SPECIAL NOTICE
70 -- 508 - Enterprise Dragon Contract (New) (VA-24-00074750)
- Notice Date
- 9/24/2024 5:33:58 AM
- Notice Type
- Special Notice
- NAICS
- 541519
— Other Computer Related Services
- Contracting Office
- TECHNOLOGY ACQUISITION CENTER NJ (36C10B) EATONTOWN NJ 07724 USA
- ZIP Code
- 07724
- Solicitation Number
- 36C10B24F0379
- Response Due
- 9/24/2024 12:00:00 PM
- Archive Date
- 10/09/2024
- Point of Contact
- Harold Nice, Contract Specialist
- E-Mail Address
-
Harold.Nice@va.gov
(Harold.Nice@va.gov)
- Awardee
- null
- Description
- Dragon Professional Software Control Numbers VA-24-00074750 1 JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724 Description of Action: The proposed action is for a firm-fixed price Delivery Order (DO) that will be issued under the National Aeronautics and Space Administration (NASA) Solutions for an Enterprise-Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC) for Nuance Dragon Naturally Speaking (Professional Edition) software maintenance, help desk support services, training, and scripting. Description of the Supplies or Services: The Department of Veterans Affairs, Office of Information & Technology (OI&T), Enterprise Program Management Office, 508 Compliance Office has a requirement for the procurement of the following Brand Name Nuance Dragon Naturally Speaking (Professional Edition) software products: 2000 Nuance Dragon Naturally Speaking (Professional Edition) Group licenses are being requested as this product is used throughout the VA in a reasonable accommodation setting. The previous contract ceiling for a local contract of 45 licenses was met quickly, and now there are no more licenses available for users who have a critical need for this voice to text capability. Services will also include maintenance upgrades and help desk support for the licenses. The required support services for Dragon Naturally Speaking (Professional Edition) licenses and software products shall provide VA with software upgrades and updates to software products, which shall provide three primary areas of functionality: dictation, text-to-speech, and command input. The user shall be able to dictate and have speech transcribed as written text, have a document synthesized as an audio stream, or issue commands that are recognized as such by the program. Additionally, On-Demand scripting and training shall be included. VA s requirement is to obtain Dragon Software inclusive of renewals and new licenses. Dragon Software allows users the flexibility to work hands-free to turn spoken words into text and voice commands into action so the user does not have to worry about the mechanics of typing and spelling. In addition, voice profiles can be accessed through different computers in a networked environment, allowing interaction with a computer by voice. The software turns spoken words into text and voice commands into action so the user does not have to worry about the mechanics of typing and spelling. The software shall allow creation of custom commands to control programs or functions. Additionally, the tool shall be used to ensure that applications developed, used, maintained, or procured by the VA can be utilized by disabled VA employees. The server software that is required will be monitored to track the number licenses being used. The software maintenance, including upgrades and updates, is necessary for ensuring that all VA products are accessible in accordance with the requirements set forth in Section 508 of the Rehabilitation Act (29 U.S.C. ยง 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998. Software patches and updated email alerts shall be sent to VA within 48 hours of availability. The period of performance shall be one (1) 12-month base period and two (2) 12-month option periods. The total estimated value of the proposed action is ptions are being used to reduce the duplication of time and cost to on an as needed basis as this will allow for the employees to receive services in a reasonable timeframe. 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) 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. Rationale Supporting Use of Authority Cited Above: Nuance Dragon Naturally Speaking (Professional Edition) software provides dictation, text-to-speech, and command input functionality. Dragon Naturally Speaking software is the only known software capable of direct manipulation of the keyboard or mouse. This product delivers up to 99% speech recognition accuracy, allowing the user to speak naturally at normal speeds and the words appear on the computer screen almost instantly, enabling users to dictate documents up to three times faster than they can type. Moreover, this software allows creation of custom commands to control programs or function. The enterprise-ready speech recognition permits users to dictate and edit documents and emails, spreadsheets, and presentation, send email, search the Web, and automate business processes with unparalleled speed, ease, and comfort. The software includes a minimal user interface, which allows the user to work hands-free to turn spoken words into text and voice commands into action, and only Dragon Professional software allows a user to store a custom dictionary of words or corrections. Furthermore, Nuance Dragon Naturally Speaking Professional is the only source of the server software that is required. Based on the market research, the Government anticipates limited competition among resellers for the required Nuance Dragon Naturally Speaking (Professional Edition) server software, licenses, and associated maintenance and support services to track the number of licenses being used. Based on the above analysis, only Nuance or its authorized resellers can meet the VA s requirements. This software will support the reasonable accommodations of federal employees that need voice to text support due to their disabilities whether temporary or permanent. The federal employee would be unable to complete their job in supporting the veteran without this tool. Efforts to Obtain Competition: Market research was conducted, details of which are in section 8 of this justification. This effort did not yield any additional sources that can meet the Government s requirements. However, the undersigned VA technical representative determined that limited competition is available among authorized resellers for Nuance Dragon software licenses. In accordance with FAR 16.505(a)(4)(iii)(A)(1), this justification will be provided with the solicitation to all appropriate NASA SEWP V GWAC holders. Furthermore, in accordance with FAR 5.301, 16.505(b)(2)(ii)(D), and 16.505(a)(4)(iii), the award notice for this action will be synopsized on the Contract Opportunities website and this justification will be made publicly available within 14 days of award. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed. Market Research: The Government s technical experts conducted market research by reviewing other similar products, such as Microsoft Windows, FreeSR, Tazti, Braina and maintenance associated with these products. Braina requires the use of an Android app to connect to the personal computer (PC) via Bluetooth. Tazti offers a tool that only allows the control of PC games and does not allow direct manipulation of the keyboard or mouse, making it unsuitable for use in a professional environment. SuperNova, and Windows Magnifier are open-source products and not approved for use within VA. The results of the market research conducted for similar products indicates that no other brand name software can meet all of VA s needs. Due to the proprietary nature of the Nuance Dragon Naturally Speaking Professional software, only Nuance or its authorized resellers can provide the required software maintenance, support services and licenses. Any other source would need access to the Nuance proprietary data to provide the required support services and ensure the software is properly maintained and updated. . Based on the above analysis, only Nuance or its authorized resellers can meet the VA s requirements. Additional Market Research was conducted by the Contract Specialist. The Contract Specialist utilized the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) Provider Lookup Tool. A total of 53 alias of the brand name Nuance were identified under groups B-S and C. A total of 73 contract holders with more than 7,000 products were identified under the Nuance brand name. As a result, there is a reasonable expectation that limited competition exists on the NASA SEWP V GWAC for the brand name Nuance. Based on the results of the market research and to promote award opportunity for SDVOSB concerns, the subject solicitation will be issued for consideration of quotes only from verified SDVOSB NASA SEWP V GWAC holders under the Value-Added Reseller NAICS code 541519. The Veterans Small Business Certification (VetCert) database will be utilized to verify the eligibility status of each offeror as a verified SDVOSB prior to evaluation of quotes. Other Facts: N/A 1a.Technical/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. CHET FRITH Digitally signed by CHET FRITH Date: 2024.08.27 11:50:57 -04'00' 8/27/24 Chet Frith, Director, Section 508 Compliance Date Fair and Reasonable Cost Determination I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable because NASA SEWP GWAC prices have previously been determined fair and reasonable. Additionally, price competition is expected among authorized resellers for this action. Additional price analysis will be performed by comparing the successful quote to the Independent Government Cost Estimate. MATTHEW NEWELL Digitally signed by MATTHEW NEWELL Date: 2024.08.27 11:55:06 -04'00' Matthew Newell, Contracting Officer Date Contracting Officer Certification/Approval I certify that this justification is accurate and complete to the best of my knowledge and belief. MATTHEW NEWELL Digitally signed by MATTHEW NEWELL Date: 2024.08.28 08:51:03-04'00' Matthew Newell, Contracting Officer Date Approval In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of Nuance Dragon Naturally Speaking (Professional Edition) software maintenance, support services, training, and scripting on an other than fair opportunity basis pursuant to the authority cited in Section 4 above, and provided that the property and services herein described have otherwise been authorized for acquisition. JASON BULLEN BULLEN Digitally signed by JASON Date: 2024.08.28 10:11:22 -04'00' 8/28/24 Jason Bullen Date Advocate for Competition Technology Acquisition Center Office of Procurement, Acquisition, and Logistics Department of Veterans Affairs
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