A04_LSJ_Blackboard_Renewal_FY17_redacted.pdf

DAU Procurement Request Number: HQ004975919 LSJ Number:

LIMITED-SOURCES JUSTIFICATION FOR FEDERAL SUPPLY SCHEDULE PROGRAM

Upon the basis of the following justification, prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(c), sources limited to fewer than those required in FAR 8.405-1, pursuant to the authority of 41 U.S.C. 251 as implemented by FAR 8.405-6(b). This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251, et seq.)

1. Identification of the agency and the contracting activity.

Requesting Agency: Headquarters Defense Acquisition University (DAU) 9820 Belvoir Road, Fort Belvoir, VA 22060.

Contracting Agency and Activity: Washington Headquarters Services (WHS) Acquisition Directorate (WHS/AD) WHS Enterprise IT Services Directorate (EITSD)

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

The proposed requirement is to acquire continuing annual maintenance and support services on Blackboard software in support of the Defense Acquisition University (DAU) enterprise via a Firm Fixed Price (FFP) contract with Limited Sources Justification (LSJ) utilizing Federal Supply Schedule (FSS). This requirement is for continuing current level support services for Blackboard systems software utilized within the DAU academic enterprise.

3. A complete description services required to meet the agency’s needs.

DAU IT Directorate request procurement renewal support services with 2 Option Year (OY) periods for the DAU Blackboard Learning System enterprise licenses and maintenance. This support includes the complete set of tools for course preparation, delivery and management. Blackboard is focused on helping institutions at all levels drive learner achievement by creating personalized and engaging learning experiences, the kind that when achieved on a wide scale can bring about big and measurable change in learning outcomes. Innovative Environment faculty can leverage exciting new collaborative learning environments that can impact learning outcomes. This includes advanced communication features, extensive support for group work and new tracking capabilities. Blackboard is the sole manufacturer of the Backboard Academic Suite and sole provider of Blackboard Technical support services and training. This is a follow-on limited sole source brand name renewal of Backboard Academic Suite for the DAU enterprise network. The Period of Performance for base year renewal is 12/4/2016 ~12/3/2017.

The total estimated value of the proposed action for Base year:………….. $222,000.00 Estimated annual cost for Option Year 1 ELA:….……………………………………. $232,000.00 Estimated annual cost for Option Year 2 ELA:…………………………………………$244,000.00

Total lifecycle estimated contract value is: $698,000.00.

4. An identification of the LSJ rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service.

Justification: In accordance with 8.405-6(b) (1)-An item peculiar to one manufacturer, Blackboard, is required. A brand name item is essential to the Government’s requirements, and market research indicates other companies’ similar products or products lacking the particular feature, do not meet, or cannot be modified to meet the agency’s needs.

This follow-on brand name procurement only is for the Blackboard licensing for the Defense Acquisition University. The technical characteristics of the requested Blackboard license renewals and support services are unique to Blackboard and essential to our needs because:

a. The requested Blackboard Learning System Enterprise licenses are a FY17 renewal for extending services for DAU through 12 December, 2019. Blackboard certifies it is the sole provider of the Blackboard Technical Support Services, Blackboard ASP Services, Blackboard Professional Services, and the sole provider of Blackboard Training Services for the Blackboard software. Blackboard is sole source and competition is precluded for reasons indicated below. DAU mission would be negatively impacted if it was forced to adopt another LMS other than Blackboard. All of our course materials that directly support course iteration execution currently resides on the DAU Blackboard. To move that content to another LMS would require an operational shutdown that would adversely impact the DAU mission.

b. There are no maintenance providers authorized by Blackboard, Inc. to provide for both maintenance and software upgrades. Blackboard, Inc. is the sole manufacturer of the Blackboard Learn software, and sole provider of the Blackboard Technical Support Services, Managed Hosting Services, Professional Services, and the sole provider of Blackboard Training Services for the Blackboard software. Blackboard software and associated services cannot be obtained from any vendor other than Blackboard, Inc.

c. The Blackboard Software is considered mission critical and must be patched and maintained in accordance with DoD CERT policy.

d. This is also a follow-on contract action of highly specialized software client licenses and maintenance services. This sole source brand name renewal is quoted from current GSA GS- 35F-0554M contract. The service support renewal final option (2) award last year was award to Blackboard, Inc., GS-35F-0554M Order # HQ0034-14-F-0006 dated 04-Dec-2014 for continued Blackboard support services for the DAU enterprise. This limited source action will avoid duplication of costs that is not expected to be recovered through competition as well as prevent unacceptable delays to the government.

e. Blackboard certifies it is the sole provider of the Blackboard Technical Support Services, Blackboard ASP Services, Blackboard Professional Services, and the sole provider of Blackboard Training Services for the Blackboard software. Blackboard is sole source and competition is precluded for reasons indicated below. The DAU mission would be negatively impacted if it was forced to adopt another LMS other than Blackboard. All of our course materials that directly support course iteration execution currently resides on the

DAU Blackboard. To move that content to another LMS would require an operational shutdown that would adversely impact the DAU mission. A copy of Blackboard Sole manufacturer, sole provider of Blackboard licenses, and Blackboard Training Service letter is enclosed along with a Blackboard renewal terms quote dated 9 September, 2013.

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

Determination – Per FAR 8.404(d). Services offered on the schedule are priced either at hourly rates, or at a fixed price for performance of a specific task (e.g., installation, maintenance, and repair). GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order (see 8.405-4).

6. A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted. A statement must be made that the supplies and services are available from the FSS.

Blackboard is essential to the Government’s requirement, and market research indicates other companies’ similar product, or products, lack features to meet the Government’s complete requirements. The DAU network is under strict configuration management controls. The control are consistent with industry and Department of Defense operation standards. Prior to standardization on Blackboard software, all available technologies were evaluated, Blackboard software was selected as the best value. The uniqueness of the Blackboard, Inc. licenses, training services, and requisite capabilities required by DAU is why full & open competition is not possible, due to the nature of Blackboard being sole manufacturer and vendor of the products. A significant impact to DAU training efforts would result if the item is not procured.

7. Any other facts supporting the limited source justification.

Procurement History Sole Source to Blackboard, Inc. 2006 contract W91QV1-06-F-0266 dated 09/11/06 Sole Source to Blackboard, Inc. 2007 contract W91QV1-07-F-0318 Sole Source to Blackboard, Inc. 2008 contract W91QV1-08-F-1199 dated 09/17/08 Sole Source to Blackboard, Inc. 2009 contract W91QV1-09-F-0187 dated 07/01/09 extend Sole Source to Blackboard, Inc. 2010 contract W91QV1-10-F-0010 dated 12/10/09 Sole Source to Blackboard, Inc. 2011 contract W91QV1-11-F-0002 dated 11/29/10 Sole Source to Blackboard, Inc. 2012 contract W91QV1-12-F-0003 dated 12/06/11 Sole Source to Blackboard, Inc. 2013 contract W91QV1-13-F-0004 dated 11/30/12 Limited Source to Blackboard, Inc. 2014 contract HQ0034-35F-P-0044 dated 12/04/2013 (base plus 2 option periods)

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

It would not be cost effective to change learning management systems given our current investment (time and money) in Blackboard. The statutory authority is 10 U.S.C.

2304 (c) (1), only one responsible source and no other supplies or services will satisfy agency requirements. The applicable FAR citation is FAR 8.405-6. At the end of this proposed annual support renewal contract, DAU will revalidate the Government’s requirement and quantities; and conduct new market research to identify software that meets all Government requirements.

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 / Requirements Certification: I certify that the supporting data under my cognizance that are included in this Justification and Approval are accurate and complete to the best of my knowledge and belief.

Submitted By:

APPROVAL

Approval is granted subject to the availability of funds and provided that the products/services described herein have otherwise been authorized for acquisition.

11. Contracting Officer: I certify that the facts and representations included in this Justification are accurate and complete to the best of my knowledge and hereby determine that the anticipated cost to the Government will be fair and reasonable. For Limited Source J&As, this approval represents the best value in accordance with FAR 8.404(d).

Signature: ________________________________ Date:

Print Name: ______________________________ Office: _____________________

12. Competition Advocate

Signature: ________________________________ Date:

Print Name: ______________________________ Office: _____________________

12. Competition Advocate