47QTCA19D002B-003.pdf

IN 35 – e-Content & Digital Books Justification & Approval for a Limited Sources Award under GSA FSS

April 2019

JUSTIFICATION AND APPROVAL

FOR A LIMITED SOURCE AWARD UNDER A FEDERAL SUPPLY SCHEDULE

This Limited Source Justification (LSJ) executed upon the basis of the following justification, prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(c), I, as Contracting Officer, hereby approve the use of sources limited to fewer than those required in FAR 8.405-1, FAR 8.405-2, and FAR 8.405-3 pursuant to the authority of 41 U.S.C. 251 as implemented by FAR 8.405-6(a)(1)(i)(B) only one source capable. This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251, et seq. and 40 U.S.C. 501).

1. Agency and Contracting Activity:

This procurement is executed by the US Department of Veterans Affairs (VA), Office of Acquisition Operations, Strategic Acquisition Center – Frederick (SAC-F) on behalf of the VA, Office of Human Resources and Administration (OHR&A), Human Resource Enterprise Center

(HREC).

2. Description of Action:

The proposed acquisition is for a twelve (12) month firm-fixed price task order with four (4) additional twelve (12) month option periods for online educational content that will be made available through VA’s Talent Management System (TMS) and will provide related support services for those products. Many of these courses are developed by Skillsoft and are required to comply with agency specific curriculum and competency requirements set forth in Individual Development Plans (IDPs). The courseware must be licensed by Skillsoft and compatible with Skillsoft Player to launch the course; many VA curriculums are established utilizing Skillsoft courses and digital books.

The proposed effort will be awarded under General Services Administration (GSA) Federal Supply Schedule (FSS) contract 47QTCA19D002B (off of IT Schedule 70) to Skillsoft Corporation, 107 Northeastern Boulevard, Nashua, New Hampshire, 03062.

3. Description of the Supplies or Services:

The proposed action is for 250,000 courseware licenses, as well as digital online books, as detailed below. The proposed action is also for support services, which include marketing and awareness of Skillsoft products, importing educational content into VA TMS, assigning competencies to courses, performing full process to retire and replace Skillsoft courseware, creating and revising course catalog documents that serve as aids to TMS users in identifying and selecting courses, consulting with VA employee groups regarding using catalog aids and other reference documents for accessing the online courses and digital books, and assisting in developing communications targeted to VA employees about these products and to facilitate their use.

Content shall include online courses and digital online books that include the following topics:

1. Business Skills;

2. Office Administration Skills;

3. Digital Skills- Productivity & Collaboration Tools;

4. Information Technology Desktop Skills;

5. Professional Development;

6. Information Technology Operations;

7. Information Technology System Development;

8. Finance;

9. Safety;

10. Health;

10. Leadership and Supervisory Skills;

11. Interpersonal Skills;

12. Communication Skills;

13. Data analytics;

14. Big Data;

15. Agile Methodologies;

16. Virtual Collaboration;

17. Emotional Intelligence;

18. Digital Leader;

19. Adaptive Leader;

20. Digital Automation;

21. Designing Digital Experiences;

22. Digital Transformation Strategy;

23. Building Microservice Architecture;

24. Transforming the Workplace using Artificial Intelligence;

25. Executive Presence;

26. Leader as a motivator; and

27. Women and leadership.

Mandatory courses that shall be addressed are:

a) U.S. Constitution;

b) Information Technology Security Awareness;

c) No Fear Act;

d) Civil Rights;

e) Diversity Awareness;

f) Ethics;

g) Workplace Harassment Prevention for Supervisors (and for Employees);

h) Sexual Harassment Prevention for Supervisors (and for Employees);

i) Active Shooter;

j) Americans with Disabilities Act;

k) Emergency & Disaster Preparedness;

l) Bloodborne Pathogen Awareness;

m) Fatigue Management;

n) Defensive Driving;

o) Workplace Violence Prevention in Healthcare;

p) Unconscious Bias; and

q) Religious Accommodation.

Online books shall cover the following topics:

a) Soft Skills, such as leadership, communications and effective writing;

b) Project Management;

c) General Business;

d) Leadership and Supervisory skills;

e) Information Technology;

f) Office Software Tools such as Microsoft (MS) Access, MS Word, MS Office, and MS

Excel;

g) Finance and Accounting;

h) Legal;

i) Personal self-help and support.

The licensing shall be calculated according to the number of unique persons that enroll in a course or register for access to the online reference books (i.e., one person launching any number of courses and/or accessing any number of online books will be counted as using one license during the contractual period). The contract will include two additional optional Contract Line Item Numbers (CLINs) for each period of performance; each optional CLIN will include an additional 5,000 licenses, which can be exercised at the government’s discretion. Per FAR 17.203(g)(2), the optional quantities do not exceed 50% of the initial quantity of licenses purchased.

Computer based training, including mandatory training, must be available to VA’s workforce on a 24 hours per day, 365 days per year basis. The scope of the training needs includes Information Technology, Desktop, Compliance, and Business Skills courses. The required services are to be accessible through courseware, on-line books, and video-based content.

Skillsoft’s e-Learning service will achieve a well-trained workforce to be professionally, functionally and technically sound in all skill areas through computer-based learning.

Skillsoft Books is a trademark of Skillsoft and is currently used VA-wide. Presently, there are many mandatory customized courses, developed specifically for VA employees, which require the Skillsoft player to launch the courseware. Additionally, there are core competencies associated with Individual Development Plans (IDPs) and agency specific curriculums established using Skillsoft courseware and books.

The total estimated estimated value of the proposed action, including all option periods and optional CLINs, is $11,292,500.

4. Authority and Supporting Rationale:

Per FAR Subpart 8.405-6(a)(1)(i)(B), Only one source is capable of providing the supplies or services required at the level of quality required because the supply or services are unique or highly specialized.

VA has diverse end user training needs which are deliverable through e-Learning training. In addition to providing courseware and online books on a 24 hour per day, 365 day per year basis, the training products must meet specific TMS operating requirements. Market research indicates that Skillsoft is the only vendor that can meet VA’s e-Learning requirements. In the conduct of market research via internet searches, other offerors were found such as Traliant, 360Learning, and SABA that offer the classes that are similar to what VA needs, but lack the requirement for digital books that accompany the classes. These digital books/classes were included specifically on the RFI/SSN that was posted on the FBO website. In addition, there are partners/competitors that are licensed to provide niche services for specific domains, but nothing as broad as the solution being provided to the VA. These licensed vendors include Pluralsight, which is just for technical training, VICTOR 12, which just develops customized courses, Abrams Learning and Information Systems, which is just for face to face professional training, and The Bowen Group, which just provides competency mapping. Lastly, these vendors are not able to provide course offerings over a certain value/quantity of licenses, which is significantly less than the approximately 250,000 licenses required by the VA. Skillsoft Corporation, LLC is the only vendor capable of providing the full spectrum of courseware licensing and digital books that the VA requires. Skillsoft is the developer of the products and does not license the entire solution/suite of courseware that is currently being provided to the VA to any of its channel partners.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR Subpart 8.404(d).

No award shall be made until the Contracting Officer determines that the order represents the best value consistent with FAR 8.404(d). In accordance with FAR subpart 8.404(d), the prices for services offered under the FSS are already determined fair and reasonable by GSA. Per the requirements of FAR Subpart 8.404(d), the proposed pricing, billed per license, is similar to the prices on Skillsoft’s pricing sheet for their FSS contract. The pricing chart below is for the proposed base year- note: the $8.68 unit price is the combined price of both the online courseware and digital books.

Title Quantity Combined Unit

Price (Online Courseware Licenses AND Digital Books Licenses)

Total Amount

Licenses for Online Courseware and Digital Books

250,000 $8.68 $2,170,000

Skillsoft’s GSA FSS contract is priced out in lots, dependent on the quantity ordered. Skillsoft’s GSA FSS pricing is below:

Digital Books/Books 24 x 7:

Title Quantity/Lot Size Unit Price (Digital Book License Only)

Books 24x7 (Digital Books)- Business Pro

Purchase of 8,700 to 9,000 licenses

$1.29

Books 24x7 (Digital Books)- Engineering Pro

Purchase of 8,700 to 9,000 licenses

$1.29

Books 24x7 (Digital Books)- ITPro

Purchase of 8,700 to 9,000 licenses

$1.29

Books 24x7 (Digital Books)- FinancePro

Purchase of 8,700 to 9,000 licenses

$1.29

Books 24x7 (Digital Books)- Office Essentials/Desktop

Purchase of 8,700 to 9,000 licenses

$.79

Total: $5.95

Online Courseware:

Title Quantity/Lot Size Unit Price (Online Course

License Only) SkillChoice Complete Package. Includes: Office Essentials, Information Technology and Business Courseware

Purchase of 8,700 to 9,000 licenses

$9.56

In summary, according to the GSA FSS pricing sheet, for a purchase of a lot of 8,700 to 9,000, the total for the combined online courseware and digital books is $15.51 ($5.95+$9.56) per user.

The proposed unit price for both the online courseware and digital books for VA’s requirement is $8.68. This number, $8.68, is significantly lower then the GSA FSS contract price of $15.51, rendering Skillsoft’s proposed price for VA’s requirement fair and reasonable in accordance with FAR Subpart 8.404(d).

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

. The effort did not yield any additional sources that can meet the government’s requirements.

There is no competition for this acquisition. In accordance with FAR Subpart 5.301, this Limited Sources Justification document will be published within 14 days after order award pursuant to FAR Subpart 8.405-6(a)(2)(i).

Market research was initially conducted by the HREC program office, including contractor support, on December 15, 2018, via a cursory search of FSS to determine if competition was viable for this action. While there are numerous vendors listed under SIN 132-32 on GSA IT Schedule 70 as providing the general services description “web-based training,” no vendors other than Skillsoft can provide the specific content needed to fulfill the requirements to meet the requirements as described above.

The Strategic Acquisition Center-Frederick then assisted HREC with fulfilling further market research requirements, which includes the internet searches that found the companies of Traliant, 360Learning, SABA, Pluralsight, VICTOR 12, Abrams Learning and Information Systems, and The Bowen Group. SAC-Frederick also assisted HREC fulfill the requirements of VA’s “Rule of Two,” which states requirements must be set-aside to Service-Disabled Veteran Owned Small Businesses (SDVOSBs) and Veteran-Owned Small Businesses

(VOSBs) if it is deemed that two or more SDVOSBs and VOSBs can fulfill the requirements at a fair and reasonable price to the government. This requirement stems from the Veterans Benefits, Healthcare, and Information Technology Act of 2006. In order to fulfill the requirements of VA’s “Rule of Two,” a Request for Information/Sources Sought Notice was posted on both FedBizOpps.gov, and the GSA eBuy website, to find both SDVOSBs and VOSBs. No SDVOSBs and VOSBs were deemed able to perform this work in the entirety as is needed by the VA. Other business types, including other small and large businesses were solicited via the RFI/SSN as well, but submitted no response, including questions or other correspondence.

Skillsoft is the only offeror that possesses the specific course material and digital books to meet the government’s needs and eliminate the need for a major change to existing courseware, curriculums, and IDPs.

7. Any other facts supporting the justification:

The key reason for sole sourcing this requirement to Skillsoft is to ensure that one contractor can perform all aspects of this requirement. While other businesses, large and small, have the capabilities to perform parts of this requirement, having one contractor offer both products will minimize the chance for system outages, that could lead to course and/or digital book non-availability. In addition, Skillsoft’s online courseware and digital books are complimentary in nature, ensuring continuity in learning. These attributes are essential to ensure training requirements are met for VA’s very large and heavily diverse workforce spanning from construction, scientific, medical, administrative, and other professional occupations.

The RFI/SSN was issued with the full suite of all classes and digital books needed, with full disclosure of which types of online courses, as well as digital books, that were needed. The RFI/SSN was published to FBO, a resource available to the public, as well as GSA eBuy, a resource available to all GSA FSS contract holders for a particular Schedule. As stated above, there were no responses from other than Skillsoft, that were comprehensive in scope to handle all of the tasks involved with this work.

8. Actions, taken to remove or overcome any barriers to competition before subsequent acquisition for the supplies or services is made:

. The government anticipates a continual need for the training for the next five years. However, the government will make efforts to continually survey the market and make all feasible attempts to remove any and all subsequent barriers to competition for these services in the future.

9. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

10. Technical and 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.

Brenda Blair-Gordon Date: ______________________

Program Manager Signature: __________________

11. Determination of Best Value/Procuring Contracting Officer Certification: I hereby determine that the proposed contract action will represent the best value to the Government.

GSA has already determined that the prices on the FSS contract are fair and reasonable. Further price analysis will be conducted and subsequent discussions held as necessary. Additionally, price discounts will be sought. I certify that this justification is accurate and complete to the best of my knowledge and belief.

Roxana Cepeda Date: ____4/23/2019_________

Procuring Contracting Officer Signature:__________________

Approval

12. Contracting Activity Competition Advocate Certification: In my role as Contracting Activity Competition Advocate, based on the foregoing justification, I hereby approve the acquisition of Skillsoft online educational content, pursuant to the authority cited in paragraph 4 above, subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Date: ____________ Signature: _____________________________ Clint R. Druk Competition Advocate for SAC-Frederick

ROXANA CEPEDA

110300

Digitally signed by ROXANA

CEPEDA 110300

Date: 2019.04.23 08:57:39 -04'00'

Brenda R Blair 110275

Digitally signed by Brenda R Blair 110275 Date: 2019.04.23 11:34:10 -04'00'

Clint Druk 1067224 Digitally signed by Clint Druk 1067224 Date: 2019.04.23 12:22:20 -04'00'