1.07 BNJA_Redacted.pdf
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- Solicitation number
- N0024425FS042
About this file
This document is a Justification for an Exception to Fair Opportunity (J&A) for a Microsoft Enrollment for Education Solutions (EES) Campus Agreement procurement by the Naval Postgraduate School (NPS). The document seeks to acquire a Microsoft software license for a 12-month base year and two 12-month option years, valued under the NASA Solutions for Enterprise-Wide Procurement (SEWP) contract. The software provides comprehensive Microsoft products essential for office productivity across the NPS campus, including operating systems, office software, server technology, and cybersecurity protection for approximately students, faculty, and staff.
Market research conducted via NASA SEWP and GSA confirmed that no alternative software solutions are available, and Microsoft EES is the only compatible option. The justification highlights the challenges of migrating to alternative systems, including potential compatibility issues, substantial retraining costs, and operational disruptions. The procurement aims to ensure long-term stability, scalability, and efficiency by maintaining the existing Microsoft software ecosystem. The requirement will be competed among NASA SEWP contract holders, with future acquisitions remaining open to potential alternative sources as technology evolves.
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J&A Number: 25-230-0008
In the past, there have been issues with troubleshooting complex, multi-vendor supported systems that have added confusion, additional cost, and unacceptable service outages. The NPS mission cannot withstand a downtime of this magnitude as staff, faculty, students and researchers utilize this network equipment daily. Managing diverse equipment and utilizing multi-vendor solutions causes a substantial overhead burden on NPS staff based on special training needs and inventory of replacement hardware.
By renewing access to the Microsoft EES Campus Agreement, the organization also leverages its established vendor relationship by gaining access to dedicated support and customization options tailored to its needs. Overall, renewing additional Microsoft software subscriptions ensures long-term stability, scalability, and efficiency across the entire organization.
6. Determination of Fair and Reasonable Cost
The Contracting Officer will determine that prices are fair and reasonable before award using the procedures in FAR 15.404-1 and will document such determination with a level of detail commensurate with the complexity and circumstances of each order
7. Market Research
The Contract Specialist conducted market research in accordance with FAR Part 10 procedures.
Mandatory sources such as Ability One, Department of Defense (DoD) Enterprise Software Initiative (ESI), and UNICOR do not have this software based on their website. The Contract Specialist contacted the awardee contract holders on 17 March 2025 for the Microsoft ESI Blanket Purchase Agreement (BPA) to confirm if the required software subscription is available via DoD ESI, despite the list not appearing in the ESI Catalog. Vendor correspondence closed on 24 March 2025 with all ESI contract holders stating that the Microsoft EES Academic Agreement type is not available under the DoD ESI agreement. It was recommended to the Contract Specialist to solicit via Computer Hardware Enterprise Software Solutions (CHESS), Information technology Enterprise Solutions (ITES), or NASA
SEWP.
A Request for Information (RFI #335847) was posted to NASA SEWP on February 18, 2025 and remained open until March 4, 2025 to determine whether adequate sources exist and to survey whether other equal brands of software were available. Additionally, a Sources Sought (RFI #1744453) was posted to General Services Administration (GSA) under Multiple Award Schedule (MAS) 511210 Software Licenses on February 21, 2025 and remained open until March 4, 2025.
The Contract Specialist received responses from large businesses on NASA SEWP and no responses from any vendors on GSA. Responses from the large businesses were consistent with the findings researched by NPS that Microsoft EES Campus Agreement is the only of its kind and alternative software was not recommended or suggested by vendors participating in the RFI. Despite having only received responses from vendors on NASA SEWP, a search of Microsoft software via the NASA SEWP Market Research Tool revealed vendors capable of providing for this procurement.
8. Actions to Remove Barriers to Future Competition
Microsoft Dynamics 365 Customer Relationship Management (CRM) software is sold in the non-mandatory source Government-wide Acquisition Contract (GWAC), indefinite delivery, indefinite quantity (IDIQ) under National Aeronautics and Space Administration (NASA) Solutions for Enterprise- Wide Procurement (SEWP). There are numerous authorized resellers of Microsoft EES software that can satisfy the competition requirements of FAR 16.505(b)(2)(B).
This requirement will be competed among contract holders on the NASA SEWP GWAC. All future requirements will be evaluated to determine whether an alternate brand can be used. As information technology evolves, alternative companies may become available for future acquisitions. If another compatible source emerges, the requiring activity may assess whether full and open competition for future requirements is feasible.
CERTIFICATIONS AND APPROVAL
TECHNICAL/REQUIREMENTS CERTIFICATION
I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.
Signature Name (Printed)
LEGAL SUFFICIENCY REVIEW
I have determined this Justification is legally sufficient.
Signature Name (Printed)
CONTRACTING OFFICER CERTIFICATION
I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the J&A/LSJ value is between $250K and $750K, the Contracting Officer’s signature below also represents approval of the J&A/LSJ.
Signature Name (Printed)
COMPETITION ADVOCATE CERTIFICATION
Upon the basis of the above justification, I hereby approve, as Competition Advocate, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of FAR 16.5(b)(2)(B).
Signature Name (Printed)
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