Brand Name Justification Microsoft Azure Cloud Services Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2024-CIO-0236

Form Updated 12/28/2022

Justification & Approval

As a legislative branch agency, the Library is subject to the competition and advertising requirements of 41 U.S.C. § 6101. Like the Competition in Contracting Act and the FAR, 41 U.S.C. § 6101 does not require competition when a contracting officer certifies that only one source or brand-name item is available, when dictated by public exigency, or when otherwise authorized by law.

This document sets forth the justification and approval for award of a contract or order by means providing for other than full and open competition per 41 U.S.C. § 6101, LCR 7-210, and, as applicable, FAR 6.302, FAR 13.106-1, FAR 8.405, and FAR 16.505. Contracting without competition shall not be justified on the basis of a lack of advance planning or concerns related to availability of funds.

This form shall be used to support instances where competition will be limited to a single source, a limited number of sources, including where a brand name product is required.

Part 1 – Identification

1. Contracting Agency and Activity: Library of Congress, OCIO/ITSO

2. Nature of Action Being Approved

Contract (or modification) LoC or Leg Branch Order (or modification) GSA Schedule or GWAC: Identify Schedule/Contract Other: Identify

Acquisition ID: 2024-CIO-0236 Brand Name: Microsoft Cloud Serices Estimated Value (Base and all options):

Period of Performance: 3/1/24-2/28/29

3. Description of Supplies or Services Required to Meet Library Needs

Describe the supplies or services that are required to meet the Library’s minimum needs and the delivery schedule required to meet those needs. Do not focus on a description of the program.

The Library requires the following supplies or services:

The Library of Congress (Library) seeks brand name Microsoft Cloud Services, Microsoft M365 Software as a Service Subscriptions (SaaS) and Microsoft Support for these product lines. The Azure cloud services the Library will procure through this IDIQ include services and tools available in the following product lines: AI + machine learning; Analytics; Compute; Containers; Databases;

Developer tools; DevOps; Hybrid + multi-cloud; Identity; Integration; Internet of Things; Management and governance; Media;

Migration; Mixed reality; Mobile; Networking; Security; Storage; Virtual desktop infrastructure; and Web.

The Library has undergone a major shift with the migration of licensing for Microsoft applications from its current datacenter/clients in on premise locations to Amazon Web Services (AWS) Cloud for various applications and services unrelated to this J&A. This J&A is limited to cloud services, subscriptions and platform support for applications that have been or will be awarded consistent with the Library’s Competition regulations and policies for Microsoft branded solutions needed to sustain or expand these awarded solutions to meet mission needs.

The Library competitively awarded contract LCCIO22F0094 on 9/13/2022 for Office Productivity in the Cloud Microsoft M365 Software as a Service (SaaS) to Insight Public Sector, Inc. in the amount of . This contract covered the Enterprise Microsoft 365 Enterprise Licenses and Development Licenses for platform services and Microsoft Azure Cloud Services to support the integration between the Library and Microsoft Cloud for Active Directory Authentication and cloud based security services. M365 is tightly integrated with Microsoft Azure AD services which provide Authentication, Identity and Tagging services to the resulting components developed within M365. Additionally, the Library also awarded the Microsoft Unified support for the SaaS services under LCCIO22C0054. This covered the Unified Support and technical support services needed to provide technical implementation and troubleshooting support as well as the needed architecture reviews periodically needed to validate platform configurations and security settings.

The Library has previously awarded contracts competitively resulting in the development of SharePoint applications in the Library’s on-premises environment. Some applications are pending deployment in the Library’s production tenant pending the Authorization to Operation being granted in the Library’s M365 environment. These include the following SharePoint applications:

Copyright Royalty Judges

Plan ID Number:

LLMIS – Law Library Management Information System IWCMS - Integrated Workflow Content Management System CMS – Content Management System DMS – Document Management System

Additionally, the Library recently awarded the development of the Integrated Research Information System (IRIS) application which is currently being developed on-site and deployed on the Library’s M365 Tenant.

Microsoft changed the terms of licensing for the development tools needed for the Continuous Integration/Continuous Deployment of these applications to a cloud-based license model. Licensing of these tools for on-premises environments is no longer available.

Based on this licensing model change, application development requiring these tools must shift from an on-premises environment to an Azure Cloud environment to continue the integrated development. The Library requires an Infrastructure as a Service (IaaS) platform within the Microsoft Azure cloud environment to support the development of these critical business applications. M365 is tightly coupled with multiple Azure services. Application Protocol Interfaces (API) and licenses only supported by Microsoft are only available through the Microsoft Azure Cloud Services. The Azure cloud services the Library intends to procure through this IDIQ include services and tools available in the following product lines: AI + machine learning; Analytics; Compute; Containers;

Databases; Developer tools; DevOps; Hybrid + multi-cloud; Identity; Integration; Internet of Things; Management and governance;

Media; Migration; Mixed reality; Mobile; Networking; Security; Storage; Virtual desktop infrastructure; and Web.

The application services which were previously licensed as on-premises applications are no longer supported with that license model and now require additional services within Microsoft Azure Cloud, including specifically the Azure Active Directory service. Active Directory is the on-premises security feature that logs employees on to their workstations, and it links to the Azure-based directory that gives employees access to M365 and associated Microsoft applications. These capabilities are not available in other Cloud platforms. Additionally, the existing Microsoft Visual Studio subscriptions is migrating to the Microsoft Azure cloud environment to support the development of Library applications including IRIS, CMS, and DMS. These existing applications are being migrated to M365/Microsoft Azure and require services uniquely available within the Microsoft Azure cloud to complete their migrations. The Microsoft Visual Studio requires an application development continuous integration/continuous deployment (CI/CD) pipeline to be established within Azure Cloud.

Due to these awards and the migration of application and services to the cloud the Library has a current requirement to put in place an Indefinite Delivery Indefinite Quantity (IDIQ) vehicle for the Library’s deployment of the Office Productivity in the Cloud (M365) software subscriptions, cloud services, and support for existing applications that have been competitively awarded. There is a likelihood that development of future applications may be deployed in the Microsoft Azure Cloud environment. This J&A supports the expansion of the Azure Cloud environment for future deployments, however, does not permit the limitation of future competition for applications that may be deployed to the Azure Cloud. Applications to be developed in the future must individually comply with the Library’s competition regulations and policies.

Part 2 – Program Office Justification & Approval

4. Authority for Contracting Without Competition Over $250,000 For this requirement over $250,000, under FAR part 6, the basis for contracting without providing for full and open competition is:

Library’s needs can only be satisfied by a brand-name product or item which is essential to the Government’s requirement. FAR 6.302-1(c).

5. Rationale for Contracting Without Competition

The Library requires Microsoft branded Subscriptions, Cloud Services, and Support because these services are provided exclusively by Microsoft. Vendors other than Microsoft, or its authorized resellers, cannot provide Microsoft Azure Cloud Infrastructure services or support for Microsoft products (such as Active Directory and Visual Studio) in the Microsoft Azure cloud environment.

The Library requires Microsoft Azure Cloud services and Microsoft 365 subscriptions to support the implementation and configuration of these applications as well as supporting the Enterprise Office Productivity across the Library. For administrative, cost and technical expediency, continuity of service necessitates these be Microsoft to support application development and deployment of essential applications in Microsoft M365 SaaS environments awarded or that may be awarded in the future consistent with the Library’s Competition regulations and policies. Only Microsoft or an authorized reseller can provide Microsoft Azure Cloud Infrastructure, M365 subscriptions, and support services for Microsoft products within the Microsoft Azure Cloud environment.

The Library competitively awarded a contract for Office Productivity in the Cloud Software as a Service (SaaS) to Microsoft M365 to move its on-premise office productivity applications to a cloud. Additionally, the Library recently awarded contracts for the development of two major applications - Integrated Research Information System (IRIS) and Law Library Management Information System (LLMIS)) - to migrate current on-premises applications to the cloud. Both applications were awarded to vendors that implemented Microsoft SaaS solutions that leveraged SharePoint and Microsoft PowerApps. Additionally, there are several applications that were previously developed pending deployment that are not currently in development. Those include:

Copyright Royalty Judges LLMIS – Law Library Management Information System IWCMS - Integrated Workflow Content Management System CMS – Content Management System DMS – Document Management System

As the aforementioned requirements are being implemented, the Library has identified requirements to establish an Infrastructure as a Service platform to support the ongoing Continuous Improvement/Continuous Development (CI/CD) of these applications after the vendor initial deployment is completed. The CI/CD of these competitively awarded Microsoft applications require Microsoft Azure Active Directory and associated infrastructure support services. These services are only available through the Microsoft Azure cloud platform.

The Library has determined that the Microsoft Azure is essential to the Library’s requirements. Market research indicates that other companies’ similar products or products with similar features cannot meet or would require significant modification and added security to meet the Library’s needs.

6. Actions to Overcome Barriers to Competition Before Subsequent Contract Is Required

As an effect of the stringent requirements imposed by Microsoft to become a Federal Services Provider (FAQ - Partner Center - Microsoft Cloud for US Government - Partner Center | Microsoft Learn), there is a limitation of competitors that can provide Enterprise Agreements to Government Entities (Federal, State and Local). Partners will need to onboard to the CSP program for Microsoft Cloud for US Government to meet regulatory and compliance requirements. (Onboarding for Microsoft Cloud for US Government is separate from onboarding for CSP Commercial.) Once enrolled, vendors can create customers and transact offers available within Microsoft Cloud for US Government and are approved Microsoft Licensed Solution Provider (LSP). Currently there are eight LSPs certified to issue Enterprise agreements for Government Entities. The limitation of vendors is this space is an environmental side effect due to the cost and regulation burden required to get that designation.

Qualification criteria to sell the CSP program for Microsoft Cloud for US Government is the same as the qualification criteria for CSP Commercial, open to both direct partners and indirect resellers. You do not need to be renominated to be an indirect reseller for the CSP program for Microsoft Cloud for US Government if you are approved as an indirect reseller for CSP Commercial. The Library currently resides in the Microsoft Commercial Cloud for US Government FEDRAMP High.

In this procurement, the requirements have been limited to the eight Microsoft Licensed Solution Provider (LSP) since they are the only entities that can provide that service directly to the Federal Government. Since only the LSPs can provide the full-range of services, it is reasonable to limit this contract to the LSPs or reseller/teaming arrangements with LSPs that are qualified to provide the service.

This proposed action expires August 31, 2028. Upon expiration, the Library will do a program reassessment. The Library’s Chief Information Officer also does an annual reassessment of the architecture considering emerging technology and evolving Library vulnerabilities and functionality. The Library will continue to monitor the marketplace for alternative solutions, innovations and changes in cloud services that would allow different products to be used to meet the Library’s requirements.

7. Program Office Certification

I certify that the description of the Government’s minimum needs, schedule requirements, and technical information that provide the basis for this justification are accurate and complete.

Name Title Signature Date

PART 3 – CONTRACTING OFFICER DETERMINATIONS & CERTIFICATION

8. Efforts to Solicit from As Many Potential Sources As Practicable Unless a justification is based on FAR 6.302-2, Unusual and compelling urgency, contracting officers shall post justifications for other than full and open competition, including brand name justifications, to the Contract Opportunities website on sam.gov (or eBuy for Brand Name Justifications under FAR Part 8) prior to requesting a proposal or otherwise entering into negotiations.

Advance or concurrent notice will be published in beta.sam.gov for a reasonable time for commercial items FAR 5.203(a) and 12.204(b).

We made the following efforts to interest potential sources in this award: The Library OCIO has researched current procurement vehicles and possible resellers that are able to provide Azure Cloud.

9. Listing of Sources That Expressed Interest in Writing

The following sources expressed interest in this award: New Tech, TERMNL, Aarnest, FourPoints, Cybecho.

10. Additional Information

The following additional information is relevant to this justification and approval: n/a

11. Contracting Officer Determination that Price Is Fair and Reasonable As explained in detail below, I have determined that the prices for this contracting action are fair and reasonable based on comparison of the prices to the following (see FAR 15.404-1(b)(2)):

Prices obtained through market research.

Prices obtained through competitive proposals.

12. Contracting Officer Determination of Responsibility

Checked System for Award Management (or will check in the case of competitive proposals for a brand name product)

13. Contracting Officer Determination of Best Value I have determined that this action represents the best value to the Government because: The CO intends to determine best value to the Government per the criteria listed in the solicitation. The CO intends to analyze vendor pricing as described in the solicitation and determine fair and reasonable pricing based on the expectation that there will be adequate price competition.

14. Contracting Officer Certification I certify that, to the best of my knowledge and belief, this justification is accurate and complete. For those actions up to $700,000, I approve contracting without competition for this requirement.

Name Signature Date