SOLICITATION NOTICE
D -- Annual Maintenance Renewal for Software Licenses and Stedmans Plus Medical/Pharmaceutical Spell Checker
- Notice Date
- 11/18/2010
- 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-0098-2011
- Archive Date
- 12/31/2010
- Point of Contact
- Elizabeth S. Gorman, Phone: 2026166150, Maria C. Mosher, Phone: 202-307-0985
- E-Mail Address
-
egorman@bop.gov, mmosher@bop.gov
(egorman@bop.gov, mmosher@bop.gov)
- Small Business Set-Aside
- N/A
- Description
- Request for Quote (RFQ) RFQ-NAS-0098-2011-NAICS Code: 511210; The Federal Bureau of Prisons (BOP) intends to award a sole source contract action to Wolter Kluwer Health, Inc., for the acquisition of annual maintenance renewal for 3711 software licenses for the Stedmans Plus Medical/Pharmaceutical Spell Checker, 2010 ASCII Word List, and the acquisition of an additional 344 Stedmans Plus Medical/Pharmaceutical Spell Checker, 2010 ASCII Word List for new users. This is a sole source, combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and FAR 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 a Request for Quote (RFQ) RFQ-NAS-0098-2011. The Provisions and Clauses incorporated are those in effect through Federal Acquisition Circular 2005-46(a). This will be a firm fixed price contract. The Government intends to negotiate on a sole source basis with Wolter Kluwer Health, Inc., 351 West Camden Street, Baltimore, MD 21201. The requirement is for the maintenance renewal for the acquisition of annual maintenance renewal for 3711 software licenses for the Stedmans Plus Medical/Pharmaceutical Spell Checker, 2010 ASCII Word List, and the acquisition of an additional 344 Stedmans Plus Medical/Pharmaceutical Spell Checker, 2010 ASCII Word List for new users. Services shall include all new software releases, system updates, program temporary fixes, documentation updates and toll free hotline support, twenty-four hours per day, seven days per week for system software assistance for the maintenance renewal and additional new user licenses, which is essential to the BOP's Electronic Medical Records system. The BOP will be awarding a contract in accordance with the Provisions of FAR Part 13.5. The resulting contract will be issued for one year to provide the 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 (June 2010); 52.204-7, Central Contractors Registration (Oct 2010); 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jun 2008 ); 52.222-21, Prohibition of Segregated Facilities (Feb 1999); 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246); 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793); 52.222-50, Combating Trafficking in Persons (Feb 2009); 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); 52.232-33, 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.F, 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.; Continuing Contract Performance During a Pandemic Influenza or other National Emergency (MAY 2008) During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism as our Federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to Federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services during a pandemic influenza or other emergency situation. The types of actions a Federal contractor should reasonably take to help ensure performance are: • Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. • Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option. • Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency. • Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. • Establish communication processes to notify employees of activation of this plan. • Integrate pandemic health crisis response expectations into telework agreements. • With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate. • Determine how all employees who may telework will communicate with one another and with management to accomplish work. • Practice telework regularly to ensure effectiveness. • Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties. • Identify how time and attendance will be maintained. It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer's Technical Representative, via telephone or e-mail messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations. The BOP does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Policy issuance "Emergency Acquisitions", dated May 2007 and Subpart 18.2, Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations. (End of Clause). Faith-Based and Community-Based Organizations (Aug 2005), Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. (End of Clause). Each quoter shall include a completed copy of the FAR Provision at 52.212-3, Offeror Representation and Certifications-Commercial Items (Aug 2009) with their quote or document. 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 email address egorman@bop.gov or by facsimile at 202-307-1146, no later than November 29, 2010 @ 10:00 a.m., EST. All quotes shall be clearly marked with RFQ-NAS-0098-2011. All quoters are hereby notified that if your quote is not received by the date/time and at the location specified in this notice, it will not be considered. The Point of Contact for all information regarding this acquisition is Elizabeth Gorman, Contract Specialist, at the address and phone number listed above. No collect calls will be accepted. No telephone requests or written requests for the solicitation will be accepted. 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. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Other Than Full and Open Competition.": United States Department of Justice, Federal Bureau of Prisons, Central Office, Administration Division, Acquisitions Branch, National Acquisitions and Systems Section. Requiring Office: United States Department of Justice, Federal Bureau of Prisons, Information Policy and Public Affairs Division, Office of Information Systems (OIS). 2. Nature and/or description of the action being approved: The BOP, OIS has a requirement for the maintenance renewal of 344 new users software licenses for the Stedman Plus Medical/Pharmaceutical Spell checker, 2010 ASCII Word List, and the acquisitions of an additional 3711 User's Upgrade, Stedman's Plus Medical/Pharmaceutical Spell checker, 2010 Stedman's ASCII Word List for new users. The Medical Pharmaceutical Spell checker Software is utilized and incorporated with the BOP's existing Electronic Medical Records (EMR) system. The BOP requires the Stedman Pharmaceutical Software for use with the EMR system currently in use by the BOP. The software maintenance services licenses and additional new users include: all new software releases; system updates; program temporary fixes (PTF's); documentation updates; and toll-free hot-line support 24 hours per day, seven days per week for system software assistance. 3. A Description of the supplies or services required to meet the agency's needs (including the estimated value): In accordance with FAR 6.302-1, it is determined that only one responsible source and no other supplies or services will satisfy agency requirements - (1) Citations: 41 U.S.C. 253(c)(1). The BOP requires the renewal for software maintenance and acquisition of additional licenses for the Stedman Plus Pharmaceutical Spell checker software for the EMR system. The software will be part of the current system. In addition, the EMR system is a rights protected system, and the EMR software vendor utilizes the Stedman software as the spell-check feature on the pharmacy module. The Stedman vendor, Wolters Kluwer Health, Inc., owns the proprietary rights for the Pharmaceutical Spell-Checker software and has not authorized this product to be offered for resale by other vendors. The estimated cost of the maintenance and support services are not expected to exceed $44,800.00. 4. An identification of the statutory authority permitting other than full and open competition: This acquisition is being conducted under the authority of Section 41 U.S.C. 253(c)(1). Only one responsible source and no other type of property or services will satisfy agency requirements. 5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited: This justification and approval is being submitted for approval in accordance with FAR 6.302-1, since there is only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition will be posted in FedBizOpps as a combined synopsis/solicitation. The licenses and services to be procured through this acquisition are proprietary to Wolters Kluwer Health, Inc. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies: This acquisition will be posted in FedBizOpps as a combined synopsis/solicitation. 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: A review of the proposed price was completed by the contracting officer. Based on the comparison of current and historical acquisition data for similar maintenance renewals and acquisitions of software licenses, it was determined that the quote was based on established market pricing and is acceptable to the Government. The contracting officer has made the determination that the proposed price is fair and reasonable. 8. A description of the market research conducted and the results or a statement of the reason market research was not conducted: In accordance with FAR 10.001, Market Research was conducted by both the requiring activity and the contracting officer. It has been determined that if the spell check software and maintenance services for this system is not maintained, it would be detrimental to the BOP, as the Stedman Pharmacy system controls and directs the types and amounts of medication being dispensed to the inmates. The BOP also requires additional licenses for deployment to the BOP medical offices, and to obtain software different from the current software would be detrimental to the overall operation of the BOP EMR system. The BOP will continue to conduct market surveys and make efforts to obtain competition for future acquisitions. 9. Any other facts supporting the use of other than full and open competition, such as: (1) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. 10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition: Wolters Kluwer Health, Inc., 351 W. Camden Street, Baltimore, MD 21201. 11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required: For the reasons made prior, no actions are available to the BOP which could remove competition barriers before subsequent acquisition of the required maintenance and support services. 12. Technical Certification: I certify that the supporting data under my cognizance which are included in this Brand Name Justification are accurate and complete to the best of my knowledge and belief. //s//Earl Franks, Chief, Information Technology Planning and Development. Contracting Officer Certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief: I hereby certify that this request for the Brand Name Justification is accurate and complete to the best of my knowledge and belief. //s//Elizabeth S. Gorman, Contract Specialist. Approval: I certify that the above justification is accurate and complete to the best of my knowledge and belief.//Greg Sinsel, Senior Contract Specialist, National Acquisitions and Systems Section.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/BPR/PPB/RFQ-NAS-0098-2011/listing.html)
- Place of Performance
- Address: Federal Bureau of Prisons, 320 First Street, NW, Washington, District of Columbia, 20534, United States
- Zip Code: 20534
- Zip Code: 20534
- Record
- SN02330119-W 20101120/101118234404-a2c11776940b253e91cd444823813f34 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
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