DOCUMENT
D -- E-FOIA Extension - Attachment
- Notice Date
- 10/28/2016
- Notice Type
- Attachment
- NAICS
- 541519
— Other Computer Related Services
- Contracting Office
- Department of Veterans Affairs;Technology Acquisition Center;23 Christopher Way;Eatontown NJ 07724
- ZIP Code
- 07724
- Solicitation Number
- VA11817Q1759
- Archive Date
- 2/4/2017
- Point of Contact
- Amy Schmalzigan
- Small Business Set-Aside
- N/A
- Award Number
- NNG15SD26B VA118-17-F-1735
- Award Date
- 10/28/2016
- Awardee
- THUNDERCAT TECHNOLOGY, LLC;1925 ISAAC NEWTON SQ STE 180;RESTON;VA;20190
- Award Amount
- $581,364.48
- Description
- On October 28, 2016, the Technology Acquisition Center awarded Delivery Order VA118-17-F-1735 under the terms and conditions of National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V contract NNG15SD26B with ThunderCat Technology (ThunderCat), located at 1925 Isaac Newton Square Suite 180, Reston, VA 20190. ThunderCat will be providing AINS, Inc. FOIAXpress licenses and support services. The period of performance shall be November 2, 2016 through May 1, 2017, the total order value of $581,364.48. JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY 1. Contracting Activity: Department of Veterans Affairs (VA) Office of Acquisition Operations Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724 2. Description of Action: This proposed action is for a firm-fixed-price delivery order issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC) for brand name AINS, Inc. FOIAXpress licenses and support services. 3. Description of the Supplies or Services: The proposed action is to provide continued licenses and support services for the brand name FOIAXpress. The current licenses and support include 450 FOIAXpress Read-Write and 450 FOIAXpress Read-Only Licenses. The ongoing support also includes maintenance, monthly reporting and training services. In 2009, the VA acquired a license to use a Commercial Off the Shelf (COTS) product, known as the FOIAXpress with an ability to provide the requirements mandated by the amendments to the Freedom of Information Act. The FOIAXpress system is web-based, in order to comply with Executive Order (EO) 13392 and the Openness Promotes Effectiveness in our National (O.P.E.N.) Government Act, which amend the FOIA to require VA to provide more customer-oriented service by improving the management and administration of its FOIA program. 4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c)(2) 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: In 2009, the VA acquired a license to use a COTS product, known as the FOIAXpress System, with an ability to provide the requirements mandated by the amendments to the Freedom of Information Act. The current effort with Sword and Shield Enterprise Services, Inc., under SEWP IV Contract NNG07DA21B, Order VA118-13-F-0018, is set to expire on November 2, 2016. This 6-month effort will bridge the gap between the expiring effort and the planned competitive action currently in the planning stage. VA requires continued support of the FOIAXpress solution to meet the Freedom of Information Act mandates. VA requires the FOIAXpress solution be maintained in order to continue to provide for the availability of the 195,000+ records currently stored, as well as all additional records over the 6-month period of performance. The 6-month effort will also keep VA on track for its Annual and Quarterly reporting due to Department of Justice (DOJ) by the December 5, 2016 and February 5, 2017 deadlines to meet the FOIA statute reporting requirements. The existing FOAXpress solution is offered as a Software as a Service (SaaS) subscription based solution, requiring an Authority to Operate (ATO) and is offered on a FedRAMP certified cloud environment. FOIAXpress is the only electronic FOIA solution successfully provided via a commercial FedRAMP SaaS cloud to Federal agencies enterprise-wide. Any other e-FOIA solution would require a fully functioning COTS product that is capable of meeting the needs of the FOIA service for accessing the existing 195,000+ FOIA records via web/intranet and responding to the numerous FOIA requests as mandated by law. It is estimated that an alternate FOIA solution would take a minimum of three months to complete data migration from the existing FOIAXpress tool. In addition, an alternate SaaS solution would require a VA ATO be obtained. The ATO process is estimated to take at least six months depending on the complexity and nature of the environment and the process does not start until the environment is available. The migration of data would not be able to take place until such time as an ATO is achieved, and therefore it is estimated that any other source would need a minimum of nine months to provide full functionality of the FOIA requirements needed by VA. Additionally VA requires technical support for FOIAXpress, through an authorized reseller. Only FOIAXpress, through an authorized reseller, can provide the necessary software upgrades and patches because of the propriety source code required to develop and implement software updates. Since the software is proprietary, a legal restriction is placed on access to the software code that is required in order to develop upgrades and patches to the software. Without this access it is impossible for another source to modify the software code as necessary to provide the required patches and upgrades. No other source other than a FOIAXpress authorized reseller can provide the required maintenance support requirements described herein, such as assistance via phone and email, as well as all software upgrades and patches. Failure to renew the FOAIXpress software licenses and support services will result in VA being at risk of non-compliance with FOIA mandates, and unable to track and respond to FOIA requests as required by law. 6. Efforts to Obtain Competition: Market research was conducted, details of which are in section eight of this justification. This effort did not yield any additional sources that can meet the Government s requirements. It was determined that limited competition is viable among authorized resellers for the required brand name FOIAXpress software licenses and support services that hold current NASA SEWP V GWACs. In accordance with FAR 5.301 and 16.505(b)(2)(ii)(D), notice of award of this action will be synopsized and this justification will be made publicly available within 14 days of award on the Federal Business Opportunities Page. In accordance with FAR 16.505(a)(4)(iii)(A), this justification will be posted with the request for quotation on the NASA SEWP V GWAC website to notify all interested parties. 7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed. VA technical Subject Matter Experts regularly review industry trade publications and conduct internet research to ascertain if any other software is available to meet the requirements described herein. VA is currently planning a competitive action that will provide for a long term e-FOIA solution for the agency. 8. Market Research: Market research was conducted in October 2016 by releasing a Request for Information (RFI) on NASA SEWP, seeking offerors who could provide an e-FOIA solution. Three responses were received by the closing date of the RFI. PSI Technology a woman-owned small business, RedHawk IT Solutions, LLC a Service-Disabled Veteran-Owned Small Business (SDVOSB) and ThunderCat Technology an SDVOSB provided capability statements on October 12, 2016. All three respondents advised that they could provide an e-FOIA solution, and each responded offering the FOIAXpress solution. PSI, however, also responded with an alternate e-FOIA solution, called GovQA. PSI proposed two implementation plans with detailed timelines; however, both proposed timelines for complete data migration and customer sign-off that were beyond the required start date of November 2, 2016. As such, the Government s technical experts determined that the GovQA offering was not a viable solution as it would not meet the Government s requirements for a fully functioning e-FOIA solution with completed data migration by November 2, 2016. Based on the market research efforts, the Government s technical experts have determined that only FOIAXpress software license and support services can meet all of VA s needs. 9. Other Facts: None.
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- Document(s)
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- File Name: NNG15SD26B VA118-17-F-1735 NNG15SD26B VA118-17-F-1735_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3081287&FileName=NNG15SD26B-074.docx)
- Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3081287&FileName=NNG15SD26B-074.docx
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- File Name: NNG15SD26B VA118-17-F-1735 NNG15SD26B VA118-17-F-1735_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3081287&FileName=NNG15SD26B-074.docx)
- Record
- SN04315342-W 20161030/161028233951-f0d4e5561425782d23b33311993ea6d2 (fbodaily.com)
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