Adobe JELA IV - RFP HC108424R0012 AMD3.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment 3 is to:

A. Update Attachment 1 – Product List and Description.

B. Update Section L – page limitations and notice to offerors.

C. Extend the proposal due to September 9, 2024 at 5 P.M. CST.

Offerors shall complete G1, Points of Contact.

Offerors shall describe their approach in conforming w ith Section 508 Standards. Accessibility Conformance Report (ACR), based on the Voluntary Product Accessibility Template (VPAT) may be used to provide detailed information on the level of conformance for Adobe products. ACRs for all Adobe products must be provided upon request.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 05-Sep-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HC108424R0012

X 9B. DATED (SEE ITEM 11)

14-Aug-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

06-Sep-2024

CODE

DISA/DITCO-SCOTT-PS84

2300 EAST DRIVE

SCOTT AFB IL 62225

HC1084 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HC108424R0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been modified:

SECTION A

1. The requirement is to establish a single award Indefinite Delivery Indefinite Quantity (IDIQ) through SAM.gov, open market for Adobe software license, upgrades, modernization, maintenance support and services in accordance with FAR Part 12. The IDIQ period of performance will include a 6-month base period and four, 1-year option periods.

Base Year: September 30, 2024 – March 29, 2025 Option Year 1: March 30, 2025 – March 29, 2026 Option Year 2: March 30, 2026 – March 29, 2027 Option Year 3: March 30, 2027 – March 29, 2028 Option Year 4: March 30, 2028 – March 29, 2029

2. DITCO/PS8413 is requesting proposals from all authorized resellers of Adobe software license, upgrades, modernization, maintenance support and services under SAM.gov. The Government intends to award a single award IDIQ but reserves the right to award no IDIQ at all. Award will be made on the basis of proposals conforming to the RFP, price submissions, and being an authorized reseller. The Government estimates but does not guarantee that the volume of delivery/call orders through this agreement will be at the ceiling level specified at award. The Government is obligated only to the extent of authorized delivery orders actually made under this IDIQ with a minimum guarantee of $2,500. Further information on submission of proposals is provided throughout this document.

3. The North American Industry Classification System code for this acquisition is 513210, Software Publishers.

4. The Request for Proposal (RFP) HC1084-24-R-0012 responses are due no later than September 9, 2024, 5:00pm, Central Standard Time (CST). Questions pertaining to this RFP shall be submitted electronically to lisa.o.cravens.civ@mail.mil and madelyn.l.rozycke.civ@mail.mil no later than August 20, 2024, 10:00am, CST.

The Government cannot guarantee a response to any question received after this date/time.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 1001

The CLIN extended description has changed from:

Adobe Joint Enterprise software licenses, upgrades, modernization, maintenance support and services.The contractor shall provide Adobe subscriptions as identified in Attachment 1 - Product List and Description and in accordance with Attachment 2 - Adobe JELA Terms and Conditions.The contractor shall provide the Attachment 3 - Sales Format Report to the DITCO Contracting Office and the COR in electronic format within 10 days following completion of the quarterly reporting period. Coverage Period: March 30, 2025 – March 29, 2026

To:

Adobe Joint Enterprise software licenses, upgrades, modernization, maintenance support and services.The contractor shall provide Adobe subscriptions as identified in Attachment 1 - Product List and Description and in accordance with Attachment 2 - Adobe JELA Terms and Conditions.The contractor shall provide the Attachment 3 - Sales Format Report to the DITCO Contracting Office and the COR in electronic format within 10 days following completion of the quarterly reporting period. Coverage Period: March 30, 2025 – March 29, 2026

CLIN 2001

The CLIN extended description has changed from:

Adobe Joint Enterprise software licenses, upgrades, modernization, maintenance support and services.The contractor shall provide Adobe subscriptions as identified in Attachment 1 - Product List and Description and in accordance with Attachment 2 - Adobe JELA Terms and Conditions.The contractor shall provide the Attachment 3 - Sales Format Report to the DITCO Contracting Office and the COR in electronic format within 10 days following completion of the quarterly reporting period. Coverage Period: March 30, 2026 – March 29, 2027

To:

Adobe Joint Enterprise software licenses, upgrades, modernization, maintenance support and services.The contractor shall provide Adobe subscriptions as identified in Attachment 1 - Product List and Description and in accordance with Attachment 2 - Adobe JELA Terms and Conditions.The contractor shall provide the Attachment 3 - Sales Format Report to the DITCO Contracting Office and the COR in electronic format within 10 days following completion of the quarterly reporting period. Coverage Period: March 30, 2026 – March 29, 2027

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Attachment 1 - Product

List and Description

AMD02

Attachment 2 Attachment 2 - Adobe JELA Terms and Conditions AMD02

Attachment 3 Attachment 3 - Sales Format Report

Attachment 4 Attachment 4 - Section 508 Standards

Attachment 5 Attachment 5 RFP HC108424R0012 Adobe JELA IV Q and A to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Attachment 1 - Product

List and Description 05 Sept AMD03

Attachment 2 Attachment 2 - Adobe JELA Terms and Conditions AMD02

Attachment 3 Attachment 3 - Sales Format Report

Attachment 4 Attachment 4 - Section 508 Standards

Attachment 5 Attachment 5 RFP HC108424R0012 Adobe JELA IV Q and A

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTIONS

1. Offerors are requested to submit a written technical and price proposal in response to the attached Product List and Description document (Attachment 1). A copy of the offeror’s Letter of Authorization must be submitted with the proposal and will not be counted against page limits. Further information on submission of technical and price proposals is provided throughout this document.

2. Data Security. The offeror shall address where the government data will be stored. The offeror shall provide their data security policy and data recovery plan. The offeror shall provide who will have access to the data within the Vendor Organization, how the data will be processed and the encryption plan. The Offeror shall address data breach notification procedures and costs. The Vendors should have an opportunity to offer a reasonable written plan to provide backups for their services and the Government’s data.

3. Each offeror shall specifically identify in its proposal, whether or not any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in Federal Acquisition Regulation (FAR) Subpart 9.5 exists for this this procurement. The OCCI language is contained along with the FAR/DFARS provisions/clauses as H1, Organizational and Consultant Conflicts of Interest (OCCI). If a offeror believes that an actual or perceived OCCI does exist on this procurement, the contractor shall submit an OCCI plan with the proposal, explaining in detail how the OCCI will be mitigated and/or avoided.

4. Section 508 Accessibility Standards do apply to this requirement. Section 508 requirements are listed in the attached Section 508 Standards (Attachment 4). An offeror’s proposal shall affirm that the offeror is compliant with Section 508 standards. Any proposal failing to affirm the offeror’s compliance with the Section 508 Accessibility Standards, as listed in the PWS, may be eliminated from consideration for award. Offerors shall describe their approach in conforming with Section 508 Standards. Accessibility Conformance Report (ACR), based on the Voluntary Product Accessibility Template (VPAT) may be used to provide detailed information on the level of conformance for Adobe products. ACRs for all Adobe products must be provided upon request.

Affirmation of compliance with 508 Standard included in this response: Yes ☐ No ☐

5. The following administrative requirements apply to the offerors’ proposals in response to the RFP. The technical portion of the proposal shall include information regarding the offeror’s ability to conform to all required terms and conditions in the solicitation. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches. Page limitations are identified below under each evaluation factor and will be treated as maximums. If exceeded, excess pages will not be read or considered in evaluation of the proposal. The following items will not be considered when calculating page limits: cover page, table of contents, glossary, executive summary, generic resumes, OCCI mitigation plans, FAR/DFARS Provisions/Clauses, Section 508 compliance, Commercial Product Descriptions, and End User Agreements. In the event any evaluation notices are issued, page limitations may also be placed on those.

The technical portion of the proposal shall be submitted in Microsoft (MS) Word. The page format shall have a 1 inch margin using no smaller than an 11 point Arial, Times New Roman, or Courier New font for all text to include any text contained in a table. The price proposal spreadsheet shall be a separate document from the technical proposal and shall be submitted in MS Excel. All formulas shall remain present in the spreadsheet for verification.

The total size of each email (including all attachments) shall not exceed 20MB. It is the sole responsibility of the offeror to ensure that the electronic files submitted are virus free and can be opened and read by the Government.

Proposal submissions shall not be locked, encrypted, or otherwise contain barriers to opening. The Government is under no obligation to seek clarification regarding electronic proposal submissions if submissions cannot be opened or accessed. Page limitations shall not be circumvented by including text boxes/pop-ups or internet links to additional information; such inclusions are not acceptable and will not be considered part of a proposal.

6. The Government intends to evaluate proposals and award a contract without exchanges with offerors. However, the Government reserves the right to conduct exchanges or seek clarifications if the contracting officer (KO) determines they are necessary. The Government further reserves the right to reduce the number of proposals being competitively considered to the greatest number that will permit efficient competition among the most highly rated proposals. If an offeror’s proposal is removed from further consideration for award, written notice of the removal will be provided to the offeror. In the event issues pertaining to a proposed task cannot be resolved to the KO's satisfaction, the Government reserves the right to withdraw and cancel the potential order. In such event, offeror will be notified in writing.

7. This RFP provisions that apply to this solicitation and clauses that will be applicable to the resulting award.

Some of the provisions and additional DITCO instructions require a response from the contractor and must be submitted with the proposal.

8. In response to this RFP, contractor terms, conditions, or assumptions will not be entertained. This does not include the commercial description and end user agreements. If contractor terms, conditions, or assumptions are included in a proposal, the proposal may be excluded on grounds that it failed to comply with the RFP’s instructions.

Any failure to adhere with Government terms, conditions, instructions, or requirements (e.g., administrative, pricing, regulatory) within this RFP may result in the proposal being excluded from further consideration.

9. All proposals received in response to this RFP shall remain valid for 90 calendar days from the proposal due date.

The Government will treat as confidential any and all documents and/or information submitted by offerors in response to this solicitation.

10. Portions of the offeror’s proposal may be incorporated into the contract.

11. Proposals are due no later than September 9, 2024, at 5:00pm CST and should be submitted in SAM.gov and electronically to madelyn.l.rozycke.civ@mail.mil and lisa.o.cravens.civ@mail.mil.

Notice: Proposals shall not include references to terms such as:

• “To receive and maintain additional spot discounts, minimum order quantities will be required”

• “End User License Agreement” (which was removed from RFP Amendment 0002)

• Monthly reporting requirements of the DOD or “true up” language (Any bona fide need of the Government will be solidified through a Delivery Order (pay as you go), at no time should any Enrollee download/access/deploy a licenses/subscription that is not paid for in advance of any download/deploy.)

• Contingency terms that violate the bona fide need rule, conflict with Fixed Pricing arrangements, the IDIQ contract and other regulations.

• Renewal terms such as: “For all renewals of order under the JELA Contract, the license term may be renewed for the fees set forth in the Products and Services Pricing Detail by providing Reseller 30 days prior written notice, provided that 1) the quantity of any identified licenses does not decrease and 2) if the license is for an Adobe Sign Subscription, that Customer does not process Transactions beyond the Subscription Limit during the preceding Base Year or Option Year. Any renewal of the License Term or exercise of an Option Year must reflect the quantities set forth herein. Unless the license is for an Adobe Sign Subscription, the Option Year must also include any excess quantities that were added on and/or trued up during the entire License Term and any exercised Option Years. If Customer desires to renew the License Term or exercise an Option Year with a reduction of the quantities described above, then Customer and Reseller must enter into an addendum to their agreement, which may reflect revised unit pricing. If Customer attempts to renew for an Option Year by providing notice to the Reseller less than thirty days prior to the expiration of the then current License Term, or after the expiration of the then current License Term, Adobe can decide whether or not to accept such order from its Distributor in its sole discretion.”

(End of Summary of Changes)