BNJ_23Q0060_ADOBE.pdf

CUI//SP-PROCURE//DL ONLY

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.5 (14 March 2023)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Adobe Creative Cloud is a software service offering from Adobe Systems that gives users access to a collection of software developed by Adobe for graphic design, video editing, web development, photography, and cloud services. In Adobe Creative Cloud, a monthly or annual subscription service that is delivered over the Internet. To be mission capable, MCIPAC COMMSTRAT requires professional, industry standard software to process and create visual information products. This will be a follow-on contract as MCIPAC COMMSTRAT has been using Adobe Creative Cloud for the past five years. We will be procuring 25 licenses, one per photographer, videographer, and graphic designer.

ADOBE P/N: 65291079BC09C12

Period of Performance: 28 JUN 2023 – 27 JUN 2024 Total: $19,488.50

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Controlled by: DON, USMC, I&L HCA Controlled by: MCIPAC RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Asami Adaniya

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

B. _X_ BRAND NAME

The program provided on user’s Government workstations for viewing PDF files is Adobe Acrobat Reader. By obtaining and utilizing Adobe Acrobat Professional DC software, the user will be able to create, edit and export PDF files without compatibility issues and reduce the amount of time making edits to the original formatted documents to produce a final PDF file. This software is the only known software authorized for use on Government issued assets that has the ability to view and edit PDF files.

According the Memorandum from Marine Corps Authorizing Official, Headquarters United States Marine Corps, Command, Control, Communications, and Computers dated 24 February 2017 the Adobe Acrobat is a part of the Adobe Creative Cloud Desktop 2017 authorized to operate on Windows 7 and Windows 10 accredited systems on the unclassified and classified networks. This memorandum identifies Adobe as software that will work within the Marine Corps Enterprise Network (MCEN). There have been no other software programs with similar functionality that have been authorized to work within the MCEN, thus necessitating the use of Adobe Creative Cloud Desktop 2017.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

Distribution List for DL ONLY Limited Dissemination Control

• MCFCS Personnel

• LB Personnel

• Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

• Any other individual designated by the KO