This posting is to inform about the Sole Source renewal of annual maintenance and support services on the CT Summation Enterprise for 40 users as a 12 month base period with two 12 month options. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the solicitation; quotations are being requested and a written solicitation will be issued as request for quotation number H94002-08-Q-0006. This is a sole source requirement in accordance with FAR 13.106-1(b)(1); the TRICARE Management Activity intends to award a firm fixed-price purchase order as a 12 month base period with two 12 month options to CT Corp DBA Summation Legal, 111 8th Avenue 13th Floor, New York, NY 10011-5201, in accordance with FAR Part 12 and Part 13. Sole Source Justification: Description of Services - One of the prime missions of the TRICARE Management Activity Office of General Counsel is to represent the agency before various courts, boards, and other forums. In order to effectively represent the agency it is imperative that the Office of General Counsel have access to an Automated Litigation Support (ALS) service which allows agency attorneys to search transcripts, litigation documents, electronic evidence, etc. electronically after the data has been imputed into the Summation system. Currently, the Office of General Counsel is using DITSCAP/DIACAP approved Summation software. The purpose of this purchase is for maintenance of that software. Authority for Other Than Full and Open Competition - To compete and acquire new software, the cost associated in maintaining, installing, training users, and obtaining DIACAP approval on the software will more than duplicate costs in which the government will not recover. In addition, due to the time sensitivity associated with multiple litigation/bid protest cases, the user agency will experience a substantial delay transitioning to new software on stand alone workstations from at least two, separate locations, while awaiting a prolonged DIACAP certification for the software to be approved on a stand-alone network and for the TMA network. It is in the government?s best economical interest to solicit as a sole source for the maintenance and support renewal. The DIACAP certified existing software is the only source that can meet the agency?s needs within the required time frame. It is the Contracting Officer?s determination that the anticipated price to the government for maintenance and support renewal will be fair and reasonable through the application of price analysis between the price of the sole source maintenance and support renewal and the price associated in comparison with new software with its associated maintenance and training costs. Market Research - Market research was conducted by attempting to obtain pricing information from at least four additional publishers of litigation support software and maintenance. In comparing the renewal price for the maintenance and support for the CT Summation Enterprise software and the cost associated with acquiring other products, there will be a substantial duplication of cost to the Government that will not be recovered through competition. Demonstration of the Contractor?s Unique Qualifications - CT Summation Enterprise is the proprietary product of CT Summation. CT Summation is the sole provider of the software and its maintenance and support. In addition, the CT Summation Enterprise software became DIACAP certified and was installed on the TMA network in December 2007 when the process began in August 2006, sixteen months total. The NAICS Code is 541199 ? All other legal services with a business size standard of $6,500,000.00; although this requirement is not a small-business set-aside. The Contractor shall provide annual maintenance and support services for CT Summation Enterprise for 40 users, which includes technical support and software updates to the product. The period of performance will be Date of Maintenance purchase through 12 months: CLIN 0001 Base Period CT Summation Enterprise 10 User License ? Maintenance Renewal (27-010-168497), Quantity: 1 Each CLIN 0002 Base Period CT Summation Enterprise 30 User License ? Maintenance Renewal (27-030-168498), Quantity: 1 Each CLIN 1001 Option Period One CT Summation Enterprise 10 User License ? Maintenance Renewal (27-010-168497), Quantity: 1 Each CLIN 1002 Option Period One CT Summation Enterprise 30 User License ? Maintenance Renewal (27-030-168498), Quantity: 1 Each CLIN 2001 Option Period Two CT Summation Enterprise 10 User License ? Maintenance Renewal (27-010-168497), Quantity: 1 Each CLIN 2002 Option Period Two CT Summation Enterprise 30 User License ? Maintenance Renewal (27-030-168498), Quantity: 1 Each The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-23, effective January 25, 2008: FAR 52.204-7 Central Contractor Registration; FAR 52.212-1 Instructions to Offerors?Commercial Items; FAR 52.212-2 Evaluation?Commercial Items; FAR 52.212-3 Offeror Representations and Certifications?Commercial Items; FAR 52.212-4 Contract Terms and Conditions?Commercial Items; FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders?Commercial Items; FAR 52.217-5 Evaluation of Options; FAR 52.217-8 Option to Extend Services; FAR 52.217-9 Option to Extend the Term of the Contract; FAR 52.232-19 Availability of Funds for the Next Fiscal Year; and FAR 52.232-33 Payment by Electronic Funds Transfer?Central Contractor Registration; FAR 52.247-34 F.O.B. Destination; and DFARS 252.232-7003 Electronic Submission of Payment Requests. By the authority of 13.106-1(b) the Government intends to solicit from a single source. Interested responsible vendors may identify their interest and capability to respond to the requirement or submit a quotation including the following: technical specifications which include documentation, statement whether or not the product is DIACAP approved, license configuration, maintenance, and training. This combined synopsis/solicitation is not a request for competitive quotes. However, all quotes received will be considered by the Government. A determination by the Government not to compete with this proposed purchase order based upon responses to this synopsis/solicitation is solely within the discretion of the Government. The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers, in descending order of importance: price, technical, and past performance. Technical and past performance, when combined, are significantly less important than price. Performance shall be delivered, accepted, and inspected at the FOB destination: TRICARE Management Activity, 16401 East Centretech Parkway, Aurora, CO 80011-9066. All quotations shall include the following: RFQ number; offeror?s name, ordering address, telephone number, and point of contact; DUNS number, Taxpayer Identification Number (TIN), Cage Code; price and availability for each line item even if the dollar value is $0.00; estimated delivery after receipt of order (ARO), and an offeror?s completed ?Representations and Certifications?. Send quotations to Ms. Alicia Broner, Office of the Assistant Secretary of Defense Health Affairs, TRICARE Management Activity, 16401 East Centretech Parkway, Aurora, Colorado 80011-9066, by facsimile to (303) 676-3987, or by email to
[email protected]. All quotes are to be received by February 26, 2008, no later than 5:00 PM MST. The cut-off date for inquiries is February 22, 2008 at 12:00 MST and shall be forwarded by email to Ms. Alicia Broner.