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

XLSX spreadsheet 25 KB Posted

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Adobe Joint Enterprise License Agreement (JELA) IV
Solicitation number
HC108424R0012
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This document is a Q&A attachment related to a Request for Proposals (RFP) for the Adobe Joint Enterprise License Agreement (JELA) IV contract opportunity. The RFP is being issued by the Defense Information Systems Agency (DISA) to establish a single-award Indefinite Delivery Indefinite Quantity (IDIQ) contract for Adobe software licenses, upgrades, modernization, maintenance support, and related services. The contract period is a 6-month base period plus four 1-year option periods. Proposals are due by August 29, 2024. The RFP is open to all authorized Adobe resellers, and award will be made on a Lowest Price Technically Acceptable (LPTA) basis. Key details include instructions on how to handle discounted pricing, billing, license transfers, audit requirements, and communication protocols. The document also addresses technical requirements, integration, and small business participation, but does not provide a full Statement of Work or describe critical technical features.

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Q&A

RFP - HC108424R0012 - Adobe JELA IV Questions & Answers (Q&A)*redacted all company names
AMD1
#Offeror QuestionsGovernment Answers
1In the solicitation, Attachment 1 does not match what Adobe (OEM) provided through the channel. It lacks several items needed for a complete solution and includes incorrect descriptions and reference SKU parts. Will the government accept feedback from Adobe on updated sku descriptions and additions?Attachment 1 reflects the Government's complete solution. It is the responsibility of any offeror to bring to the Government's attention any sku or part number that is inconsistent with the RFP.
2In the solicitation, Attachment 1 does not match what Adobe provided to the Government through the channel. How would the government suggest industry respond to amend these inconsistencies?Attachment 1 reflects the Government's complete solution. It is the responsibility of any offeror to bring to the Government's attention any sku or part number that is inconsistent with the RFP.
3In the main RFP document, specifically Page 67, Section M ‘Evaluation Factors’, the Government states evaluation will be based on LPTA. Adobe (OEM) provides discounts based on volume. In Attachment 1, the Total Evaluated Price is based on the IDIQ Unit Pricing and quantities shown are for “Evaluation Purposes Only”. To provide the Government with the lowest price, we would like to propose volume-based discounts (based on quantity). Given we can provide both standard price and volume-based discounting, how does the government suggest we differentiate pricing offers within our response?The Government’s RFP will remain unchanged in accordance with the LPTA factors and process referenced in Section M of the RFP. The offeror must propose based on the RFP Attachment 1 in the IDIQ Unit Pricing Tab and the Total Evaluated Price Tab. The estimated quantities are for evaluation purposes only. The contractor shall propose their lowest price.
4Billing in Arrears, Attachment 1 states for SaaS Cloud solutions that the contractor will bill the Government in arrears. This directly conflicts with the items being delivered (examples include lines 80 thru 92). Will the government consider removing this terminology or negotiating this language?Services must be billed monthly in arrears.
5The industry standard, for subscription services, is to bill for the full period of performance upon delivery. Adobe does not offer billing in arrears for several items listed in Attachment 1. Is the government expectation that the reseller will finance the subscription services for the government for a year? This may cause an unfair burden and restrict competition for reseller partners?Services must be billed monthly in arrears.
6How does an “Eligible Enrollee” determine the "Enterprise Footprint" as defined in Solicitation Document "Attachment 2"?“Eligible Enrollee” means the agencies within the DOD Organization authorized to submit Delivery Orders under this agreement. “Enterprise Footprint” means the potential user base of the Enterprise Products and Services established by the parties prior to contract award. The Eligible Enrollee shall work with the DISA Program Office to determine the Enterprise Footprint.
7In Attachment 2 of the solicitation, the definition of "Enterprise Product" includes the following "Enterprise Product must be licensed for all Users on an Enterprise-wide basis under this program". Any changes to the "Enterprise Product" quantities as mutually agreed upon by an “Eligible Enrollee” may result in updated volume discounts that may be applied. How will the government acknowledge this critical requirement in the terms and conditions?The IDIQ contract established a minimum guarantee and fixed prices. Each delivery order RFQ issued will include quantities. Discounted pricing is expected on the delivery order level.
8Attachment 2 refers to the term “parties” throughout the document. Specifically in the definition of “Enterprise Footprint”, section 3 “Enrollment Process”, section 10 “Audits of Use”, and section 13 “Additional Terms and Conditions”. It is our current understanding the “parties” include the following Adobe/Reseller, the Government Program Office (PMO) and the ‘Eligible Enrollee’. Can the government please clarify and/or define the term “parties” within Attachment 2?Parties includes the prime contract holder, DISA Program Office, all enrollees, and the contracting office.
9Page 3 of the Terms and Conditions section 7 states, “Enrollees shall have the right, with notification to Adobe/ Reseller, to assign, reassign, or transfer software licenses or Enrollees’ rights in the Products to other Enrollees at any time during the term. Enrollees are authorized to sublicense, assign, or transfer the subscription rights between Users within a Delivery Order.”This is a statement not a question.
10Page 3 of the Terms and Conditions section 7 states, “Enrollees shall have the right, with notification to Adobe/ Reseller, to assign, reassign, or transfer software licenses or Enrollees’ rights in the Products to other Enrollees at any time during the term. Enrollees are authorized to sublicense, assign, or transfer the subscription rights between Users within a Delivery Order.” a.What is the time frame for the govt to notify the reseller when a license is reassigned or transferred? b.For tracking purposes how is the reseller going to be notified? Will a MOD be issued to the reseller?The Government will not be bound by an exact time frame. Enrollee will communicate prior to any transfer, with Adobe/Reseller through an email notification to support the assignment of transfer.
11Adobe requires its resellers to flow down to customers the applicable Adobe product licenses and services terms and conditions. Such Adobe terms are not captured in Attachment 2. Given this, any reseller will have to provide such Adobe terms in its response to the solicitation, but Section 8 on page 65 indicates that providing such terms could result in a proposal being excluded from consideration. As a result, please confirm that the provision of the Adobe terms in a proposal will not result in a proposal being excluded from consideration.The Government's decision will be based on the RFP criteria. See RFP AMD1 Section L - Instructions, Conditions and Notices to Bidders paragraph 8.
12Per Section B – Supplies or Services and Prices on Page 4 of the RFP states that reseller will need to provide this report within 10 days following completion of the quarterly reporting period however the Instructions Tab of Attachment 3 reference monthly reporting. Which timeframe is applicable?The report shall contain monthly data reported quarterly. The Sales Format Report shall be submitted 10 days following the completion of the quarter.
13How will the technical and pricing proposals be weighted in the evaluation?Refer to section M of the RFP.
14Are there specific technical features or services that are considered critical or will be given extra weight in the evaluation process?No.
15Can you provide more details on the expected volume of licenses or services required over the base period and option years?No additional information will be provided as Attachment 1 tab 3 references historical data ordering.
16Is there a cap or ceiling on price increases for option years, or any expectations on how pricing should be structured over the term of the contract?Reference the RFP Section M, Cost/Price.
17Can you provide more details on the cybersecurity and compliance requirements specific to this contract, particularly any recent changes or updates to DoD standards?No additional details can be provided at this time. The Government's requirement is for COTS products and services. Reference Section L - Instructions, Conditions and Notices to Bidders paragraph 2.
18Are there any specific integrations or compatibility requirements with existing DoD systems that we should be aware of?No.
19What are the specific expectations for software support and maintenance, including response times and service level agreements (SLAs)?The Government's requirement is for COTS products and services.
20Are there any small business subcontracting requirements or goals that need to be met, even if the contract is not set aside for small businesses?See the subcontracting provisions and clauses referenced in the RFP.
21Is there a possibility of this solicitation being reconsidered for a small business set-aside, given the participation of small businesses like redacted?No.
22Can you provide more details on the expected deliverables and milestones, particularly in the first 90 days after contract award?Each delivery order RFQ shall contain the delivery timelines. The current Adobe JELA III delivery orders will expire September 29, 2024. All renewals will need to be executed by September 30, 2024.
23Are there any known issues or challenges associated with this project that previous contractors have faced, which we should be aware of?No.
24Is there any distinction in the evaluation between different levels of Adobe partnership, such as basic reseller versus an authorized government reseller?RFP requires the offeror to be an authorized reseller.
25Could you please clarify how the external ordering fee of 0.25% will be factored into the pricing evaluation? Will this fee be applied to all orders regardless of the contracting entity?Reference RFP provision G3.
26How will the Government differentiate between offers from large contractors and small businesses the evaluation process?Proposals shall include a Letter of Authorization from the Original Equipment Manufacturer (OEM) confirming that the offeror is an authorized reseller, as defined below, as of the proposal due date and will be an authorized reseller for the period of performance identified in this solicitation. The letter from the OEM shall not be older than 60 days from the date quotations

are due, shall be submitted on the OEM's letterhead, and shall be signed by an authorized representative of the OEM. “Authorized Reseller” means the offeror to whom the OEM issues a Letter of Authorization stating the offeror can provide the Adobe JELA Products and Services as listed in Attachment 1.

27Considering the involvement of small businesses in the competition, under what conditions might this opportunity be reconsidered for a small business set-aside?Market research determined this requirement is for potential large and small business resellers who are authorized to provide the full product set.
28Do any of the products listed require integration with existing DoD systems or platforms? If so, can you provide details on these integration requirements?The Government's requirement is for COTS products and services.
29Is there an anticipated volume of licenses for each product, or will this be determined on a case-by-case basis during the contract term?No.
30Are there any special terms or conditions associated with bulk licensing for specific products?Bulk licensing is not a term referenced in this RFP.
31Are there any additional compliance or cybersecurity requirements that apply to specific products listed, beyond the general requirements outlined in the RFP?The Government's requirement is for COTS products and services. Reference Section L - Instructions, Conditions and Notices to Bidders paragraph 2.
32Are there any products that have special considerations due to their use in secure or classified environments?The Government's requirement is for COTS products and services. Reference Section L - Instructions, Conditions and Notices to Bidders paragraph 2.
33What are the expected timelines for delivery and implementation of the products listed?Any resulting award and delivery orders issued will specify the delivery and Period of Performance. Referenced in Attachment 1 is payment terms. Each delivery order RFQ shall contain the delivery timelines. The current Adobe JELA III delivery orders will expire September 29, 2024. All renewals will need to be executed by September 30, 2024.
34Is there a preferred method of delivery or installation for these products within the DoD’s IT environment?Authorized resellers shall understand how the OEM brand name offers and how they are offered. Coordinate with the OEM to understand the solutions they offer.
35Can you provide further details on the enrollment process for Eligible Enrollees under JELA IV, particularly regarding any timelines or documentation required from the Enrollees to the Reseller?Refer to Attachment 2, Terms and Conditions.
36Could you provide more details on the specific tools or methods that the DoD prefers Enrollees to use when conducting self-audits of license usage?Refer to Attachment 2, Terms and Conditions.
37Are there any limitations or conditions regarding the transfer of Below-the-Line Products and Services licenses between Enrollees, beyond the requirement for prior notification?The Government will not be bound by an exact time frame. Enrollee will communicate prior to any transfer, with Adobe/Reseller through an email notification to support the assignment of transfer.
38What are the specific obligations of the Reseller in notifying and managing software upgrades, especially in scenarios where hardware upgrades may be required?Refer to Attachment 2, Terms and Conditions.
39Can the Government provide examples or scenarios where the Featured Restricted Licensing for Per-User Desktop licenses applies, particularly in classified networks?No.
40In the event of a government shutdown, how should the Reseller adjust the timelines for audit requests and reporting requirements?The Government's requirement is for COTS products and services.
41Could you provide more information on the expectations for the Joint Communications Plan, particularly regarding the roles and responsibilities of the Reseller in developing and executing this plan?The Enrollee agrees to develop a Joint Communications Plan. All communication shall include the JELA PMO and Contracting Officer.
42Given that *redacted is the only small business approved to participate under this solicitation, could you clarify what specific criteria or qualifications led to this decision by Adobe?Refer to the RFP. This is open to large and small businesses. The Government does not control who Adobe will or will not partner with to resell their solutions.

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