Acquisitions Branch, //s// W.F. Dalius Jr., Assistant Director For Administration 16. Approval - //s// Darlene Ely, Procurement Executive Statement of Work Annual Intercomm Support Requirement BACKGROUND This action is for the acquisition of Annual Software Maintenance and Technical Support for the Intercomm Teleprocessing Monitor. Intercomm, a proprietary transaction processing software system from Tetragon Limited Liability Corporation, is used by the Federal Bureau of Prisons (BOP) in support of an online IBM OS/390 mainframe system. OBJECTIVES The BOP's overall objective is to provide BOP Mainframe Systems Support Staff with the technical support required to maintain, monitor and support an online 24x7 production Intercomm Multi-Region Environment. This environment is required to support the existing BOP SENTRY Inmate System, which consists of the following: 1. Intercomm Control Region; 2. Three (3) Satellite Regions, (Production, Test, Development, and Vendor); 3. Three (4) IDMS Central Version, (Production, Test, Development, and Vendor), Databases; 4. Intercomm Table Facility. SPECIFIC TASK SECTION The contractor shall provide the following services: 1. All new software releases; 2. System updates; 3. Program Temporary Fixes (PTFs); 4. Documentation updates related to Intercomm products; 5. Hot-line support 24x7, for senior Intercomm system engineer assistance. Point of Contact: P.A. Donahue-Ormandy, Senior Contract Specialist, National Acquisitions Section, pdonahueormandy@bop.gov, 320 First Street, N.W., (5006), Washington, D.C. 20534, Phone: 202.616.6150,
- Web Link
-
FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=7f9fcd5a213efd6552781500f0d9a6d5&tab=core&_cview=1)
- Place of Performance
- Address: Federal Bureau of Prisons, Central Office, 320 FIrst Street, NW, Washington, District of Columbia, 20534, United States
- Zip Code: 20534
- Zip Code: 20534
- Record
- SN01695164-W 20081024/081022215205-7f9fcd5a213efd6552781500f0d9a6d5 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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