A18 LSJ Redacted.pdf

temporarily permits the SBA to guarantee 100% of 7(a) loans under a new program titled the Paycheck Protection Program (PPP). Section 1106 of the CARES Act provides for “forgiveness” of up to the full principal amount of qualifying loans guaranteed under the PPP and requires the SBA to issue guidance and regulations implementing Section 1106.

As a result of the new loan program, modifications to existing loan programs, and the agency’s need to quickly transition to 100% telework ready status, the SBA had to quickly onboard upwards of 13,000 government and contractor personnel and implement and modify several information technologies (IT) systems. This required a more diverse Microsoft license portfolio and substantial increases to existing quantities for certain licenses as detailed in Section 3 above. The existing Microsoft ELA includes pricing that is fixed over the course of three years with automatic access to the latest Microsoft software and technologies. The ELA presents the most efficient options for obtaining the licenses/SKUs required through this modification. Delivery delays would result in an unacceptable blockage in the SBA’s ability to have its government and contractor personnel fully equipped with all of their IT needs. Without access to the necessary IT, personnel would be unable to perform their job duties resulting in the SBA’s inability to fulfill its mission. Ultimately, inflicting financial harm on thousands of small businesses across the country.

5. Determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d).

The General Services Administration (GSA) has already found the individual Microsoft license rates to be fair and reasonable. Additionally, the awarding Contracting Officer has negotiated additional discounts on the GSA established rates, consistent with FAR 8.405-4. Based on the information contained within this Limited Source Justification, the Contracting Officer has concluded that the order represents the best value and results in the lowest overall cost alternative to meet the Government’s needs.

6. Market research conducted among schedule holders (or reason market research was not conducted).

The Contracting Officer reviewed the approved Microsoft Resellers found at https://docs microsoft.com/en-us/azure/azure-government/documentation-government-csp-list#approved-lsps. Minburn is the only small business that is an approved Licensing Solution Provider, as of 10 July 2020, with a General Services Administration (GSA) schedule contract. By utilizing Minburn, the SBA will be able to meet its mission to maintain and strength the nation’s economy by enabling the establishment and vitality of small businesses and assisting in the economic recovery of communities after disasters. The SBA will also be able to assist with meeting its Category Management goals.

7. Any other facts supporting the justification.

None.

8. Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for supplies and services is made.

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisition of these licenses if it is found capabilities exists and time permits.

CERTIFICATION AND APPROVAL

9. Technical / Requirements Representative Certification. I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

Cloud Services Branch Chief, Office of the Chief Information Officer and Contracting Officer’s Representative (COR)

10. Contracting Officer’s Certification and Approval. I certify this justification is accurate and complete to the best of my knowledge and belief, and hereby provide approval.

Rachelle Colon-Serna Contracting Officer

11. Approval

Director, Acquisitions Operations Division

Sara Soeka Competition Advocate

Kip Sheppard Acting Senior Procurement Executive