Attach 9 Redacted_Multiple Award Class JOFOC.pdf

SP-HRS-45742 –USAL Learning System Licenses

CLASS JUSTIFICATION AND APPROVAL

for OTHER THAN FULL and OPEN COMPETITION

1. Agency and Contracting Activity.

Office of Personnel Management Office of Procurement Operations (OPO) 1900 E Street NW Washington, DC 20415

2. Nature and/or description of action being approved.

Human Resources Solutions/Center for Leadership Development/USALearning® (HRS/CLD/USAL) plans to procure 17 brand name learning system licenses to support the requirements of the USAL Multiple Award –Learning System Licenses (LSL) Indefinite Delivery Quantity (IDIQ), hereby referred throughout this document as LSL. The USAL customer agency Learning Ecosystem connects data that can be shared between learning systems such as the Talent Management System (TMS) and Learning Management System (LMS), Learning Record Store (LRS), Social Learning Environment (SLE), Learning Content Management System (LCMS) and associated content software utilized within these systems.

These licenses, as shown in the table below, usually in the form of commercial vendor hosted annual subscription service, provide:

• virtual licenses for live and instructor-led events,

• content learning portals and platforms,

• talent & learning management systems,

• commercial-off-the-shelf (COTS) eLearning libraries,

• social learning and collaboration software

• other as required.

This Class Justification for Other than Full and Open Competition (JOFOC) is for brand name learning system licenses that are essential to the USAL program that supports Government operations in over 60 agencies, to include Federal, State and Local Municipalities. The brand name licenses will provide support and services to be delivered and used by USAL Customer agencies for various Learning Ecosystem components. An individual JOFOC-Brand Name or Addendum to the applicable Class JOFOC-Brand Name will be accomplished and posted in accordance with the FAR where a TO requires a brand name that is not included on the appropriate Class JOFOC – Brand Name.

3. Description of supplies/services required to meet agency needs.

The learning system licenses will provide the USAL program all aspects associated with commercial licenses to support customer requirements.

SP-HRS-45742 – USAL Learning System Licenses

The specific brand name licenses are captured in the table below:

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

Acendre

Cornerstone OnDemand

Oracle Taleo Cloud

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 Provide additional assessment and/or Qualtrics XM Platform

Assessments and Survey Software 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.

QuestionMark OnDemand for Government

Collaborative Learning Environment

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.

Huddle Content Collaboration

Slack

Asynchronous E-Learning Collaboration Environment (AeCE)

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.

Adobe Connect Managed Services CISCO Webex, Webex for Government KUDO Platform

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

Task Orders (TO) will be issued and may contain optional ordering periods which are dependent on USAL/customer agency specific requirements. The LSL contract vehicle will utilize the listed brand name learning system licenses.

The ordering period is ten-years and six-months from date of Award which consists of a five-year base ordering period, (1) five-year optional ordering periods, and a six-month Option to Extend Services which will be evaluated at the time of award.

The total estimated value of the software licenses for this JOFOC is $1,324,948,643.00.

The Independent Government Cost Estimate (IGCE) was derived by utilizing historical data from previous OPM contracts for similar products, research on GSA Schedules and from historical data from the program office’s COR files.

4. Statutory Authority Permitting Other than Full and Open Competition.

The statutory authority permitting acquisition of the requirement by other than full and open completion is 41 U.S.C. § 3304(a)(1) as implemented by FAR 6.302-1(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This authority is applicable to brand name justifications in accordance with FAR 6.302-1(c)(1).

5. Demonstration that the Contractor’s unique qualifications or nature of the acquisition requires the use of the authority cited.

These learning system licenses categories, as described in the table above, could be applicable to either purpose provided below to support the requirements of the USAL Customer Agencies Ecosystem dependent upon its specific needs:

a. New requirement - The brands identified within this justification are FedRAMP approved software that have historic use or potential applications for training and education use compatible with the current USAL Customer Agency Ecosystems. These brand name learning system licenses meet the requirement to be FedRAMP authorized, have an ATO or ATU granted as required for all Federal data systems and are compatible with the current USAL Integrated Learning Ecosystem.

b. Renewal requirement – These would include software brands listed in the table above which are currently in use by USAL and/or Customer Agency LMS’ for its Ecosystem components. To be compatible with the current environment, Customer agencies require existing licenses which have already integrated within their network. Replacement with different software brands would require lengthy transition periods for set-up and migration of all data to a new system and environment and re-training of all administrators and users. For example, Blackboard has been in service by the Army for nearly two decades. Its license covers over a million active-duty, reserve, civilian, and contractor learners. Any replacement would also have to be FedRAMP approved with current ATO or ATU.

Re-competition of LMS and other learning systems software is not an efficient option unless the Customer agency plans this event several years in advance to allow for transition time ranging from 4-12 months, depending on the complexity. Migration from one system to another is costly and can result in system records becoming lost or unavailable if not done properly. This is due to the fact that these systems vary in the way course and learner data is arranged, retrieved, and archived. In addition, the primary system and all associated software must be secured in accordance with FISMA and FedRAMP requirements. These systems must have an ATO, which is a three-year process to set-up, document, test, and be approved. Not all systems or software are FedRAMP compliant and therefore cannot be acquired without a Government sponsor and or by the vendor completing the Joint Authorization Board (JAB) approval process*.

All listed commercial software and systems have been federalized for all information technology Cybersecurity requirements, including FISMA, FedRAMP, and specific Customer agency requirements. Only commercial software can be acquired that is FedRAMP approved and listed on the https://marketplace.fedramp.gov portal unless either of the following exceptions apply:

• Software has received a FedRAMP waiver

• Software is secured by a FedRAMP boundary from another system as it relates to

Training, Learning, and Education and USAL Customer requirements.

These software programs cannot be randomly substituted, changed, or modified without https://marketplace.fedramp.gov/ extensive security controls put in place for testing and certification.

FedRAMP authorized brand name licenses (and subscriptions) utilized for USAL customers form an integral part of an agency’s Learning Ecosystem, and in most instances forms the backbone of all the other components. The brand name selection for these cloud-based commercial systems requires FedRAMP authorized status, as confirmed in the FedRAMP Marketplace website:

https://marketplace.fedramp.gov/#!/products?sort=productName&productNameSearch=zoom

* NOTE: FedRAMP must be complete with authorization by agency or Joint Authorization Board (JAB) Provisional Authorization for inclusion in this Class JOFOC. For definitions see publication titled “FEDRAMP MARKETPLACE Designations for Cloud Service Providers” https://www.fedramp.gov/assets/resources/documents/FedRAMP_Marketplace_Designations_for_Cloud_Service_Providers.pdf

6. Description of efforts made to ensure that offerors are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required under FAR 5.2, and, if not, which exception under FAR 5.2 applies.

The proposed contract actions will be posted to the Government Point of Entry as a total small business set-aside.

TOs issued will provide fair opportunity but will be exempt from additional synopsis under FAR 5.301(b)(3).

Note: Contractors are not required to provide all brands to receive award. The number of contracts awarded will be dependent on the number of Contractors who can provide multiple licenses. The intent is to award sufficient contracts to ensure ample competition to provide fair opportunity at the TO level. OPM anticipates subcontracting and/or teaming arrangements, as defined in FAR 9.601(2), will be appropriate to satisfy all requirements.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost will be determined fair and reasonable by utilizing price analysis techniques at FAR 15.404-1(b)(2). Pricing for each Contract Line-Item Number is anticipated to be established at the IDIQ level inclusive of all optional ordering periods evaluated prior to award.

Additionally, the Government anticipates receiving proposals from two or more Offerors thus resulting in adequate competition. The adequate competition will ensure fair and reasonable prices are received. In addition, further discounts will be requested.

8. Description of the market research conducted and the results or statement of the reason market research was not conducted.

Market research was conducted by the Program Office and OPO which consisted of the following: Request for Information (RFI), virtual Industry Day, and White Paper. Market research was conducted to find the following: sources who can provide the USAL Services and Support, methods to promote Small Business utilization, and acquisition strategy development.

https://marketplace.fedramp.gov/%23!/products?sort=productName&productNameSearch=zoom http://www.fedramp.gov/assets/resources/documents/FedRAMP_Marketplace_Designations_for_Cloud_Service_Providers.pdf http://www.fedramp.gov/assets/resources/documents/FedRAMP_Marketplace_Designations_for_Cloud_Service_Providers.pdf

Government’s Market Research Findings:

A RFI announcement was posted on betaSAM.gov on August 28, 2020 responses were due back from industry on September 4, 2020. RFI requested capability statements and answer to specific questions. The results of the RFI were as follows:

• 74 Questions received

• 25 Capability Statements

• 12 Large Business and 13 Small Business Interested Sources

Software License Specific: The RFI provided a sample size of two commonly requested commercial LMS brand name licenses, one open-source LMS brand name, and one cloud hosting platform as required by USAL/customer agencies for contractors to respond.

The table below summarizes the capability responses received and whether businesses could mee the specific brand (Note, responses reflect 24 vendors as 1 vendor only provided a cover letter and therefore was unable to be fully evaluated):

Brand Name Type Large Business Small Business Microsoft Azure Cloud hosting platform 6 – Yes 3 - No

5- Yes 10- No or unknown

Moodle Open-source LMS 5-Yes 4-No

7- Yes 8- No or unknown

Blackboard Commercial LMS 7-Yes 2-No

8- Yes 7- No or unknown

Cornerstone Commercial TMS 6-Yes 3-No

5- Yes 10- No or unknown

The RFI requested information to develop the acquisition strategy which was outlined in the format of request and purpose. For instance, it requested the applicable NAICS codes with business/socioeconomic category and stated the purpose was to determine the potential for a set-aside. It also requested contractors provide relevant feedback to seven questions and stated the requirements may vary from the final requirements document.

The RFI capability statements showed numerous small businesses, inclusive of socioeconomic business concerns, can provide LSL confirming a total small business set-aside will provide access to a greater number of Small Business Offerors.

A virtual Industry Day was conducted on October 14, 2020. It was announced to the industry via betaSAM.gov. The Program Office hosted the industry day and presented PowerPoint slides and an open forum to address questions received during the RFI. The results of the Industry Day were as follows:

• 86 companies in attendance.

• 30 Large Business, 49 Small Business, 1 Educational, and 6 Unknown

Software License Specific: One Large Business Contractor sent a capabilities overview following Industry day that stated “has the capability to deliver services that promote innovation at a lower cost because of our strategic relationships with globally recognized LMS and TMS vendors (e.g., SAP, Cornerstone OnDemand, Oracle, Workday). Those relationships extend to our leading implementation practices with Oracle/PeopleSoft, SAP SuccessFactors, Saba, Workday, Salesforce, and ServiceNow”

A White Paper was posted for industry via betaSAM.gov on March 31, 2021. The white paper was utilized to explain current state of RFI. The results of the white paper were as follows:

• 28 Companies responded

• 8 Large Businesses, 16 Small Businesses and 4 Unknown

Software License Specific: White paper response from One Large Business Contractor (who stated it is not a potential offeror as a prime contractor).

9. Any other facts supporting the use of Other Than Full and Open Competition.

Not Applicable

10. List of sources, if any that expressed interest in the acquisition.

A total of 139 businesses and educational institutions expressed interest in the USAL Services and Support acquisition; 50 Large Businesses, 78 Small Businesses, 1 Educational Institution, and 10 Other/Unknown.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Prior to any new, recompete, or follow-on contract for brand name licenses USAL will verify there are no changes in the requirement by conducting market research and utilizing any technology refreshes conducted over the ordering period of this contract.