A04_LSJ_Brand_name_Adobe.pdf

LIMITED SOURCES JUSTIFICATION (FAR 8.405-6)

Justification

The acquisition referenced herein is conducted under the authority of the Multiple Award Schedule Program.

I. Contracting Activity:

Washington Headquarters Services/Acquisition & Directorate (WHS/AD) 1155 Defense Pentagon Washington, DC 20301-1155

Requiring Activity:

DEFENSE ACQUISITION UNIVERSITY (HQ0049)

9820 Belvoir Road Fort Belvoir VA 22060-5565 US

II. Description of Action for Approval

Brand name approval of Adobe Enterprise Cloud software.

III. Description of Services

Defense Acquisition University requires 850 licenses for Adobe Enterprise Cloud software/maintenance, with 20 licenses for PhotoShop and Illustrator.

PoP: Base Year plus two 12-month options.

The estimated value of the proposed action is $250,000.

IV. Statutory Authority and Rationale for Authority Cited:

FAR 8.405-6 (b) Items peculiar to one manufacturer.

DAU has curricular materials geared directly toward and built around the Adobe Creative Suite 6, however, Adobe will not release any future versions of the Creative Suite or any of the individual Creative Suite applications. Instead, the company will only release Creative Cloud versions of those applications. DAU uses Adobe software in both print and online curriculum.

The maintenance on current DAU Adobe licensing is due for renewal, DAU will transition current Adobe product support to Adobe Creative Cloud academic licensing program support. Adobe products have been fully tested with/operating within the Defense Acquisition University environment for the last 15 years and are currently essential to maintain the DAU Adobe core academic curriculum, provide graphics and video support, and to continue photography support.

DAU’s coursework requirement for Adobe certification, and the need for DAU to provide professional certification opportunities for students in the Acquisition Career Technical Education field, requires DAU to continue the use of Adobe products.

Furthermore, DoD has ruled that only software with approved Certificate of Net worthiness for the network are allowed to be installed on local computers.DoD has also stated that, in order to reduce complexity of the operating environment, once a product is declared Enterprise for the DoD, other software with compatible capabilities will not receive a CoN. Adobe Creative Cloud products have received a CoN and all requests for CoN by other software vendors have been declined by DISA. Adobe’s CoN unique product capablitity, combined with its CoN authorization, makes it essential to the Government’s requirements as no other company offers these unique characteristic.

V. Best Value Determination and Price Reasonableness.

The ordering activity has determined that the soliciting this requirement as a brand name represents the best value to the government and this determination will be consistent with FAR 8.404(d).

The price for the Adobe licenses will be fair and reasonable as there is the expectation of adequate price competition among GSA resellers.

VI. Market Research

Market Research indicated that DoD has a policy that all Enterprise Software Licenses must first go through ESI.mil. ESI informed the Contracting Officer that WHS-AD was not authorized to use ESI on behalf of DAU, as DAU was not an authorized user of ESI for the Dept of Defense. After much discussion with Adobe, it was determined that Carahsoft, Inc. was the only licensed wholesaler for DoD. It was then determined that GSA had at least 4 resellers licensed to resell Adobe products from Carahsoft. As such, the Contracting Officer plans to solicit the requirement on GSA.

In addition, market researched identified four companies capable of providing the licenses: Dell, CDWG, Plurality and Insight Public Sector.

Because this is a brand name requirement from only one manufacturer, a small business set aside is not warranted as there are not two small businesses offering the products of different concerns. FAR 19.502-2(b)(1) & (c).

VII. Actions to Increase Competition

In the event DoD provides a Certificate of Net worthiness (CoN) to a similar software provider, the contracting activity will explore minimizing the limitation on competition of a brand name solicitation.

VIII. Any addition information None

IX. Contracting Officer Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief.

James Colachis Contracting Officer, Acquisition Directorate

X. Requiring Office Certification

I certify that the supporting data, which form the basis for this Justification, are complete and accurate to the best of my knowledge and belief.

Tim Hamm, Chief Information Officer

DAU