2.05 J&A Redacted.pdf

DEPARTMENT OF THE NAVY

NAVSUP FLEET LOGISTICS CENTER NORFOLK

1968 GILBERT STREET SUITE 600

NORFOLK VA 23511-3392

IN REPLY REFER TO

J&A FY-2022

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Identification of Agency and Contracting Activity.

The requiring activity is U.S. Naval Academy, Division of IT Services, 290 Buchanan Road, Annapolis, MD; the contracting activity is NAVSUP Fleet Logistics Center (FLC) Norfolk, Contracting Dept.

Manufacturer: Bell Techlogix - Microsoft Contact: Lisa Goolsby Phone: 877-213-5990 Address: 4400 W. 96th Street

Indianapolis, IN 46268

2. Description of the Action Being Approved.

The acquisition of the supplies described in paragraph three (3) is a Sole Source action to be awarded as a new requirement to Bell Techlogix for the license renewal and support of the currently installed Microsoft Software Solutions. The placement of a firm-fixed-price purchase order will be awarded with a base of 12 months with no option years. The current purchase order N0018921P0360 was procured non-competitively and was awarded on a sole source basis to Bell Techlogix set to expire 31 July 2022.

3. Description of Supplies/Services.

The proposed acquisition is to procure Microsoft Software Solutions under the Maryland Educational Enterprise Consortium (MEEC) of software licenses, software maintenance, and technical support for SQL, Visio Pro, Enterprise Server, Project, Active Directory, and Microsoft 365 for 2,319 full time equivalent employees, 1,810 knowledge workers, and 4,720 full-time students at an estimated cost of $267,876.18. The software shall be compatible in all respects with existing system configurations currently in use by faculty, staff, classrooms, and midshipmen (students). The proposed contractor is Bell Techlogix with a period of performance of 01 Aug 2022 through 31 July 2027. The resultant purchase order will be funded with FY22 Navy Operations & Maintenance (O&MN) appropriations.

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) - the supplies or services needed by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements, as implemented by FAR 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority.

MEEC has had contract UMD #12477 with Microsoft since July, 1999. The current Microsoft contract began on 31 July 2018. This program allows MEEC institutions to acquire desktop applications, operating system upgrades, and MS Enterprise Core Client Access Licenses at greatly reduced prices. The base term of the current contract is in effect for an initial period of five (5) years, from 31 July 2018 to 31 July 2023. The Bell Techlogix contract was awarded after a competitive RFP process that followed the United States Military (USM) Procurement Policies and Procedures on behalf of MEEC (RFP Number 83541-D). This contract between MEEC and Bell Techlogix provides exclusive Microsoft Education distribution rights within the state of Maryland per the Maryland Higher Education Commission (MHEC).

MHEC is the State of Maryland's higher education coordinating board responsible for establishing statewide policies for Maryland public and private colleges. These licenses and services are exclusively for and restricted to educational institutions on a regional basis and are uniquely bundled for MEEC/Microsoft educational institutions within the State of Maryland, of which are critical to USNA’s mission execution..

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable, including a Description of

Market Research, if applicable, and a List of Interested Sources, if any.

As stated in paragraph 5, Bell Techlogix was awarded the MEEC contract after a competitive RFP process following

Source Selection Information – See FAR 2.101 and 3.104

USM Procurement Policies and Procedures, soliciting to all eligible vendors. An award to any other source for this requirement would be a direct violation of the terms and conditions set forth in MEEC contract 12477 with Bell Techlogix, which holds Department of Education Accrediting jurisdiction over USNA. A violation of the terms and condition of the MEEC contract would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition as Bell Techlogix contract was already awarded after a competitive RFP process that followed the USM Procurement Policies and Procedures on behalf of MEEC and has found the lowest priced bundled package already in place meeting the USNA’s needs. A change in licensing would cause unacceptable delays in fulfilling the agency’s requirements.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this procurement will be fair and reasonable. The subject procurement is a direct replacement for annual renewal of the USNA’s educational institutions licensing and associated software assurance services for selected Microsoft software produces originally provided under Bell Techlogix contract 12477 with MEEC. These products are uniquely bundled for MEEC within the State of Maryland and are critical to the USNA mission.

8. Actions to Remove Barriers to Future Competition.

The MEEC contract with Bell Techlogix ends 31 July 2023. At that time, MEEC will re-compete the requirement contract based on a competitive RFP process that will follow the USM Procurement Policies and Procedures and all eligible vendors will be allowed the opportunity to compete for the new 5 year contract with Microsoft. For the reasons set forth in Paragraph 5, NAVSUP FLC Norfolk contracting activity has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, contracting activity will assess whether competition for future requirements is feasible.

9. Contracting Point of Contact

The point of contact at Fleet Logistics Center Norfolk contracting department is Brandy Hernandez, Code 220, at 757- 443-1973 or by e-mail at brandy.j.hernandez6.civ@us.navy.mil.

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.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

Signature Name (Printed) Phone No. Date

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 Justification value is >$250K and <$750K, the Contracting Officer’s signature below also represents approval of the Justification.

Signature Name (Printed) Phone No. Date