DOJ Spends $13.4M on IBM Software Licenses for Data Centers via Non-Competitive Order

Contract Overview

Contract Amount: $13,436,213 ($13.4M)

Contractor: International Business Machines Corporation

Awarding Agency: Department of Justice

Start Date: 2008-05-01

End Date: 2012-09-30

Contract Duration: 1,613 days

Daily Burn Rate: $8.3K/day

Competition Type: NON-COMPETITIVE DELIVERY ORDER

Number of Offers Received: 1

Pricing Type: FIRM FIXED PRICE

Sector: IT

Official Description: SOFTWARE LICENSE/MAINTENANCE FOR DOJ DATA CENTERS

Place of Performance

Location: ROCKVILLE, MONTGOMERY County, MARYLAND, 20850

State: Maryland Government Spending

Plain-Language Summary

Department of Justice obligated $13.4 million to INTERNATIONAL BUSINESS MACHINES CORPORATION for work described as: SOFTWARE LICENSE/MAINTENANCE FOR DOJ DATA CENTERS Key points: 1. Significant expenditure on software licenses and maintenance for critical DOJ data centers. 2. Sole reliance on IBM suggests potential vendor lock-in and limited market alternatives. 3. Long-term contract duration (over 4 years) raises concerns about price escalation and evolving technology needs. 4. The non-competitive nature of the award warrants scrutiny regarding fair pricing and value for taxpayer money.

Value Assessment

Rating: questionable

The contract value of $13.4M over four years for software licenses and maintenance is substantial. Without comparable contract data or detailed cost breakdowns, it's difficult to definitively assess if this represents excellent value. The non-competitive nature further complicates a fair pricing assessment.

Cost Per Unit: N/A

Competition Analysis

Competition Level: sole-source

This was awarded as a non-competitive delivery order, indicating a sole-source or limited competition scenario. This method bypasses the typical competitive bidding process, potentially leading to higher prices and reduced incentive for the vendor to offer the most cost-effective solution.

Taxpayer Impact: The lack of competition may result in taxpayers paying a premium for these software licenses and maintenance services, as there was no market pressure to drive down costs.

Public Impact

Ensures continued operation of essential DOJ data centers, supporting critical law enforcement and justice functions. Reliance on a single vendor (IBM) may limit flexibility and innovation in data center software solutions. Potential for cost overruns due to the non-competitive award and long contract duration. Impacts the ability of other software vendors to compete for this significant government contract.

Waste & Efficiency Indicators

Waste Risk Score: 50 / 10

Warning Flags

Positive Signals

Sector Analysis

This contract falls within the IT sector, specifically software licensing and maintenance. Government spending on enterprise software for data centers is substantial, with benchmarks varying widely based on software type, vendor, and contract structure. Non-competitive awards in this space often face increased scrutiny.

Small Business Impact

The data indicates this contract was awarded to a large corporation (IBM) and does not show any specific provisions or set-asides for small businesses. The non-competitive nature further suggests that small businesses were likely not considered or given an opportunity to participate in this procurement.

Oversight & Accountability

The non-competitive nature of this award warrants close oversight to ensure the Department of Justice received fair pricing and adequate services. A review of the justification for the sole-source award and subsequent performance monitoring would be crucial for accountability.

Related Government Programs

Risk Flags

Tags

computer-and-software-stores, department-of-justice, md, delivery-order, 10m-plus

Frequently Asked Questions

What is this federal contract paying for?

Department of Justice awarded $13.4 million to INTERNATIONAL BUSINESS MACHINES CORPORATION. SOFTWARE LICENSE/MAINTENANCE FOR DOJ DATA CENTERS

Who is the contractor on this award?

The obligated recipient is INTERNATIONAL BUSINESS MACHINES CORPORATION.

Which agency awarded this contract?

Awarding agency: Department of Justice (Offices, Boards and Divisions).

What is the total obligated amount?

The obligated amount is $13.4 million.

What is the period of performance?

Start: 2008-05-01. End: 2012-09-30.

What was the specific justification for awarding this contract non-competitively, and were alternatives explored?

The justification for a non-competitive award is critical for understanding why IBM was the sole provider. Agencies must typically demonstrate that only one source can meet the requirement due to unique capabilities or urgency. Exploring alternatives, even if ultimately deemed unsuitable, is usually part of the justification process to ensure fair market value was considered.

How does the per-unit cost of these IBM software licenses and maintenance compare to industry benchmarks for similar government contracts?

Without specific details on the software products and quantities, a direct per-unit cost comparison is challenging. However, given the non-competitive nature, there's a heightened risk that the pricing may exceed market rates. Benchmarking against other government contracts for similar IBM software, if available, would be essential to assess value for money.

What mechanisms were in place to ensure the effectiveness and continued relevance of the licensed software throughout the contract's four-year duration?

Effective oversight would involve tracking software performance, ensuring vendor support met service level agreements, and monitoring for obsolescence. Given the long term, the DOJ should have had processes to ensure the software remained functional and aligned with evolving technological needs, potentially through contract modifications or reviews.

Industry Classification

NAICS: Retail TradeElectronics and Appliance StoresComputer and Software Stores

Product/Service Code: INFORMATION TECHNOLOGY EQUIPMENT (INCLD FIRMWARE) SOFTWARE,SUPPLIES& SUPPORT EQUIPMENT

Competition & Pricing

Extent Competed: NON-COMPETITIVE DELIVERY ORDER

Solicitation Procedures: NEGOTIATED PROPOSAL/QUOTE

Offers Received: 1

Pricing Type: FIRM FIXED PRICE (J)

Evaluated Preference: NONE

Contractor Details

Address: 6710 ROCKLEDGE DR, BETHESDA, MD, 20817

Business Categories: Category Business, Not Designated a Small Business

Financial Breakdown

Contract Ceiling: $38,468,035

Exercised Options: $17,874,739

Current Obligation: $13,436,213

Contract Characteristics

Commercial Item: COMMERCIAL ITEM PROCEDURES NOT USED

Parent Contract

Parent Award PIID: GS35F4984H

IDV Type: FSS

Timeline

Start Date: 2008-05-01

Current End Date: 2012-09-30

Potential End Date: 2012-09-30 00:00:00

Last Modified: 2021-12-02

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