Notice of Intent to Sole Source- DataMiner.pdf

Solicitation Number: RFQ 951700-24-Q-XXXX Notice Type: Special Notice

This notice is being issued in accordance with Federal Acquisition Regulation (FAR) section

5.201 to notify the public of a proposed contract action.

The North American Identification Classification System (NAICS) code applicable to this procurement is 511210.

Introduction: The U.S. Agency for Global Media (USAGM) intends to contract by means of other than full and open competition and award a sole source contract in accordance with FAR 6.302-1 “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” with Skyline Communications, 2853 Executive Park Drive, Suite 202-F Westin

FL 33331.

Description: The U.S. Agency for Global Media (USAGM) will award a new contract for a period of one year. Services to be completed under this contract include providing, and maintaining of the DataMiner software applications and all associated modules, interfaces, custom development, and consultation services as stated in the attached Statement of Work.

The proposed DataMiner services must be provided 24/7/365 via telephone to USAGM/VOA designated Admins.

The only vendor identified that can provide the desired services to USAGM’ is Skyline Communications, 2853 Executive Park Drive, Suite 202-F Westin FL 33331.

This notice of intent is not a request for capability statements or competitive proposals.

However, all capability statements received within seven (7) days of the issuance of this notice will be considered by the agency. A determination by the Government to limit competition for this procurement based on responses to this notice is solely at the discretion of the Government.

For questions concerning this notice, please contact Mr. David P. Wallace,via email at DWallace@usagm.gov and Mrs. Brittany Vandiver, via email at BVandiver@usagm.gov.

No telephone responses regarding an interested firm’s statements of interest or capabilities will be accepted by the USAGM as a result of this notice.

Statement of Work

Statement of Work (SOW) for:

DataMiner Annual Software Support Services

I. Introduction -

The USAGM and Voice of America (USAGM/VOA) currently operate one of the largest implementations of the DataMiner software applications in the world. USAGM/VOA is now soliciting responses to this statement of work (SOW) form qualified candidates that can meet our requirements for software, licensing and Staging environment.

II. Scope or Work -

The Contractor shall provide resource(s) to accomplish the objectives detailed below:

a. Provide software DataMiner Agent Staging Node software l icensefor USAGM/VOA Users.

b. Assist with product information, engineering and consulting, revision control information, product usage issues, and incident resolution, which may involve problem determination, analysis, and diagnosis.

c. Provides standard support for DataMiner Software, including information on product configuration and usage, releases, and updates.

d. Provide software support services for reproducible malfunctions reported of the DataMiner software that prevent them from performing in accordance with documentation provided by DataMiner.

e. Provide a method for categorizing incidents reported based on this criteria:

Level 1: a condition where the fault continuously and/or intermittently influences the normal behavior of the software in a way that it becomes useless for Client, and no alternatives are available. Acknowledgement and a response can be expected within one (1) business hour and a workaround or fix in place within eight (8) business hours. Final resolution will be provided within five (5) business days.

Level 2: a condition where the Faults affects the software, or a part of the software, but where it doesn’t not render it entirely useless for Client (possibly) by means of a workaround or fall back mechanisms). Acknowledgement can be expected within eight (8) business hours and a workaround or fix in place within sixteen (16) business hours. Final resolution will be provided within thirty (30) business days.

Level 3: a condition where the Fault does not really impact on the use for Client, but which could possibly affect the software at a later time, or which potentially could escalate to a Level 2. Level 3 will also be applicable for all Faults that cannot be classified as Level 2 or Level 1.

Acknowledgment can be expected within twenty four hours (24) and a workaround or fix in lace within forty eight (48) business hours. Final resolution will be provided within ninety (90) business days.

f. Provide access to support services via telephone to USAGM/VOA designated Admins on 24 hour X 7, 365-day basis.

g. Represent and warrant that in providing the software support services, provider shall use a level of skill, diligence, care, and expertise commensurate with industry standards; and perform the support services in a professional manner and competent manner.

h. Provide software support services as an independent contractor. Nothing in this agreement shall be construed to imply an employment, joint venture, lease, partnership, or Agency relationship between the parties.

i. During the term of this agreement, provide free of charge to USAGM/VOA with corrections, updates, improvements, and modifications of current generation of the software that are generally released from time to time by DataMiner software.

j. Assumptions:

1. USAGM/VOA and contractor will mutually agree on actual date and base tasks will take place.

2. Contractor will perform the work associated with the base tasks offsite and connect to the

USAGM/VOA installation remotely, if needed.

3. Software support services do not include support for specific development work for customized modules necessary when upgrading to a new release of the software, or to developments done by USAGM/VOA or a Third Party based on one of DataMiner Software Application Programming Interfaces.

4. USAGM/VOA will use reasonable efforts to find solutions - by using manuals, documentation, experience, and knowledge – before initiating a support request.

5. USAGM/VOA will keep a record of system performance and a record of system architecture including, but not limited to operating systems, servers, network topology, network configuration, firewalls, third party products, etc.

6. USAGM/VOA will accurately describe either by phone, Skype, or by email, the error encountered and the circumstances under which it occurred, following standard error reporting protocol.

7. USAGM/VOA will give known information at the outset of a support request, of any relevant actions or changes made by USAGM/VOA to the supported system or equipment with which the supported system interacts.

8. USAGM/VOA will reasonably determine the error severity.

9. USAGM/VOA will collect information on the software and the versions involved; hardware, OS, and other appropriate configurations.

10. USAGM/VOA will collect log files configuration files, and other information needed to identify the nature of the error.

Ill. Major Duties-

Provide technical software support services described under II. Scope of Work.

IV. Deliverable Documents-

Detailed Terms and Conditions and Quote for technical software support service described under II. Scope of Work for a period of performance beginning September 22, 2024 through September 21, 2025.

V. Acceptance -

Final acceptance of the terms contained in the deliverable documents described will be at the discretion of USAGM Contracting Officer Representative (COR).

COR:

Dannetta Dominick;

202/920-2039 Email:

drdomini@usagm.gov

VI. Point of Delivery -

All deliverables will be located in the USAGM, located at 330 Independence Avenue, SW, Cohen Building.

VII. Knowledge Required -

Key personnel must have in-depth knowledge and demonstrated experience in providing software support for DataMiner software and fully understand the inter-dependencies among the products.

VIII. Period of Performance –

9/22/2024 to 9/21/2025

IX. Invoice Processing-

Invoices will be submitted electronically through the US Department of the Treasury’s Invoice Payment Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process “ and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov. Invoices for optional years must be submitted at least sixty (60) days before the end of the period of performance for the current year. The Contractor shall ensure that the invoice includes the following information:

• The Task number, total award amount and remaining balance for Task.

All charges shall be broken down to show current and cumulative charges, amount obligated, and balance.

• Labor listed by labor category and CLIN number and current amounts.