SOLICITATION NOTICE
76 -- Annual Subscription
- Notice Date
- 9/12/2008
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 511199
— All Other 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-0014-2009
- Response Due
- 9/18/2008
- Archive Date
- 10/3/2008
- Point of Contact
- Kristina M Sullivan,, Phone: 202-616-6150
- E-Mail Address
-
k2sullivan@bop.gov
- Small Business Set-Aside
- N/A
- Description
- RFQ-NAS-0014-2009, NAICS Code: 511199 The Federal Bureau of Prisons (BOP) intends to award a sole source contract action to West Publishing Corporation for the acquisition of six annual software licenses and maintenance services for the American Jurisprudence, CD-Rom version, subscription. 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-0014-2009. The Provisions and Clauses incorporated are those in effect through Federal Acquisition Circular 2005-26. This requirement will be awarded as a firm fixed price contract. The government intends to negotiate on a sole source basis with West Publishing Corporation, 610 Opperman Drive, Saint Paul, Minnesota 55123-1340. This requirement is for the annual support and maintenance services for the American Jurisprudence software. The requirement shall include the annual software maintenance, software updates and enhancements, and access to West customer support and services which is essential to the BOP's inmate law libraries. 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 required to ensure the continued operation of the system for the six BOP institutions that currently have the software. 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 (April 2008); 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (June 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 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 2008) 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 (June 2008). All quotes shall be submitted to the address listed no later than September 18, 2008 at 12:00 pm., EST. All quotes shall be clearly marked with RFQ-NAS-0014-2009. 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 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 has a requirement to renew six annual software subscriptions for West Publishing Corporation's American Jurisprudence CD-Rom version. The American Jurisprudence software provides six BOP institutions various law publications for the inmate law libraries. 3. Description of Supplies and Services Required to Meet the Agency's Needs - Inclusive of the Estimated Value - The BOP requires six annual software subscriptions for the American Jurisprudence. The software subscription will consist of six CD-Rom's which will allow one user per CD-Rom access to the law publications. The renewal of the American Jurisprudence software will provide inmates access to the law publications as required by BOP's Program Statement (P.S.) 1315.07. The estimated value of the annual subscription is $32,961.60. 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 the use of the law publications at each of the six institutions. American Jurisprudence provides access to various law publications for the inmate law libraries. The BOP must provide inmates access to various law publications as stated in BOP's P.S. 1315.07. Without the renewal of the American Jurisprudence subscription, the BOP will not be supporting the above referenced Program Statement. The agency's need for the American Jurisprudence CD-Rom subscriptions can only be provided by one source. West Publishing Corporation owns the propriety rights to this software. The services required are not available from another source. 6. Efforts to Obtain Competition - Market research was conducted to determine if any authorized resellers could provide the American Jurisprudence CD-Rom subscriptions, but the software is proprietary to West Publishing Corporation and they do not have any authorized resellers. Through market research, West Publishing Corporation is the only firm eligible to provide the required subscription, therefore, competition could not be obtained. 7. Contracting Officer's Fair and Reasonable Cost Determination - A review of West Publishing Corporation's proposed price was completed by the Contracting Officer. Based on market research, it was determined that the company's established pricing is the same for Government and Corporation subscribers. The price offered by West Publishing Corporation is considered fair and reasonable based on market research, historical data, and previously paid prices. 8. Market Survey - Market research was conducted to see if West Publishing Group had any authorized resellers that could offer the product that the BOP needs to fulfill this requirement. The result of the research conducted confirms that West Publishing Group is the only one vendor that can fulfill this requirement. 9. Other Factors - The subscription service is required to maintain the American Jurisprudence CD-Rom license to enable inmates to conduct legal research in the inmate law libraries at the BOP's institutions. Not renewing this subscription would not adhere to the BOP's P.S. 1315.07, as this software is necessary to provide the inmates with various law publications. 10. List of Sources - West Publishing Group owns the proprietary rights to the American Jurisprudence subscription software. 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 Sullivan, Contract Specialist, National Acquisition Section 13. Requirements Certification - I certify that the supporting data under my cognizance which are included in this Justification are accurate and complete to the best of my knowledge and belief.//s// Denise Lomax, BOP Librarian, Information, Policy and Public Affairs Division 14. Concurrence - I certify that the above justification is accurate and complete to the best of my knowledge and belief.//s// Donald G. Sinsel, Senior Contract Specialist, National Acquisitions Section
- Web Link
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- Place of Performance
- Address: Federal Bureau of Prisons, (16 institutions located throughout the United States), Washington, District of Columbia, 20534, United States
- Zip Code: 20534
- Zip Code: 20534
- Record
- SN01669687-W 20080914/080912224041-2edcc051662136e279a7ecc741f4eb62 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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