FAR Part 16 EFO-BNJ Adobe Experience Manager_Redacted.pdf

FAR Part 16 – Brand Name for ITD Adobe Experience Manager Licensing- MIQ M-25-A42-R-000073

United States Department of Justice, United States Marshals Service Procurement Division, Operations Support Section (OSS)

FAR PART 16.505(a)(4)(i) Brand Name Justification

(Orders Placed Against Multiple Award IDIQ Contracts)

This acquisition follows the procedures presented in FAR 16.505(a)(4)(i)

MIQ Request Number M-25-A42-R-000073

Contract Specialist’s Name Mikelle Everett

Contracting Officer’s Representative Yung Pak

Master Level IDIQ Contract Number/USMS Order Number

To Be Determined (TBD) based on National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) competition.

Brand Name Adobe Systems, Inc.

Nature and/or description of action being performed

The United States Marshals Service (USMS), Information Technology Division (ITD), has an ongoing need to purchase Adobe Experience Manager licensing/software and maintenance support to implement an enterprise web content management system that allows users to submit, update, and save information; apply digital signatures; dynamically enable data in a barcode; utilize web services for creating workflows and routing PDFs for approvals; and establish workflows.

The intent of this acquisition is to award a firm-fixed priced (FFP) delivery order.

The period of performance for this requirement is anticipated to be one (1) base year and two (2) optional year periods. The PoP will be as follows:

Base Year 1: September 26, 2025 – September 25, 2026 Option Year One: September 26, 2026 – September 25, 2027 Option Year Two: September 26, 2027 – September 25, 2028

Description of Supply or Service

Adobe Experience Manager (AEM) licensing provides access to a suite of capabilities for managing and delivering digital experiences.

Key features include content management, digital asset management, personalized experiences, and scalability.

USMS intends to purchase the following licenses which are vital to ITD infrastructure.

Manufacturer Part Number License Type Quantity

Adobe Systems, Inc 38058008JA AEM FORMS:OPT 100K SUBMISSIONS, On- Premise Term - 100K Form Submissions - Per Year Adobe Inc. - 38058008JA

Adobe Systems, Inc 38058063JA AEM FORMS:OPT 1M RENDITIONS, On- Premise Term - 1M Form Renditions - Per Year Adobe Inc. - 38058063JA

Estimated Total Value The estimated total value of this acquisition, including all options, is

Indicate the FAR Authority allowing for an Exception to Fair

Opportunity

FAR 16.505(a)(4)(i) Item Peculiar to One Manufacturer (e.g., a particular brand name, product, or a feature of a product that is peculiar to one manufacturer).

Reason for Applying an Exception to Fair Opportunity

USMS, ITD requires Adobe Systems, Inc., brand-name products to support mission-critical operations tied to digital form creation, workflow automation, and secure document management within its enterprise IT environment. Adobe AEM Forms is the only known solution that meets the agency’s technical specifications, integration requirements, and long-established workflows.

ITD has invested heavily in Adobe AEM over the years, developing more than 75 digital forms, with additional forms currently under construction. These forms are embedded within the agency’s internal systems and leverage AEM’s proprietary architecture, which ensures full compatibility with existing Adobe-based infrastructure. Adobe’s platform also supports critical features, including digital signatures, secure authentication, audit trails, and compliance with federal IT security standards.

Requiring another brand would not only fail to ensure compatibility, but it would also necessitate the redevelopment of existing forms and workflows, resulting in significant duplication of cost and schedule delays. These costs are not expected to be recovered through open competition. Additionally, the use of another brand would disrupt ongoing operations, increase cybersecurity risks, and compromise the standardization that ensures interoperability across the USMS enterprise.

The Adobe brand is essential to maintain a consistent, secure, and fully integrated solution within the USMS environment. No other brand offers the seamless functionality, compatibility, and support required for the agency’s current and future operational needs.

Method for Determining Fair and

Reasonable Pricing

Pricing has already been determined as fair and reasonable at the onset of NASA SEWP IDIQ contract. However, one of the many benefits of using this IDIQ is that it allows for increased opportunities to negotiate additional discounts at the order level. This acquisition approach to seek competition among its vendors allows USMS to receive the benefit of competitive pricing; potentially reduced costs and increased volume discounts.

Prior to award, historical prices from previous orders will be used to conduct realistic price analysis to determine the best and more reasonable price for the Government.

Any other facts supporting the justification.

In accordance with the DOJ Configuration Management Plan (Section 3.1.3) and National Institute of Standards and Technology (NIST) guidelines, USMS must maintain a secure, standardized baseline configuration for all IT systems. The required brand-name software has undergone extensive interoperability and security testing within the current environment.

Allowing untested, non-brand alternatives would:

• Introduce unacceptable performance and security risks to mission-critical systems.

• Require costly, redundant testing with no added benefit to the Government.

• Violate agency Local Area Network (LAN) standards by introducing non-compliant software, increasing the likelihood of system degradation, downtime, and cybersecurity vulnerabilities.

Maintaining the existing brand ensures operational reliability, standardization, reduced maintenance costs, and uninterrupted mission support.

Planned efforts to avoid future sole-source situations.

The Contracting Officer (CO) will conduct market research to identify potential alternative sources and emerging technologies that meet mission requirements. USMS will ensure continued compliance with FAR Part 10 by promoting transparency, encouraging competition when feasible, and reevaluating the necessity of the brand-name justification on a recurring basis.

Certifications and Approvals

Technical Representative Certification: In accordance with FAR 16.505(b)(2)(ii)(B)(9), I hereby certify that the information provided in this Exception to Fair Opportunity Justification for a Brand Name Item is accurate and complete to the best of my knowledge and belief.

Yung Pak Technical Representative

Supervisory/Senior Contract Specialist Concurrence: In accordance with USMS Policy Directive 6.1, Section 7(c) I hereby concur with proceeding with this Exception to Fair Opportunity Justification for a Brand Name Item.

Julie Simpson Supervisory Contracting Officer

Contracting Officer’s (CO) Certification: In accordance with FAR 16.505(b)(2)(ii)(B)(8), I hereby certify that the information provided in this Exception to Fair Opportunity Justification for a Brand Name Item is accurate and complete to the best of my knowledge and belief.

Additionally, in accordance with FAR 16.505(b)(2)(ii)(B)(10) I hereby determine that the circumstances described above apply to this requirement.

Pursuant to FAR 16.505(b)(2)(ii)(C)(1) my certification above serves as the approval of this Exception to Fair Opportunity Justification for a Brand Name Item.

Mikelle Everett Contracting Officer