Amend 3 Attach 1 IDIQ Requirements - Learning System Licenses.pdf

USALEARNING® (USAL) LEARNING SYSTEM LICENSES

SP-HRS-45742

USALearning® Services and Support Requirements Description

USALearning® Learning System Licenses

1.0 BACKGROUND

USALearning® (USAL) originated as an e-Gov initiative called GoLearn under the Bush administration in 2004. Because of the centralized domain specific (e-Learning) technical expertise it was designated a Government-wide Shared Service Center and Human Resource Line of Business Preferred Provider for all Government e-Learning products and services and renamed USALearning®.

In 2017 the USAL program obtained “Best-In-Class" (BIC) designation, an acquisition status for Federal Shared Service Provider (FSSP) which demonstrates best business practices in the design and execution of contracts. The BIC designation requires that the USAL program office meet rigorous criteria defined by Office of Management and Budget (OMB) guidance. This includes demonstrated use of category and performance management strategies and third-party validation. When used government-wide BIC adoption:

• Reduces contract duplication which leverages the Government's collective buying power to help agencies operate more efficiently.

• Provides transparency and standardization that leads to better data-driven business decisions.

• Reduces administrative costs and eliminates practices that reduce the Government’s shared purchasing power.

(See-Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce (April 12, 2017) and OMB Memorandum M-19-13, Category Management: Making Smarter Use of Common Contract Solutions and Practices (March 20, 2019), available at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memorandum/2017/M-17-22.PDF).

Under the Office of Personnel Management (OPM), USAL program supports all US Government— Federal agencies, state, and local municipalities with training services, training systems, courseware development, virtual simulators, strategic planning, and many other requirements. USAL learning management system (USALLMS) support provides FedRAMP systems to over 60 large and small Federal agencies with non-cloud and cloud-based applications to include but not limited to Platform as a Service (PaaS) and Software-as-a-Service (SaaS) approaches to meet organizational requirements, as appropriate.

Furthermore, as an assisted acquisition provider, OPM is congressionally authorized to use its revolving fund for assisted acquisition support. This support across these agencies allows the USAL Program to leverage the Government’s buying power, reducing overall costs to Government customers. The two OPM authorities that govern USAL are the following:

Authority #1: 5 United States Code (U.S.C.) 1304 (e)(1): ”A revolving fund is available, to the Office without fiscal year limitation for financing investigations, training, and such other functions as the Office is authorized or required to perform on a reimbursable basis, including personnel management services performed at the request of individual agencies...”.

https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memorandum/2017/M-17-22.PDF

Authority #2: 5 U.S.C.4116:” The Office of Personnel Management, on request of an agency, shall advise and assist in the establishment, operation, and maintenance of the training programs and plans of the agency under this chapter, to the extent of its facilities and personnel available for that purpose.”

2.0 OBJECTIVES

The purpose of this requirement is to provide Learning System licenses to support USAL customer agencies. The contractor shall be required to provide Learning System Licenses. These Learning System Licenses will be utilized to support various training and education requirements within USAL customer agency learning ecosystems.

These licenses, as shown in table below, typically in the form of commercial vendor hosted annual subscription service, provide virtual licenses for live and virtual instructor-led events, content learning portals and platforms, talent & learning management systems, commercial-off-the-shelf (COTS) eLearning content libraries, assessment and survey software, collaboration, asynchronous instructor led platforms and other as required.

The (7) major categories of brand name licenses required consist of:

License

Category License Category Description / Usage Applicable Software Brands

Learning Management System (LMS)

Deployed at the enterprise level and must be cloud Federal Risk and Authorization Management Program (FedRAMP) authorized as well as have an authority-to-operate (ATO) or authority-to-use (ATU) granted, required for all Federal data systems. The LMS is both a repository and a delivery system. As a repository, it records, maintains, and reports all learner course completions and associated metadata such as exam results, certificates of completion and learner attributes, as applicable. As a delivery system, the LMS is the access point for both self-directed and organizationally mandated learner enrollments in courses-including all formal classroom instruction and online self-paced instructional courseware.

Adobe Captivate Prime

Blackboard

Envisage Acadis

Talent Management Systems (TMS)

Includes all capabilities found in LMS as well as planning and implementation requirements. The TMS is different from the LMS in that it also includes performance

Acendre

Cornerstone OnDemand

Oracle Taleo Cloud management and other human resources information systems (HRIS) capabilities, to include competency management and other HRIS functions.

SAP NS2 SuccessFactors

E-Learning Content Library

(ECL)

Include commercially licensed, distributed, connected to the organization’s LMS, and made available to the organization’s learner population. These eLearning content collections, while commercially available for government and industry, are often tailored to specific audience types of which organizations may rely upon for required workforce training.

Skillsoft Private Cloud

Learning Assessments and Survey Software

Provide additional assessment and/or survey capabilities not inherent in most LMS/TMS systems. These applications typically have a separate cloud-based environment that is linked from an LMS/TMS and therefore must have a separate FedRAMP Authorization.

Qualtrics XM Platform

QuestionMark OnDemand for Government

Collaborative Learning Environment

Platforms that enable knowledge exchange, collaboration between interest groups and teaming of learners for specific assignments.

Collaboration tools serve to reconnect people, which improves morale and productivity.

Huddle Content Collaboration

Slack

Asynchronous E-Learning Collaboration Environment (AeCE)

An alternative platform for live face-to-face training. Live training environment that emulates classroom instruction, to include pop-quiz, polling, and other interactions.

Collaboration tools serve to reconnect people, which improves morale and productivity.

Adobe Connect Managed Services

CISCO Webex, Webex for Government Zoom for Government

Learning Content Management System

Utilized for content hosting & knowledge management, social media hosting, web-based learning experience platform

Automatic Inc. WordPress VIP Go

2.1 FEDRAMP REQUIREMENTS

• All Federal Information Technology Systems and Applications shall be FedRAMP Authorized.

All TMS/LMS/LRS shall show as “authorized” listed in https://marketplace.fedramp.gov/#!/products. FedRAMP “Ready” and “In-Process” are not considered as authorized and will not be considered for requirements under this IDIQ.

• For any proposed alternative software solutions to the (7) categories listed above, the contractor shall provide definitive evidence of the FedRAMP authorization.

https://marketplace.fedramp.gov/%23!/products

2.2 VALUE-ADDED RESELLER (VAR) REQUIREMENTS

• VARs must be authorized to represent and sell the manufacturer brand names. The contractor shall represent more than one manufacturer.

• The contractor shall provide evidence that it has the right to represent and sell the proposed manufacturer licenses as a value-added reseller from the manufacturer.

• Requirements will be defined at the TO level, however the VAR and license manufacturer may be required to:

a. Install, operate, and maintain licenses for government use.

b. Provide security and FedRAMP authorized solutions that have security controls established to prevent unauthorized disclosure of personal identifiable information (PII) or sensitive content (level and specifics as defined in the TO).

c. Provide help desk support as required.

d. Provide administrative system technical support as required.

e. Perform customization of software as required and agreed by the manufacturer.

f. Establish data connections to HRIS and other systems as required, along with any interconnection service agreement (ISA) requirements for connection approval by client agency 3rd party systems.

g. Provide training on the manufacturer software use as required.

h. Provide system planning, reporting and other management reports as required.

i. Support customer agency Authority to Operate (ATO) with system security controls and inspection reports for use by agency CIO in determination of ATO.

3.0 TECH REFRESH REQUIREMENTS

It is Government’s intent to provide training services and support that meet or exceed industry standards for the duration of the Contract. As such, subject to the terms and conditions of this Contract, the Contractor shall make reasonable efforts using commercially available upgrades for implementing the SaaS, PaaS and other Services to support new learning technologies, methodologies, systems design, updated cyber and assistive standards and other services during the Contract term consistent with upgrades provided to other customers. Contractor has the right to upgrade the Software or Hardware and implement new technologies to better serve USAL and its end users, provided that (i) such actions by Contractor do not impair Agency's rights hereunder or result in any interference with Agency operations at the time of any upgrade; and (ii) such actions by Contractor are undertaken in accordance with and are governed by the terms of this Contract. In the event that Contractor’s upgrading of Hardware or Software or deployment of new technologies would involve changes or interference with USAL operations or systems supported by USAL for USAL customers, then Contractor shall request Agency's prior written approval, which will not be unreasonably withheld, conditioned, or delayed.

Technology refreshes will be reviewed annually and may occur at any time if in the best interest of the government. Any and all proposed refresh changes shall be at the convenience of the government with the express purpose of meeting any or all of the following goals or requirements:

a. New learning systems or technologies that advance or improve upon Federal/DoD/State workforce learning performance.

b. Major changes or upgrades to cybersecurity that would require new systems or major modifications to existing systems.

c. Support for major changes in learning design, development or implementation which require new CLINS or pricing increases (or decreases).

d. Government standards changes, such as a major change to use of assistive or machine technologies in the advancement of learning to meet special needs or requirements.

e. Advancements in commercial information technologies which would be incorporated into USAL or customer learning technologies and systems.

f. Other, as approved by the USAL Program Office.

Should an urgent technology refresh be required for a specific requirement be needed prior to an option period renewal, an out-of-cycle transition may be proposed by the contractor to the USAL COR/CO, with explanation of the urgency, to include a risk/impact assessment of the change.

4.0 GENERAL REQUIREMENTS

The Contractor shall provide all labor, incidental materials, and other services required by individual Task Orders pursuant to the general requirements specified below.

4.1 Contract Maximum/Minimum Ceiling:

The Maximum Overall Value of the USALearning® Learning System Licenses IDIQ contracts is $1,325,000,000.00. Multiple IDIQ contracts will be awarded. The minimum guarantee will be provided at the time of IDIQ issuance.

The Minimum guaranteed value under any IDIQ contract is $2,500.00. The Government reserves the right to award initial orders at the time of the basic contract award on a sole source basis pursuant to FAR 16.505(b)(2)(D) at amounts which may exceed the minimum guaranteed value. No order under the IDIQ shall be awarded in excess of $10,000,000.00 not inclusive of options/$50,000,000.00 inclusive of all options.

4.2 Contracting Officer’s Representative (COR)

CORs will be designated by the Contracting Officer (CO) at the IDIQ and Task Order level. The CORs will be responsible for inspection and acceptance of the services specified and will evaluate the Contractor's performance based on the terms of the requirements. A Technical Point of Contact (TPOC) from Customer agencies will provide input into the Contractor’s performance and technical guidance for any questions regarding customer agency requirements. In addition, the CORs will be responsible for entering Contractor Performance Assessment Reporting System (CPARS), receiving reports, and approving invoices

4.3 Contractor Performance Assessment Reporting System (CPARS)

CPARS will be done annually at the IDIQ level; however, if there is an issue that warrants an Interim CPARS at the IDIQ or Task Order (TO) level one will be accomplished.

5.0 TASK ORDER MANAGEMENT.

5.1 General Ordering

Individual TOs will be placed in accordance with the regulations within FAR Part 16.505 and according to the procedures established in this section.

To the maximum extent practicable, customer agency requirements shall be performance-based.

5.2 Task Order Deliverables

All applicable task order deliverables required delivery dates, destination of delivery, and schedule for completion of work to be performed will be specified in task orders issued under the IDIQ contract, as applicable.

All deliverables submitted in electronic format shall be specified in each task order and free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus.

Each Contract-level and task order deliverable shall be accompanied by a cover letter from the Contractor on Company letterhead. Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.

In the event the Contractor anticipates difficulty in complying with any contract-level delivery schedule, the Contractor shall immediately provide written notice to the OPM COR and OPM Contracting Officer.

Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery; provided that this data shall be informational only in character and receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract. The Contractor shall not discuss the breach of contract terms with the customer agency.

5.3 Contractor Program Management

The Contractor shall establish a single management focal point, the Program Manager, to accomplish the administrative, managerial, and financial aspects of this contract and all subsequent TOs. This individual shall be identified as the focal point for all programmatic issues.

5.4 Fair Opportunity

Each IDIQ holder offering the required services will be afforded a fair opportunity in accordance with 16.505(b)(1)(i) and considered for each order exceeding the micro-purchase threshold unless one of the following exceptions at 16.505(b)(2)(i) applies:

(A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays;

(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or

(C) In the interest of economy and efficiency, the new work is a logical follow-on to an order already issued under the contract, provided that fair opportunity was considered for the original order;

(D) It is necessary to place an order to satisfy a minimum guarantee;

5.5 Requests for Task Order Proposal/Quotation

When the Government has a TO requirement, it will issue a written Request for Task Order Proposal/Quote (RFTOP/RFTOQ) to include an assigned tracking number, a description of the work, submission instructions and the basis upon which the selection will be made. If circumstances do not permit issuance of a written a RFTOP/RFTOQ, OPM may use other streamlined procedures to order services under the IDIQ, as applicable.

The description of the work shall be in the form of a Statement of Objectives (SOO) or Performance Work Statement (PWS). The SOO/PWS will include a description of work to be performed; location of work; period of performance; deliverable schedule; applicable performance standards; and any special requirements (e.g., security clearances, travel, customer agency specific clauses).

Within three business days after receipt of the RFTOP/RFTOQ, or as specified within the TO Request, the Contractors shall provide its proposal/quote.

The TO proposal/quote shall be submitted to the CO for evaluation and acceptance.

5.6 Task Order Quote Evaluation

Each Task Order with be evaluated as Lowest Price Technically Acceptable (LPTA).

5.7 Placing of TOs against the IDIQ

The CO will issue a funded TO against the IDIQ incorporating all relevant documents. The TO will be issued unilaterally except when circumstances require the inclusion of terms or conditions not previously agreed to by the parties and included in the relevant documents.

6.0 OTHER REQUIREMENTS

6.1 Post-Award Conferences

The Government intends to convene a one-time Post-Award Conference with each awardee within 30 days after contract award. The CO shall notify all Prime Contractors of a specific date, location, and agenda within 30 days after contract award.

6.2 Release of Information

All Government data must be treated confidentially, using the NIST guidelines for the security and handling of sensitive but unclassified (SBU) data. This requires data not to be released to any outside organizations, without specific written permission by authorized sources within OPM. Information collected will be provided in a mutually agreed upon format within seven (7) days of a formal request either in writing, letter, or e-mail. Any unplanned release of data must be reported according to current CISA guidelines.

6.3 Personnel Security Investigations (Psi).

It is not anticipated that the contractor will be required to request or hold government clearances in performance of any license support, however in the event that such a requirement is specified in the task order, the Contractor will provide the appropriate information required in the task order to the USAL COR within (5) business days of the task award.

6.4 Privacy. The Contractor Shall Comply with The Following:

a. The Privacy Act of 1974 (current version)

b. The privacy provisions of the e-Government Act of 2002, section 208 (current version)

6.5 Warranty

Any warranties customarily provided by the manufacturer as a commercial license will apply to this contract and shall be conveyed to the Government at time of contract award through the contract period of performance.

7.0 CO-TERMING LEARNING SYSTEM LICENSES

Following an initial learning system license purchase, if additional licenses are required later during the performance period, the term of each license (new and existing) shall be automatically adjusted so that all learning system licenses terminate on the same date. Co-terming is applicable to all Task Orders, as applicable.

8.0 ON-RAMP

The Government may utilize an On-Ramp to add small businesses (SB) under any circumstances, as many times as it determines necessary, including in the event an Off-Ramp is exercised. The Government can exercise this right at its sole discretion. It is in the Government’s best interest that there remain an adequate number of Contractors eligible to compete for task orders to meet the USAL program needs. The Government may On-Ramp as it determines appropriate, including but not limited to, revisiting the original pool and/or issuing a follow-on solicitation for evaluation. Likewise, all orders awarded hereunder shall include the same terms and conditions of this Contract and shall not exceed the remaining period of performance.

9.0 OFF-RAMP

The Government, in its sole discretion, may exercise the Off-Ramp if any of the following events occur:

a SB contract holder that no longer qualifies as an SB because it is acquired by a non-SB concern or is no longer certified as a SB under the applicable NAICS for any reason; permitting the contract to expire instead of exercising an option; or implementing a Termination for Convenience, if applicable. If the Government elects to exercise the Off-Ramp for any USAL contract holder, the Contractor will be removed from the program and thus will not be eligible to propose on any new Task Order competitions.

10.0 TRAVEL

Travel is not anticipated in the performance of this contract; however, in the event that travel is required, see the below requirements.

The USAL COR must pre-authorize all travel prior to performance. All travel, if applicable, will be defined and priced at the task order level. Travel by air shall be negotiated at a fair and reasonable price, not to exceed coach fare. The costs for meals and incidental expenses incurred by contractor(s) personnel shall be considered to be reasonable and allowable to the extent they do not exceed, on a daily basis, the per diem rates set forth in the Federal Travel Regulations (FTR). Travel by privately owned vehicle shall be at the current GSA approved mileage rate. Traveling expenses within a 35- mile radius of a selected delivery facility/location will not be reimbursed. Except as indicated above, the contractor(s) will be reimbursed for actual travel expenses incurred, in accordance with the FTR and FAR Part 31.205-46 – Travel costs. If the contractor(s) or its representatives incurs travel costs in excess of the amount negotiated and agreed upon for each activity, it does so at their own expense.

11.0 SMALL BUSINESS CERTIFICATION STATUS

Prior to the end of the Fifth Year and Exercising Optional Ordering Period 1: At the end of the fifth year of the contract and prior to exercising Optional Ordering Period 1 the Contractor will be required to certify its small business size status. In the event that the Contractor’s size standard changes from a small business concern to other than a small business concern and the Contractor has active task orders, including the exercise of options and modifications at the task order level, the Contractor shall continue performance of active task orders, but not have its Option exercised.

Any order issued during the effective period of the contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to the order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under the contract beyond 5-years from the end of the contract’s effective ordering period for those orders placed within the effective ordering period.

Upon re-certification at the end of the fifth year of the contract, if the Contractor’s size standard remains a small business concern and the Contractor’s Option Determination is determined justifiable by the CO, the Contractor’s Optional Ordering Period 1 will be exercised, and the Contractor will remain a small business concern under the award(s) that correspond to the Contractor’s respective SB Multiple Award Contract Number(s) for the remaining period of performance of the contract.

Contractor’s Optional Ordering Period 2 – IAW FAR 52.217-8 will be exercised, upon re-certification at the end of the fifth year of the Contractor’s Optional Ordering Period 1, if the Contractor’s size standard remains a small business concern and the Contractor’s Option Determination is determined justifiable by the CO, and the Contractor will remain a small business concern under the award(s) that correspond to the Contractor’s respective SB Multiple Award Contract Number(s) for the remaining period of performance of the contract.