Attachment III - Redacted Justification and Approval.pdf

DEPARTMENT OF THE NAVY

NAVSUP FLEET LOGISTICS CENTER NORFOLK

1968 GILBERT STREET SUITE 600

NORFOLK VA 23511-3392

IN REPLY REFER TO

220.1

J&A Number: 23-165

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 (hereinafter, “USNA), Division of Information Technology Services, 290 Buchanan Road, Annapolis, MD; the contracting activity is NAVSUP Fleet Logistics Center (FLC) Norfolk, Contracting Dept.

Manufacturer: Bell Techlogix, Inc. - Microsoft Contact:

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) herein is a sole source action to be awarded as a new requirement to Bell Techlogix, Inc., 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 N0018922P0398 was procured non-competitively and was awarded on a sole source basis to Bell Techlogix, Inc., set to expire 31 July 2023.

3. Description of Supplies/Services.

The proposed acquisition is to procure Microsoft Software Solutions under the Maryland Educational Enterprise Consortium (hereinafter, “MEEC”) of software licenses, software maintenance, and technical support for SQL, Visio Pro, Enterprise Server, Project, Active Directory, and Microsoft 365 for 2,152 education-qualified users, 1,940 full-time equivalents, and 4,603 full-time students at an estimated cost of . 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, Inc., with a period of performance of 01 Aug 2023 through 31 July 2024. The resultant purchase order will be funded with FY23 Navy Operations & Maintenance (O&MN) appropriations.

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

The statutory authority permitting other than full and open competition is 10 U.S.C.§ 3204(a), as implemented by FAR 6.302-1, since there is only one responsible source and no other supplies or services will satisfy agency requirements. Bell Techlogix Inc., is the only authorized reseller for Microsoft products to MEEC members that no other authorized reseller can provide.

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 contract has been extended through 31 July 2024. The Bell Techlogix, Inc., contract was awarded after a competitive RFP process that followed the United States Military (hereinafter, “USM”) Procurement Policies and Procedures on behalf of MEEC (RFP Number 83541-D). This contract between MEEC and Bell Techlogix, Inc., provides exclusive Microsoft Education distribution rights within the state of Maryland per the Maryland Higher Education Commission (hereinafter, “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

Source Selection Information – See FAR 2.101 and 3.104

MEEC/Microsoft educational institutions within the State of Maryland, such are USNA, and 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 above, Bell Techlogix, Inc., was awarded the MEEC contract after a competitive RFP process following 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, Inc., 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. Bell Techlogix, Inc.’s 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 products originally provided under Bell Techlogix, Inc.’s contract 12477 with MEEC. These products are uniquely bundled for MEEC within the State of Maryland and are critical to the USNA’s mission.

8. Actions to Remove Barriers to Future Competition.

The MEEC contract with Bell Techlogix, Inc., ends 31 July 2024. 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, the 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 Gilbert Dobison, Code 220.1, at 757-443- 1380 or by e-mail at gilbert.k.dobison.civ@us navy mil

Source Selection Information – See FAR 2.101 and 3.104

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

Legal Sufficiency Review:

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.