SOLICITATION NOTICE
D -- Software modification to Monster
- Notice Date
- 8/26/2009
- Notice Type
- Presolicitation
- NAICS
- 511210
— Software Publishers
- Contracting Office
- Department of Veterans Affairs;Center for Acquisition Innovation-Austin;1701 Directors Blvd;Suite 810;Austin TX 78744
- ZIP Code
- 78744
- Solicitation Number
- VA-798A-09-RQ-0305
- Response Due
- 9/1/2009
- Archive Date
- 9/7/2009
- Point of Contact
- Brian G CoxContract Specialist
- E-Mail Address
-
Contract Specialist
(brian.cox3@va.gov)
- Small Business Set-Aside
- N/A
- Description
- LIMITED SOURCE JUSTIFICATION The Department of Veterans Affairs plans a sole source procurement to Monster Government Services for software modification services. In accordance with FAR 8.405-6 (g) the following limited source justification is provided below. i. Contracting Activity U.S. Department of Veteran Affairs Office of Acquisition, Logistics, Management, and Construction Center for Acquisition Innovation Austin (CAI-A) 1615 Woodward, Austin, TX 78772 ii. Nature and Description of Action: The Department of Veterans Affairs anticipates a sole source award to MGS off of their GSA Schedule for firm fixed price services. iii. Description of Supplies and Services: The Department of Veterans Affairs, Center for Acquisition Innovation Austin (CAI-A) plans to contract with: Monster Government Solutions (MGS) 8280 Greensboro Drive Suite 700 McLean, VA 22102 The requirement is for proprietary software support services to perform 13 specific modifications to the MGS e-Classification software application currently subscribed to by VA. The modifications will allow the application to better meet VA needs and requirements. iv. Identified of the Justification Rationale: FAR 8.405-6 (b) (1). The MGS e-Classification software that requires modification is owned by MGS. MGS has proprietary ownership of the software code, and does not release the code to other entities. Therefore MGS is the sole provider of modifications to the software code. v. Determination by the Ordering Activity Contracting Officer Consistent with 8.404(d): Even though GSA has already determined the prices of fixed prices services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable, the Contracting Officer will request a full breakdown of the price to include labor categories, rates, and level of effort that the contractor used to establish the firm fixed price. This will ensure that the price is fair and reasonable, and the total price is in the best interest of the Government. The independent Government cost estimate is based on MGS published GSA pricing. It is the intent of the Contracting Officer to negotiate a discount off of the GSA pricing in order to obtain a negotiated fair and reasonable price. vi. Market Research. The Market Research results of our original search that resulted in our original contract award to MGS is attached. In addition market research was conducted by contacting MGS regarding the sole proprietary nature of their software. MGS indicated verbally that Merlin is the only authorized reseller for software licenses and maintenance, and MGS is the only entity allowed to access or modify their code. vii. Other Support Facts: Since 2006 VA has invested $6.5m in this application and while it satisfied the immediate requirements at the time, these changes will enhance functionality and user acceptance of the original version. VA plans to make using this application a requirement for all HR Offices and cannot make that requirement for the current version of the application. viii. Overcoming Barriers to Competition: Future procurement of software should include data rights that allow the Government to own and change the software code. This approach is only reasonable if cost effective, and a cost benefit analysis will be required since the cost of software code could be substantial to the Government. VA owns the data under this current contract and will continue to do so. There is no general domain/public software available for VA to use and initial market research indicated MGS basic application offered the best value for VA to use as the baseline for enhanced functionality. As VA transitions to an approved HR Line of Business services provider via a competitive process, this functionality may be provided as part of a larger services offering. That transition will take 3-5 years and until that transition is complete, MGSs product meets VA requirements Responses to this notice must be in writing and must be received Friday, September 1, 2009 4:30pm CST. Third part firms will be considered only if responding with clear and convincing evidence that the firm has been granted rights to provide the services being procured. The determination to open competition based on responses is solely with in the discretion of the Government. If a solicitation is issued, no additional synopsis will be published. Responses should be emailed to Brian.Cox3@va.gov or faxed to 512-326-6028.
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- SN01928023-W 20090828/090827001624-b53f82a0e2bd32b75cdda392091609d0 (fbodaily.com)
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