BNJ_CIO Adobe CC and Cold Fusion Renewal FY25_signed_REDACTED.pdf

Control No: 25-005C

CUI//SP-PROCURE//FEDCON

APR 2021

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

1. Contracting Activity: MICC-Carlisle Barracks

2. Description of Action: Chief Information Office (CIO)-Adobe Creative Cloud and Cold Fusion Renewal

Nature: ☐New Requirement ☒ Follow-on Requirement

Contract Vehicle: ☐ Purchase Order Number ☐ Blanket Purchase Agreement (BPA) ☒ Contract Vehicle (GSA/CHESS/etc.) SAM.gov ☐ Modification to existing action

Pricing/Contract Type: ☒ Fixed Price ☐ Cost Reimbursable

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

Name of Proposed Contractor(s) and Address:

Adobe

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies:

Academic VIP Adobe Creative Cloud Teams:

• This is a special version of Adobe's Creative Cloud software, designed specifically for academic institutions (like universities and colleges). It's a bundle of creative tools, including Photoshop, Illustrator, InDesign, and more, that are used for tasks like graphic design, video editing, and web development.

Academic TLP ColdFusion Ent ALP Universal Eng Gold 1Y 8 Cores:

• This is a special version of Adobe's ColdFusion software, designed specifically for academic institutions (like universities and colleges). ColdFusion is a web development platform that allows developers to build and deploy web applications quickly and efficiently.

• TLP stands for "Transaction Licensing Program", which is a licensing model that allows institutions to purchase licenses for ColdFusion based on their specific needs.

• ALP stands for "Adobe Licensing Program", which is a program that provides institutions with a flexible and cost-effective way to license Adobe software, including ColdFusion.

• Universal Eng This refers to the fact that the software is provided in English, and can be used by institutions around the world.

• Gold 1Y indicates that the institution is purchasing a "Gold" level support package, which includes 24/7 technical support, online resources, and priority access to Adobe experts. The "1Y" refers to the fact that the support package is for a period of 1 year.

• 8 cores refers to the fact that the software is licensed for use on a server with 8 processing cores. This means that the institution can deploy the software on a powerful server that can handle a large number of users and applications.

Delivery Date: 24FEB2025

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:

a. For a brand name restriction - Restricting the procurement to Adobe products may be justified due to their industry-standard status, advanced features, and seamless integration with other Adobe tools. While alternatives like Microsoft, Google, and Autodesk offer similar functionality, Adobe's products are often more comprehensive and widely adopted in the creative and web development fields. For example, Adobe's Creative Cloud is more integrated and feature-rich than Microsoft's 365, and Adobe's ColdFusion is more advanced than open-source alternatives like PHP: Hypertext Preprocessor. Additionally, Adobe's graphic and video design and editing tools, such as Photoshop, Illustrator, and Premiere Pro, are unparalleled in terms of their capabilities and are widely considered the gold standard in the industry, surpassing alternatives like Corel and Avid. By standardizing on Adobe products, the organization can ensure consistency, reduce compatibility issues, and leverage the latest technologies to produce high-quality visual content.

b. The Government would incur increased costs, potentially exceeding four times the current cost per year, due to training, support, and maintenance for non-Adobe products. Additionally, compatibility issues would arise, decreasing productivity and efficiency. Most notably, United States Army War College (USAWC) staff and contractors, including graphic designers, video editors, and web developers, would be severely impacted, requiring extensive training and support to adapt to new products, resulting in a significant decrease in productivity and efficiency, and adding per year in costs. This would ultimately disrupt the Government's operations and communication efforts, resulting in significant degradation in product quality which would be subject to high visibility due to the prestige of this Army institution.

6. Publicizing Contract Actions: (Delete the section that does not apply)

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 NOT a brand name restriction and is under $250K, no posting required.

☐ Action is a brand name restriction, under $25K, no posting required.

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

☐ Action is a brand name restriction over $25K but will not be posted due to exception:

☐ FAR 6.305(f) disclosure would compromise the national security

7. Market Research: The Market Research Report (MRR) was created on 13 January 2025 based on CHESS RFQ’s submitted during the months of December 2024 and January 2025. After consulting with the Program Executive Office (PEO) it was suggested we work with West Point or continue pursuing authorized vendors for open market quotes.

The product we currently use is an academic license that cannot be procured through CHESS contract vehicles. Switching procurement methods to the CHESS contract vehicle would cost four times more than the open market equivalent products. See section 5 of this document for brand name justification over other industry products.

Since the products offered through CHESS and the open market quoted products are technically identical CIO is authorized to exercise AFARS 5139.101-90(a)(3)(v)(A). This allows for academic/educational discounted products to be selected over identical products quoted through CHESS.

8. Other Facts: NA