Loren Data's SAM Daily™

FBO DAILY ISSUE OF OCTOBER 01, 2010 FBO #3233
SOLICITATION NOTICE

D -- CA mainframe software licenses

Notice Date

9/29/2010
 

Notice Type

Justification and Approval (J&A)
 

NAICS

511210 — Software Publishers
 

Contracting Office

Department of Homeland Security, Customs and Border Protection, Procurement Directorate - DC, 1300 Pennsylvania Avenue, N.W., Room 1310 NP, Washington, District of Columbia, 20229, United States
 

ZIP Code

20229
 

Archive Date

10/30/2010
 

Point of Contact

Terence Lew, Phone: 2026627667, Bruce Wood, Phone: 317-298-1580
 

E-Mail Address

tlew@b3solutions.com, bruce.d.wood@dhs.gov
(tlew@b3solutions.com, bruce.d.wood@dhs.gov)
 

Small Business Set-Aside

N/A
 

Award Number

HSBP1011F00014
 

Award Date

9/30/2010
 

Description

DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection JUSTIFICATION AND APPROVAL CBP Directive 5220-031C Requisition No. 20060248 Page 1 of 9 Pages This Justification and Approval (J&A) is made to support the use of one of the following: (1) Other than Full and Open Competition under the authority of 41 U.S.C. 253(c) (Competition and Contracting Act--P.L. 98-369)-See FAR 6.303-1 & -2; or (2) Sole source (including use of a specific brand name) under the Test Program for Certain Commercial Items under the authorities of section 4202 of 40 U.S.C. 1401 (Clinger-Cohen Act) or 41 U.S.C. 428a (Service Acquisition Reform Act)-See FAR 13.501; or (3) Limited sources (including an item peculiar to one manufacturer) in ordering under the authority of the Multiple Award Schedule Program - General Services Administration or Veterans Administration Schedules (41 U.S.C. 251, et. seq., Title III of Federal Property and Administrative Services Act or 40 U.S.C. 501, Title 40 of the Services for Executive Agencies)-See FAR 8.405-6.1. •1. Description of Action: This action is for the sole source, GSA Schedule, procurement and renewal of existing brand name Computer Associates International, Inc.(CA) mainframe software licenses and maintenance essential and critical to the CBP mission identified in the BOM/SOW included in this procurement package. The unique capabilities provided by the CA software supports CBP's priority mission. Without a continuation of the right to utilize said licenses CBP will be forced to shutdown key mission functions. All Passenger processing into or out of the United States by Air/Sea/Land will be turned off. All vetting and collection of duties for the Importation and Exporting of Cargo will be severely impacted and must revert to a manual process. Anti-Terrorism vetting of Passengers and Cargo will be severely curtailed within CBP, TSA, DHS and other enforcement agencies. CBP Human Resource applications will be required to shutdown, this includes the processing of Payroll, Overtime, and Travel for all CBP employees. Current contract support under Unisys expires 30 September 2010. This new, short term contract is requested to prevent a lapse in licensing as well as provide CBP Procurement with time to continue processing the re- This requirement ❑ will [E] will not provide for a bridge contract. Former Contract/Order No. ___________________ •2. Description of Supplies/Services: The result of this procurement will ensure that the CA mainframe products software licenses remain current and licensed for use by CBP. See attached BOM for product listing. CBPs' mainframe data environment is built on a proprietary CA software data structure that can not be reasonably migrated to any other vendor without a multi-year effort. The subject CA software directly links to the continued functioning of all CBPs' mission critical applications. Approximately eighty percent of CBPs' data security and database environments utilized CA's software products. There are critical products related to CBPs' databases, security, direct access storage devices, tape management, monitoring of overall system performance, and control of application source code. CBP utilizes over forty of CA's software products including Datacom/DB software suite of products. Any effort to replace this software will require a multi-year effort costing hundreds of millions of dollars. Until such an effort is completed, CA software would still be required. The use of another competitive database product such as IBM's DB2 Universal database, Oracle's Enterprise database or Microsoft SQLserver will force CBP to redesign and functionally duplicate thousands of database structures, convert billions of rows of data and completely re-write millions of lines of application code and security profiles. •3. Total Estimated Cost/Price (includes all option periods, quantities, and/or system life cycle costs listed in Block 2) $ 10,666,008.00 •4. Requisition Number: PR 2006-0248 •5. Name(s) of Proposed Source(s): Computer Associates, Technologies Jodi Barker, Vice President Customer Portfolio Management 2291 Wood Oak Drive Herndon VA 20171-2823 703-708-3000 ext 83360 or 703-728-9328 6. JUSTIFICATION Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information: (Attach additional pages as needed.) A Demonstrate the proposed contractor's unique qualifications or specific circumstances of the acquisition that require use of the authority cited. (includes sole source or brand name products/specifications under either FAR 6.302-1 or 13.501) If ordering under the Multiple Award Schedule Program, the justification for restricting consideration to fewer than the required number of GSA or VA schedule contractors in FAR 8.405-1 or -2 or a specific brand name product should be discussed. CBP has been using CA mainframe products for at least twenty-five years. These mainframe products are now part of our standard architecture. The vendor is uniquely qualified in that they are the sole provider for making changes or enhancements to their proprietary software. Even if purchased through a reseller all software enhancements and problem fixes are reported to, created by, tested and delivered by Computer Associates. A major re-compete for the renewal of licenses and maintenance is in progress, but will not be awarded until late FY 11. Specific brand name product available under (CA Inc.), as proprietary software and maintenance cannot be performed by another vendor. FAR 6.302-1. B Describe the efforts taken to ensure offers will/were solicited from as many potential sources as is practicable, including whether a notice was or will be published as required by FAR 5.2, and if not, which exception under FAR 5.202 applies. Attach a copy of the notice and responses, if applicable. The Original Equipment Manufacturer (OEM) CA, authorizes resell of its product licenses under limited circumstances only. This is proprietary software. Any third party reselling of its products must be reviewed, agreed to, and approved by CA. The reseller is simply a pass thru causing additional financial overhead providing no real benefit. All software issues, including product fixes, vendor help desk/problem ticket support and new software releases are provided directly through the vendor CA and not the third party reseller. No notice was published. Exception #10 (FAR 5.202); The proposed contract action is made under conditions described in 6.302-3, or 6.302-5 with regard to brand name commercial items for authorized resale, or 6.302-7 and advance notice is not appropriate. C Demonstrate the anticipated cost to the Government will be fair and reasonable. In justifying consideration of GSA or VA schedule contractors fewer than required in FAR 8.405-1 or -2 or a specific brand name product when ordering under the Multiple Award Schedule Program, include a determination that the order to be awarded represents the "best value" consistent with FAR 8.404(d). This action will be a sole source utilizing CA Technologies GSA Schedule. FAR 8.404(d): pricing. Supplies offered on the schedule are listed at fixed prices. Services offered on the schedule are priced either at hourly rates, or at a fixed unit prices for performance of a specific tasks (e.g., installation, maintenance, and repair). GSA has already determined the prices of supplies/services, fixed unit prices, and fixed-price services, and rates for services at hurly rates under the schedule contract to be fair and reasonable. By placing orders against a schedule under the procedures of 8.405¸the ordering activity has concluded that the order represents the best price/best value (FAR 2.101) to meet the Government's needs. Additional discounts will be sought by the agency before placing the order (FAR 8.405-4).l D Describe and document the market research that was conducted and the results, or include a statement of the reasons market research was not conducted. (See FAR Part 10). If actions were taken by Procurement Directorate personnel to satisfy this requirement, such as a "sources sought" synopsis (FAR 5.2), describe those actions. Provide documentation as attachments. In justifying consideration of fewer than the required number of GSA or VA schedule contractors in FAR 8.405-1 or -2 or a specific brand name product, include a description of the market research conducted among schedule contract holders and the results or a statement of the reasons market research was not conducted. Market research was conducted using First Source, GSA, GTSI and Unisys. However, CA re- sellers are not authorized to sell or bid mainframe maintenance renewals without CA approval. E Describe any other facts supporting the use of other than full and open competition (See FAR 6.303-2(a)(9)(i)-(iii)), or limited source consideration of GSA or VA schedule contractors (See FAR 8.405-6(e)(2)(vii)) or use of a specific brand name product. The Original Equipment Manufacturer (OEM) CA, only authorizes resell of its product licenses under limited circumstances. This is proprietary software. There is only one source capable of supplying the physical maintenance support for these products. All software problems are reported directly to the vendor CA through their helpdesk/problem ticket online system. All software maintenance software patches and the new software releases our download directly from CA and not any reseller. F List sources, if any, that expressed an interest in the acquisition. The list is: CA, GTSI in conjunction with CA, Unisys in conjunction with CA, and Government Acquisitions Inc. Limited interest and capability expressed due to the restrictions that CA, Inc. has placed on mainframe licensing and maintenance. G If future acquisitions are planned for the same supplies or services, include (1) a statement of the actions that will be taken to remove or overcome any barriers before commencing any subsequent acquisitions (includes barriers that preclude considering the minimum number of GSA or VA contact holders required by FAR 8.405-1 and -2 or other than a specific brand name product in ordering under the Multiple Award Schedule Program); and (2) a statement of the actions and the results that were taken to increase competition as described in past justifications for the same supplies or services (if applicable). A re-compete is anticipated to be awarded in late FY11 or early FY12. CBP is planning to migrate off of its mainframe environments over the next 5 years. CBP currently is undergoing a major modernization effort to migrate from a mainframe based infrastructure to a high availability commodity based architecture. In an effort to mitigate future costs and requirements CBP has been actively reducing the number of mainframe software product it requires. In the last 18 months CBP successfully removed the requirement for 17 of the approximately 60 products covered by the legacy contract and plans to continue this effort in order to reduce its dependency on Computer Associates software. H Include a statement that this acquisition does not result from a lack of planning or the expiration of funds. The previous effort was a Blanket Purchase Agreement (BPA)with one supplier of a ten year duration which expires 30 Sep 2010. CBP anticipated a migration of a high percentage of its mainframe environments to a new commodity infrastructure by the end of this contract and allow for the elimination or a significant reduction in its requirements. Because of delays and multiple changes in direction, CBP continues to have a requirement to continue to utilize a subsest of the Computer Associates software products to ensure mission critical applications continue to function. As the need becomes apparent that CBP would require to utilize the software past FY 2010 alternate contracting methods/strategies were researched. In an effort to utilize the DHS consolidated Data Centers and their supporting contracts, CBP worked with DHS to utilize one of its contracts 20060248 Page 4 of Pages REQUISITION NO. •7. REQUISITIONING OFFICE CERTIFICATION (OVER $100,000) I certify that the foregoing justification is accurate and contains complete information necessary to support the action listed in Item 1. Description of Action, and the authority cited. Office: Enterprise Data Management & Engineering Telephone Number: 703-921-6015 Date: l'N i ) Name (Print): Dr. Barry Brown Signature \./ 1-- **1 1----1---5-1---- "-- - 6 Title: Executive Director, EDME •8. ASSISTANT COMMISSIONER/CHIEF, BORDER PATROL CERTIFICATION (OVER $550,000) I certify that the foregoing justification is accurate and contains complete data necessary to support the action listed in item 1, Description of Action, and the authority cited. Name (Print): Assistant Commissioner, Office ofA4 4-7-1- - 41- Q,C'"-S' siiiiirrimmio Signature....,..-Telephone Air A l IP,e 1 v IV Number: t o 2.-:St-H -ILr c( U Date: 7 2's° t 7 / •9. SMALL BUSINESS CERTIFICATION (OVER $100,000) I certify that I have conducted a search for small businesses and other socio-economic concerns capable of participating in this acquisition. If any were found. a list is attached. Name (Print): Telephone Number. Date: CBP Small Business Specialist Signature: 10 PROCUREMENT CERTIFICATION (OVER $100,000) I certify that this justification is accurate and complete to the best of my knowledge and belief. Name (Print): Telephone Number. Date: Contracting Officer Signature: 11. REVIEWS AND APPROVA LS Each review must be preceded by lower level approval(s); e.g., over $57 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL. OVER $550,000 Name (Print) Competition Advocate Name & Title (Print) Head of Contracting Activity Approve •q Disapprove •q Approve U Disapprove Signature Telephone Number Signature Date OVER S11.5 MILLION Telephone Number Date OVER $57 MILLION Name (Print) Assistant Commissioner Office of Finance •q Approve •q Disapprove Signature Telephone Number Date Name (Print) Chief Procurement Officer (DHS) •q Approve •q Disapprove Signature Telephone Number Date 12. STATUTORY AUTHORITIES FOR CONTRACTING WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION 41 U.S.C. 253 c OTHER THAN FULL AND OPEN COMPETITION. THE COMPETITION IN CONTRACTING ACT OF 1984 Check ( one only): Public Law 98-369 •n 41 USC 253(c)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements This authority shall be used in preference to Public Interest. It shall not be used when any of the other circumstances is applicable. (Explain what makes this contractor the only responsible source: i.e., Does this proposed contractor have facilities or equipment that are specialized and vital to the effort? Is the proposed contractor the only one that can meet critical schedules? Does the proposed contractor have prior experience of a highly specialized nature vital to the effort? Why is a particular brand name essential to the Government's requirements? Why won't any other product or service satisfy the need? Describe market research and analysis leading to this conclusion.) •q 41 USC 253(c)(2) - Unusual and compelling urgency This authority applies in those situations where (1) an unusual and compelling urgency precludes full and open competition; and (2) delay in award of the contract would result in serious injury, financial or other, to the Government. (Explain why the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless it limited the number of sources. Solicitation from as many potential sources as is practicable under the circumstances is required.) Ti 41 USC 253(c)(3) - Industrial mobilization; engineering, developmental or research capability; or expert services This authority applies when it is necessary to award the contract to a particular source or sources in order to: (1) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; (2) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (3) to acquire the services of an expert for any current or anticipated litigation or dispute. (Does the proposed contractor have facilities and equipment that are vital in the event of a national emergency? Is the proposed contract to maintain properly balanced sources of supply for meeting the requirements of acquisition of programs in the interest of industrial mobilization? Is the proposed contract to create or maintain the required domestic capability for production of critical supplies by limiting competition to items manufactured in the United States, its outlying areas, or Canada?) •n 41 USC 253(c)(4) - International agreement This authority may be used when the acquisition is to be reimbursed by a foreign country that requires the product to be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or, when services are to be performed, or supplies are to be used, in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited. (Cite the international agreement or treaty between the United States and the foreign government or international organization that precludes full and open competition. Provide the written directions of the foreign government reimbursing the agency for the cost of the acquisition, which precludes full and open competition.) •q 41 USC 253(c)(5) - Authorized or required by statute This authority may be used when a statute expressly authorizes that the acquisition be made through another agency or from a specified source. (Cite the authority that expressly authorizes that the acquisition be made through another agency or from a specified source, and attach a copy of the statute.) Note: While this statutory exception includes qualified non-profit agencies for the blind or other severely disabled and the small disadvantaged business 8(a) set-aside program, a J&A is not required for this type of procurement. •q 41 USC 253(c)(6) - National security This authority may be used for any acquisition when disclosure of the Government's needs would compromise national security. It shall not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract. (Explain why the disclosure of the Government's needs would compromise the national security or violate security requirements.) •q 41 USC 253(c)(7) - Public interest This authority may be used when none of the other authorities above apply. Individual justification, Secretarial approval, and Congressional notification 30 days before award of the contract are required. LIMITED SOURCES - MULTIPLE AWARD SCHEDULE PROGRAM (FAR 8.405-6) Under the authority of the Multiple Award Schedule Program for General Services Administration- Title III of the Federal Property and Administrative Services Act (41 U.S.C. 251, et. seq.,); or Department of Veterans Affairs-Title 40 U.S.C. 501, Services for Executive Agencies. This J&A is made for restricting consideration to: (Check one of the following) •q Schedule Contractors Fewer Than Required; or •q An Item Peculiar to One Manufacturer (i.e., a particular brand name, product, or a feature of produce peculiar to one manufacturer). TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS (FAR 13.5) Under the authority of: (Check one of the following) •q Section 4202 of the Clinger-Cohen Act of 1996-The Test Program for Commercial Items (over $100,000 but not exceeding $5.5 million); or •q 41 U.S.C. 428a (Services Acquisition Reform Act of 2003)-Commercial items that, as determined by the Head of the Agency, are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack (over $100,000 but not exceeding $11 million). This J&A is made for restricting consideration to: (Check one of the following) •q A Sole Source; or •q An Item Peculiar to One Manufacturer (i.e., a particular brand name, product, or a feature of produce peculiar to one manufacturer). INSTRUCTIONS FOR COMPLETING FORM Recommended Order of S gnature Review /Approval Block 7 - Requisitioning Office Representative (over $100,000) Block 8 - Assistant Commissioner (Requisitioning Office) (over $550,000) Block 9 - Small Business Specialist (over $100,000) Block 10 - Contracting Officer (over $100,000) Block 11 - Competition Advocate (CBP) (over $550,000) - Head of Contracting Activity (CBP)(over $11.5 Million) - Assistant Commissioner, Office of Finance and Chief Procurement Officer (DHS) (over $57 Million) Block 1 - Description of Action: Describe the proposed solicitation or contract. At a minimum, address each of the following: •(A) Identify the solicitation, contract, modification, or delivery order number(s), as applicable. •(B) Identify the circumstances necessitating the use of an authority for "other than full and open competition." •(C) Identify any special terms or conditions, which would impact the competitiveness of the acquisition. •(D) Is this a best value solicitation? If so, identify the general evaluation criteria to be used. •(E) What type of funds will be utilized (O&M, Forfeiture, etc.)? •(F) What type of contract is proposed (fixed price, cost type, etc.)? Block 2 - Description of Supplies/Services: Describe the supplies or services (or combination thereof) required, in sufficient detail to ensure that this J&A can be linked to the resultant contract action. Be sure to identify the specific system to which the requirement applies. Identify the requisitioning office, location, and purpose of the acquisition. Give a detailed estimate of the dollar value of the contract action, broken out by basic and optional performance periods, quantity requirements, or system life cycle costs. Describe and give the estimated value of each. Block 3 - Total Estimated Cost/Price: This is the total value of the proposed contract action. Block 4 - Requisition Number: Provide the SAP Procurement Requisition Number. Block 5 - Name(s) of Proposed Sources: Be sure to list more than one source as a proposed contractor, unless you are citing an authority that requires a specific source. For example, if the acquisition is being conducted under 41 U.S.C. 253(c)(2), Unusual and Compelling Urgency, soliciting as many sources as is practicable is still required unless the justification for urgency contains detailed documentation to show that it is not practicable under the circumstances. Block 6 - Justification: Each justification must contain sufficient facts and rationale to justify the use of the specific authority cited. At a minimum, each justification must include the elements listed as A through H on the form. CERTIFICATIONS, REVIEWS AND APPROVALS Block 7 - Requisitioning Office Representative (Technical Expert): Responsible for completing Blocks 1 through 6, checking only one statutory authority for "other than full and open competition" in Block 11 (page 5), and completing Block 7. Send the J&A with a copy of the procurement request (PR) to the Procurement complete with all required information to support the justification. Block 8 - Assistant Commissioner : Responsible for certifying that the Requisitioning Office is submitting an accurate and complete justification. Block 9 - Small Business Specialist: CBP procurement employee who will conduct a search for small business or other socio-economic concerns capable of participating in the acquisition. Block 10 - Contracting Officer: CBP procurement employee who will be signing the obligating document for the contractual action. Block 11 - Reviews and Approvals: If any person required to sign in these blocks does not approve, the J & A shall be returned to the requisitioner with a written determination as to why the J&A was not approved. When appropriate, an informational copy of the determination is to be forwarded to the Contracting Officer and the Competition Advocate. All signatures required on the form must appear in order for the J&A to be valid. NOTES: •(A) If a significant change to the scope of the requirement or cost estimate is made at any time, an amended J&A must be submitted and re-routed through all reviewers and approvers. A transmittal memorandum shall accompany the amended J&A explaining the difference between the original and amended justifications. •(B) Further guidance in preparing J&A's can be found in the Department of Homeland Security's J&A Guide available electronically on the DHS website (Competition Advocacy Channel - Acquisition Policy & Oversight). •(C) Page 5, Statutory Authorities for Contracting Without Providing for Full and Open Competition, may be replaced with the applicable Page 5 alternate (J&A's for Sole Source under the Test Program for Certain Commercial Items - FAR 13.5 OR Limited sources - FAR 8.405-6) when submitting a J&A for those actions. FINAL DISTRIBUTION: Original - Contract File (Contracting Officer) Copy - Procurement Copy - Procurement Copy- Competition Advocate JUSTIFICATION AND APPROVAL- Continuation •1. Description of Action: The period of performance for this effort is 6 months, with six 1-month option periods. CBP's requirement for these licenses is urgent and compelling. •2. Description of Supplies/Services: 5. Name(s) of Proposed Sources: A B C D E F G H- contracts to first continue said softwawre licenses and plan/implement the migration of CBP's mainframe infrastructure to the DHS data centers, however recently DHS decided that this effort did not fit within the scope of its existing concontract
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/5397d233e52d20452f3933d3e66f78a9)
 

Place of Performance

Address: 7921 Boston Blvd, Springfield, Virginia, 20598, United States

Zip Code: 20598
 

Record

SN02300571-W 20101001/100929234648-5397d233e52d20452f3933d3e66f78a9 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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