J&A_-_Microsoft.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 13.501(a), Brand Name

National Archives and Records Administration 8601 Adelphi Road College Park, MD 20740-6001

Microsoft Software Assurance, Subscriptions, and Premier Support Services

Technical or Representative's Personnel Certification:

I hereby certify that this justification for other than full and open competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of a desire to expend funds while those funds are still available.

Technical Point of Contact (IOS)

Contracting Officer Concurrence:

I have reviewed this justification and conclude it is accurate and complete to the best of my knowledge and belief.

Contracting Officer (Z)

General Counsel Concurrence:

I have reviewed this justification and consider it legally sufficient.

Legal Counsel (NGC)

NARA Competition Advocate Approval:

I have reviewed this justification and hereby certify that it is accurate and complete to the best of my knowledge and belief. In accordance with FAR 13.501(a)(2) and NARA 501, I approve this justification.

Competition Advocate (B)

I. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A "JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION."

See Page 1.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

The National Archives and Records Administration (NARA) is seeking to limit competition for this requirement to certified/authorized resellers that can to provide brand name only items, specifically for Microsoft Software Assurance, Subscriptions, and Premier Support Services. Microsoft is the only responsible source capable of fulfilling NARA’s requirement.

III. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE).

NARA has a requirement for the renewal of Microsoft Software Assurance, Subscriptions, and Premier Support Services, located at Archives II, in College Park, MD 20740. NARA’s Support Services Branch plans to update the Microsoft Enterprise License Agreement products which are no longer offered or supported by Microsoft. The new products include:

· 4,949 licenses for Microsoft Windows Enterprise

· 4,949 licenses for Microsoft Office 365 E3

· 4,949 licenses for the Core Client Access License Bridge for Microsoft Office 365

· 50 licenses for Microsoft Azure Active Director Premium P1

· 1 licenses for Microsoft Project Online Essential

· 304 licenses for Microsoft Project Professional

· 229 licenses for Microsoft Visio Standard

· 1 license for Microsoft Visio Online P1

· 22 licenses for Microsoft Visio Online P2

· 1 license for Microsoft Visual Enterprise

· 2 licenses for Microsoft Visual Professional

· 80 licenses for Microsoft SQL Server Standard

· 300 licenses for Windows Remote Desktop Services Client Access License

· 1 license for Microsoft Core Infrastructure Server Standard (16 lic)

· 450 licenses for Microsoft Core Infrastructure Server Standard (2 lic)

The period of performance is June 25, 2019 through June 24, 2020 and two (2) option years.

1. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION.

41 U.S.C § 1901, Simplified Acquisition Procedures¹, as implemented by FAR 13.500 et seq.

V. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

As is the case for most commercial systems, Microsoft Software Assurance, Subscriptions, and Premier Support services include proprietary configurations that can only be supported by the owner/developer. Microsoft, as the owner/developer, owns the rights to the sale, support and distribution of the Software, Subscriptions, and Premier Support services. Due to the fact that NARA has invested years of resources into Microsoft-based solutions and infrastructure changes, it would be cost-prohibitive to switch to non-Microsoft products and services at this time. Transitioning to another suite would result in numerous delays and possibly cancellations to on-going projects that are designed to streamline and standardize NARA’s IT environment. Procuring non-Microsoft products potentially, puts us at risk for incompatibility with existing NARA systems and services, and it is not possible to quantify how far reaching those risks could be due to how heavily invested we are in Microsoft. Integration likely would be broken with many applications and some may cease to function all together. No other products can provide the Software Assurance, Subscriptions, and Premier Support services that would support the current strategic direction of our IT infrastructure. This procurement ensures that NARA will be provided:

1) Microsoft Active Directory, which will standardize many services within NARA’s environment;

2) An avoidance of increased IT support helpdesk trouble tickets related to issues arising from the deployment of new products;

3) No loss of productivity to NARA staff during an agency-wide transition to a new suite of products.

Due to the proprietary nature of the software NARA cannot reasonably compete this requirement as other than brand name. NARA conducted market research and determined that the current Enterprise License Agreement must be replaced. Microsoft Software Assurance, Subscriptions and Premier Support services were the only software and support services that could continue to meet NARA’s needs. Other solutions would have major financial implications in terms of training, transitioning, and functionality.

Additionally, a piecemeal solution would likely require integration services to incorporate the various products used to create the total solution thereby exacerbating the transition costs. These costs and commensurate benefits are extreme when compared with potential savings obtained from purchasing a lesser priced product from another manufacturer.

The $5,000,000 limitation in 41 U.S.C. 1901(a)(2) has been increased to $10,000,000 per 41 U.S.C. 1903(b)(3).

VI. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES.

This J&A will be posted on FedBizOpps with the solicitation as a combined synopsis solicitation in accordance with FAR Subpart 12.6 in order to maximize potential competition. Furthermore, this will provide other software publishers notice of the requirement.

VII. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

NARA developed an Independent Government Cost Estimate (IGCE) and will use it as a basis for determining a fair and reasonable price. Competition among resellers is expected. Multiple quotations establishes price reasonableness based on adequate price competition.

VIII. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED.

NARA conducted market research for authorized/certified resellers of Microsoft Software Assurance, Subscriptions, and Premier Support Services and determined there are seven (7) authorized/certified resellers of Microsoft products and services.

Microsoft Enterprise License Agreement reached end-of-life in FY 2018. Microsoft Enterprise License Agreement products are no longer offered or supported by Microsoft. The Support Services Branch (IOS) researched other software and support services including cloud services that can work within NARA’s system. As described further above, Microsoft Software Assurance, Subscriptions and Premier Support services were the only economically feasible software and support services that could continue meet NARA’s needs

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION.

None.

X. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION.

None.

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED.

Due to the proprietary nature of the software NARA cannot reasonably compete this requirement as other than brand name. NARA conducted market research and determined that the current Enterprise License Agreement must be replaced. Microsoft Software Assurance, Subscriptions and Premier Support services were the only economically feasible software and support services that could continue to meet NARA’s needs. NARA will continue to monitor the market place for software capable of fulfilling the requirement, based on its needs.

XII. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF

See Page 1.