J and A Blackboard Open Market Items_Final.pdf

General Services Administration Federal Acquisition Service (FAS), Southwest Supply Acquisition Center (SSAC)

Justification and Approval for a Sole Source Acquisition (J&A)

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

The requiring activity is the United States Air Force Air Education and Training Command – Learning Services Division (AETC) in JBSA-Randolph, TX. The contracting activity is the General Services Administration, Global Supply, Southwest Supply Acquisition Center (SSAC), 819 Taylor St., Fort Worth, TX 76102.

NATURE OF ACQUISITION BEING APPROVED

This action is to support the award of a Limited Source, Firm-Fixed Price Task Order for the provision of software subscriptions and support developed by Blackboard, Inc. The Task Order, 47QSWC20F0081, is for the duration of one (1) year. This Task Order was issued against Blackboard, Inc.’s Multiple Award Schedule (MAS) contract, GS-35F- 0554M.

This limited source document specifically supports the open market portion of the awarded Task Order for the aforementioned software subscriptions and support required by the customer against the awardee’s Multiple Award Schedule (MAS) contract with the same terms and conditions. This acquisition was conducted under FAR 8.4, the Federal Supply Schedules program.

The Request for Quote (RFQ) ID22200070 for the task order was sent directly to Blackboard, Inc. on June 17, 2020 so that Blackboard may respond with a quote from their MAS contract under the following Special Item Numbers (SINs):

SIN 511210 (Software Licenses)

Legacy SIN 132 32 (Term Software License)

Blackboard responded on June 19, 2020 and their quote was evaluated. Blackboard, Inc.’s quote, which included schedule items available on their MAS Contract# GS-35F- 0554M and open market items, was determined by the Contracting Officer to represent the best value to the Government and the award notification was issued on June 29, 2020.

This J&A seeks approval to procure the necessary open-market items on a sole-source basis from Blackboard, Inc. which represents only a portion of the overall award.

A DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE)

This J&A is for the purchase of open-market items necessary for a total solution for the purchase of software subscriptions and support as required by the United States Air Force

Air Education and Training Command – Learning Services Division (AETC) in JBSA- Randolph, TX. The open-market items consist of the following:

CL-WC-USR BB Collaborate Web Conferencing – includes 50 GB of storage for standard recordings and pre-load storage, 50 GB of storage for MP4 recording conversion, and 10,000 annual MP4 views/downloads – 4001-8000

AS-HST-DIAM-P Blackboard Managed Hosting Diamond 1 package – 8,000 active users, 500 GB, 20 mbps, 25% CHM

MOB-LRN Blackboard Mobile Learn – (GSA) 15,001-25,000 users AS-HST-OS Blackboard Managed Hosting for Outcomes – (GSA) includes 50

GB, 1 mbps AS-ICMCUSDV ICM for Custom Development (CAC Authentication) AS-ICMRPTSFRMWRK ICM for Report Notification Framework AS-TPD-S Training Program Development – Subscription AS-LRNMOR-OL Learn More Online

The total award value for this open-market portion of the requirement based upon actual quantities is $413,364.68.

IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING A SOLE

SOURCE AWARD

For administrative convenience, an ordering activity Contracting Officer may add items not on the Federal Supply Schedule (also referred to as open-market items) to a Federal Supply Schedule (FSS) task order under FAR 8.402(f) only if all applicable regulations are followed, the price is determined fair and reasonable, items are labeled as open-market on the order, and all applicable clauses are included on the order. The open market value of the procurement is $413,364.68. As the total awarded amount of the task order is $1,153,748.66, the open-market portion is approximately 36% of the total award value.

The open-market items listed above have been evaluated in accordance with FAR Part

13.5 – Simplified Procedures for Certain Commercial Items. Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in FAR 6, thus the requirement for full and open competition does not apply in accordance with FAR 13.501(a)(1).

The Contracting Officer (CO) completed this J&A for a sole source acquisition by utilizing the format listed in FAR 6.303-2 as required by FAR 13.501(a)(1)(ii) and modified the format to reflect FAR 13.5 procedures. Approvals at the specified levels in accordance with FAR 13.501(a)(2)(i) were obtained.

DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED

The awardee of the limited source task order is Blackboard, Inc. The open-market items were included in the contract with the sole purpose of providing the AETC with a total software solution. The open-market items CL-WC-USR BB Collaborate Web Conferencing; AS-HST-DIAM-P Blackboard Managed Hosting; MOB-LRN Blackboard Mobile Learn; AS-HST-OS Blackboard Managed Hosting; AS-ICMCUSDV ICM for Custom Development (CAC Authentication); AS-ICMRPTSFRMWRK ICM for Report Notification Framework; AS-TPD-S Training Program Development; and AS- LRNMOR-OL Learn More Online were previously included in a Limited Source Justification (LSJ) that limited competition to Blackboard which was sent directly to Blackboard with the RFQ. It was unknown at the time that the majority of these items would not be available on schedule.

Although other sources may be capable of providing these Blackboard items on a stand-alone basis, these items are inseparable from the requirement that was awarded. If these items were to be awarded to a vendor other than Blackboard, Inc., substantial duplication of costs would occur. Additionally, the AETC would suffer a lapse in service coverage and all customer access to data being maintained under their previous contract, OPM2615D0001, Order O0095, would otherwise be lost. Both occurrences would negatively affect the customer and significantly hinder their ability to meet their mission priorities.

These items are customizations that are required by the customer and were quoted as part of the total solution submitted for evaluation. The items themselves are within the scope of Blackboard’s MAS contract and are not separable from the total solution. Therefore, the only source capable of providing the open-market items efficiently and in the best interest of the Government is Blackboard, Inc.

DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTES ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS

REQUIRED BY SUBPART 5.2 OR IF AN EXCEPTION UNDER 5.202 APPLIES

With the open market contract value not known until the time of award, a separate notice was not publicized on betaSAM as exception FAR 5.202(a)(11) applies. The open market items qualify as being within scope of Blackboard’s existing MAS contract# GS-35F- 0554M and can be added to the task order for administrative convenience in accordance with FAR 8.402(f). Blackboard’s MAS contract was awarded in response to an evergreen solicitation that was previously synopsized in sufficient detail to allow for other vendors to go through the process of receiving their own MAS contract or add software licenses to their existing MAS contract.

Additionally, the LSJ for the task order properly justifies the limitation of competition to a single source based upon the fact that award of this requirement to another vendor would have resulted in the unacceptable loss of existing customer data currently being maintained by Blackboard, Inc.

DETERMINATION BY THE CONTRACTING OFFICER ANTICIPATED COST

WILL BE FAIR AND REASONABLE TO THE GOVERNMENT

Pricing submitted by Blackboard for these open-market items was compared to the Independent Government Estimate (IGE) and pricing from Option Year 3 from the previous contract for the same items. Pricing was compared for each of the eight (8) items in order to determine Blackboard’s quoted prices fair and reasonable.

In accordance with 13.106-3(a)(ii) and (vi), the prices submitted by Blackboard, Inc. for these open market items are found to be found fair and reasonable.

DESCRIPTION OF MARKET RESEARCH CONDUCTED

Market research was conducted via a search of the Interagency Contract Directory (ICD) database to identify all potential existing contracting vehicles which would be a viable solution for this requirement No solutions were identified with relevant search criteria.

The Contracting Officer posted an RFI on May 27, 2020 for a period of five (5) days.

Fifteen (15) responses of “No Quote” were received and two (2) responses with capability statements were received. Of the two (2) vendors that responded, Blackboard and TechSolnZ LLC, Blackboard is the company currently being used in the capacity of subcontractor by United States Air Force Air Education and Training Command – Learning Services Division. The customer has stated that their current configuration cannot be deleted or decommissioned to avoid an unacceptable loss of data. While TechSolnZ LLC was a potential source and appeared to have the capability to provide Blackboard software, they would not be the best source to ensure current configurations are not deleted or decommissioned to avoid an unacceptable loss of data. Additionally, the Contracting Officer requested that TechSolnZ provide documentation that they are an authorized dealer/reseller of name brand Blackboard software licenses. The vendor did not respond to the request.

At the time of award, additional market research was not conducted as the LSJ limiting competition for the task order to a single source had already properly justified why only one source was able to meet the government’s minimum need for these software licenses and support.

ANY OTHER FACTS SUPPORT THE USE OF A SOLE SOURCE AWARD

All facts support the use of a sole source award have been addressed above.

LIST ANY OTHER SOURCES THAT EXPRESSED INTEREST IN WRITING

All sources that have expressed interest in writing did so during the RFI phase and are listed above.

STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE BARRIERS TO COMPETITION

Although other sources may be capable of providing these open-market items, substantial duplication of costs would occur if this open-market procurement is conducted on a competitive basis. Additionally, the customer would have suffered a loss of data if the award had been issued to a vendor other than Blackboard, Inc. The only source capable of providing the open-market items efficiently is Blackboard, Inc. and is in the best interest of the Government.

TECHNICAL PERSONNEL CERTIFICATION THAT JUSTIFICATION IS

CERTIFIED AS COMPLETE AND ACCURATE

The previous justification for limiting competition to Blackboard to meet the need of the AETC for software and support was certified as complete and accurate by technical personnel Gina D. Johnson, Deputy, Learning Services Division on June 9, 2020. The certification of Ms. Johnson extends to this justification as the part numbers have not changed and are still required in order to provide a total solution to the AETC. The difference is that instead of procuring the identified part numbers off schedule, they will be procured via open market.

CONTRACTING OFFICER CERTIFICATION THAT JUSTIFICATION IS

CERTIFED AS COMPLETE AND ACCURATE

The Contracting Officer has determined that this justification meets the conditions described in FAR 13.501. The information contained in this justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Prepared By:

Kara Yosten Date Contracting Officer