BNJ Adobe Renewal FY23_Redacted.pdf

Control No: 23-004C

Version – February 2017 FOR OFFICIAL USE

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: MICC-Carlisle Barracks

2. Description of Action: Microsoft Applications Renewal FY23

Nature: ☐New Requirement ☒ Follow-on Requirement

Contract Vehicle: ☐ Purchase Order Number _______________________________

☐ Blanket Purchase Agreement (BPA) _______________ ☐ Contract Vehicle (GSA/CHESS/etc.) ______________ ☐ Modification to existing action_______________

Pricing/Contract Type: ☒ Fixed Price ☐ Cost Reimbursable

Funds: ☒ Operations & Maintenance, Army (OMA) ☐ Other Funds: ________

FY: 23

Name of Proposed Contractor(s) and Address:

Adobe

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies: Renewal of Adobe Creative Cloud Subscriptions and Adobe ColdFusion Enterprise.

POP: Feb 24, 2023-Feb 23, 2024

Total Value: $

4. Authority: Select the appropriate authority below:

☐ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

Adobe software are the standard for the Army and the CSA approved platform, there are no substitutes. The maintenance and subscriptions of the USAWC Adobe licensing are due for renewal. Adobe products have been fully tested with/operating within the USAWC environment for the last 12 years. The Army Network Operations center (NOC) has ruled that the only software with approved Certificate of Networthiness for the network are allowed to be installed on local computers. The NOC has also stated that, in order to reduce complexity of the operating environment, once a product is declared Enterprise for the Army, other software with compatible capabilities will not receive a CoN. Adobe Creative Cloud have received a CoN and all requests for CoN by other software vendors have been declined by the Army NOC.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203:

☒ Apply and will be followed

Requirement to post Brand Name justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

☒ Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

7. Market Research: Adobe Products are the standard for the Army and the CSA approved platform, there are no substitutes. There are numerous authorized Educational Resellers who can provide the required licenses, this requirement should be competed for best price and value; however, the exact type of software licenses must be received. Market research was performed through Chess RFQ (no vendor available) and email contact with authorized Adobe resellers. SONA/ITAS waivers completed to purchase via the Open Market.

8. Other Facts: N/A

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Date: See electronic signature IT Project Manager

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon competition.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: See electronic signature Contracting Officer