JA24-097 Adobe JELA_SPWE Signed HCA 20240802 (002)_Redacted.pdf

CUI

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Controlled By: DISA Controlled By: Acquisitions CUI Category: Procurement Distribution/Dissemination Control: FED ONLY POC: David.a.white440.civ@mail.mil

CUI

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, and FAR Part 15

Purchase Request Number: To be determined (TBD) Contract Number: TBD Task/Delivery Order Number: TBD Procurement Title: Department of Defense (DOD) Adobe Joint Enterprise License Agreement (JELA) IV Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 3204(a)(1) and FAR 6.302-1

Justification for OTFAOC Number: JA24-097

Upon the basis of the following justification, I, as the Senior Procurement Executive, hereby approve the use of other than full and open competition of the following proposed contractual action pursuant to the authority of FAR 6.302-1, as there is only one responsible source, and no other supplies or services will satisfy agency requirements.

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency:

Defense Information Systems Agency (DISA) Acquisitions/BDL1 6914 Cooper Avenue Fort Meade, Maryland 20755

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO) PS8413

2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225

2. NATURE AND DESCRIPTION OF THE ACTION BEING APPROVED:

The nature of this action is to procure brand name commercial off-the-shelf Adobe enterprise software licenses to include upgrades and maintenance support, on a subscription basis.

The Adobe JELA IV contract will cover the entire DOD including the Office of the Secretary of Defense (OSD), DOD Agencies, Military Departments (MILDEP), and the Combatant Commands (CCMD). This also includes CCMDs in which a MILDEP is the Executive Agency and/or is a CCMD Support Agent as defined by DOD Directive 5100.03 and identifies as part of their organization. The scope of this requirement applies to Continental United States (CONUS) and Outside the Continental United States (OCONUS) sites with remote access capabilities.

JA24-097 DOD Adobe JELA IV

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Additionally, as an enterprise service provider to the DOD, DISA is tasked and therefore authorized, to provide services, including those within the scope of this J&A (and associated contract), on behalf of DOD mission partners/customers. The procurement will be awarded as a firm-fixed-price (FFP) single award, Indefinite Delivery Indefinite Quantity (IDIQ) contract to one of Adobe’s authorized resellers. The requirement will be solicited through an open market process on the https://sam.gov/platform, inviting Adobe and all Adobe resellers with a Letter of Authorization (LOA) from Adobe to submit their responses. This procurement initiative streamlines the acquisition process and provides Adobe software subscriptions to support various DOD operations, activities, and initiatives across different geographical locations.

3. DESCRIPTION OF SUPPLIES OR SERVICES AND ESTIMATED VALUE:

a. The purpose of this requirement is to procure capabilities for digital imagery production applications. Specifically, stills, video, audio, graphics, layout, and design tools are all digital imageries designed to work together. This capability includes a software solution to integrate essential functions required to include motion graphics, graphic design, photo retouching and manipulation, publication layout, video editing, sound editing and sweetening, and final distribution. Additionally, the DOD has the requirement to develop portfolios which provide the capability of combining all types of document files into a single standard portable document format (PDF) file so that they can be transmitted, opened, and accessed by any Adobe Acrobat-equipped user. The DOD’s requirement includes the ability to maintain current systems while meeting future systems and network capability and performance requirements. Software subscriptions must continue to meet the functional requirements and capabilities shown below:

i. A PDF reader with minimum capabilities to access, view, create, convert to/from, export, edit, review, annotate, and redact PDF files and PDF content. Electronic (E)-Signature capabilities must include ability to request and provide secure electronic signatures on PDF documents with multiple users on a document. E-signatures shall comply with U.S. e-signature law, as well as DOD requirements that all digital signatures use the identification (ID) signature certificate embedded within Government ID cards. PDF e-signature capabilities shall allow embedding with DOD Common Access Cards (CAC) to validate signature certificates against DOD Certificate Revocation List servers. Redaction capabilities on PDFs must allow for full and secure censorship and obscuring of PDF content, to include official records. Redaction capabilities shall be able to embed Freedom of Information Act “exception codes” to documents when an official record has been redacted. PDF software security capabilities shall include user permissions, authorizations, password protections, and the highest standards of data security that can pass DOD’s Assured Compliance Assessment Solution (ACAS) vulnerability scans for use on DOD networks.

ii. Forms software solution shall have capabilities to create dynamic forms, including PDF, Hyper Text Markup Language (HTML) 5, adaptive forms, Page 3 of 9 Pages and other supported file types. Form design capabilities shall include content editing, template formats, layout design modification, and question types, including library of pre-existing form types. Forms software must provide the ability for DOD to deploy fillable forms to non- Government personnel without connectivity to DOD networks. Forms management software security capabilities shall include user permissions, authorizations, password protections, and highest standards of data security that can pass DOD’s ACAS vulnerability scanner tool for use on networks.

iii. Visualization tools software must include photo image and graphics editing capabilities. Layout and page design software must have the ability to create designs for digital and print media; this includes design capabilities for posters, flyers, brochures, magazines, newspapers, presentations, books, and e-books (including electronic publication formats). Video and motion picture editing software need the capabilities to produce high-definition video at broadcast-quality.

iv. Within web content management, the product includes building, publishing, and updating of webpages with best-in-class user experience/user interface capabilities (including design templates), as well as comprehensive Website Content Management System (CMS) to build web content to include program code, text, graphics, photos, video, maps, extraction of forms/data into databases, and integration of application programming interface (APIs).

b. The Period of Performance (PoP) (ordering period) of the contract will be four years and six months, from September 30, 2024, through March 29, 2029. The total estimated lifecycle value of this requirement is as detailed in the table below.

Funding will be applied at the delivery order level and will be dependent on the specific appropriations that DOD users have allocated for the requirement. The applicable North American Industrial Classification System code as 513210 Software Publishers.

c. The estimated value of the Adobe licenses is as follows:

Base Period (6 months)

Option Year

(OY)1 OY2 OY3 OY4

Total Contract Lifecycle Value

4. IDENTIFICATION OF STATUTORY AUTHORITY:

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Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C. 3204(a)(1) (FAR 6.302-1).

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

a. To meet DOD’s need, the Government must acquire the following brand-name Adobe software subscriptions.

Item Description* Adobe Creative Cloud Enterprise Full Suite

Adobe Dreamweaver Adobe Illustrator Adobe Photoshop Adobe Audition Adobe InCopy

Adobe InDesign Adobe Premiere Professional

Adobe After Effect Adobe Captivate Enterprise

Adobe Coldfusion Enterprise Adobe FrameMaker 12.0

Adobe Substance Adobe RoboHelp Office

Adobe Connect License General Server Term Adobe Connect Meeting License Concurrent User Term

Animate Enterprise Term License with Maintenance & Support Technical Communication Suite Enterprise Term License with Maintenance & Support

Adobe AEM Sites Adobe Analytics

Adobe AEM Target Adobe Managed Services

Adobe Sign Adobe AEM Assets

Adobe Express

b. Required functionalities are essential to the DOD requirements and must come from the Original Equipment Manufacturer (OEM), Adobe. Market research indicates other competitors’ products are lacking functionalities that do not meet or cannot be modified to meet the agency’s needs described in greater detail in Section 8 below.

c. The Adobe products identified are integrated and interfaced within the established infrastructure and are required to ensure compatibility through the networks. There are no other brand-name products currently on the market that can provide the required

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Although there are cases where other OEMs have a single product that can meet a portion of the requirement, additional factors would need to be identified to ensure compatibility and interoperability. If the product is used in isolation, there are technical risks of meeting the requirement of the customer. Specifically, still images, video, audio, graphics, layout, and design tools are all digital imageries designed to work together. The ability to integrate motion graphics (After Effects), graphic design (Illustrator), photo retouching and manipulation (Photoshop), publication layout (InDesign), video editing (Premiere), sound editing and sweetening (Audition), and final distribution (Web with Dreamweaver or disc, Encore) are essential functionalities.

d. Adobe fillable PDF formats are the fillable electronic forms standard for DOD (Defense

Department Forms), General Services Administration (GSA) (Standard Forms, Optional Forms, and GSA Forms), Office of Personnel Management (OPM), Service (Department of Army Forms), and other agency official forms throughout the DOD. Adobe PDF Reader Extended forms need to be accessible to all users to fill-out, saving and printing using the Adobe Reader software. Adobe PDF fillable forms support and integrate the capability for electronic CAC signature within the same software and eliminate complexity and compatibility issues resulting from the need to customize, combine, or integrate the signature capability of a third-party software.

e. The effects of not acquiring Adobe software products will adversely impact the productivity and digital information sharing. Moreover, it will significantly heighten the risk of information assurance and security vulnerabilities within the DOD systems, CONUS, and OCONUS. Due to the criticality of the software, as security threats are identified, updates must be made.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES:

The requirement is for potential large and small business resellers for Adobe products capable of servicing over two million users across four types of IT software solutions. A Sources Sought Notice (ID: 842367889) was published on August 29, 2023. A total of five responses were received comprising of four large businesses and one small business.

Additionally, a request for information to request pricing was published on January 13, 2024. A total of four responses were received comprising of three large businesses and one small business.

7. DETERMINATION OF ANTICIPATED FAIR AND REASONABLE COST:

A determination will be made by the contracting officer that the contract represents the best value to the Government, as defined in FAR 2.101, and results in the lowest overall cost alternative (considering price and administrative costs) to meet the Government's needs. The contracting officer will also determine the pricing information valid for comparative purposes. In accordance with FAR 15.403-1(b)(3), certified cost and price data are not required for this commercial item acquisition. The

Page 6 of 9 Pages contracting officer will determine whether the price is fair and reasonable based on one or more of the following:

(1) Comparison of proposed prices received in response to the solicitation.

(2) Comparison of the proposed prices to historical and existing prices paid, whether by the Government or other than the Government, for the same or similar items.

(3) Comparison with competitive published price list, published market prices of the same commodities.

(4) Comparison of proposed prices with the independent Government cost estimate.

8. MARKET RESEARCH:

a. Market research was conducted for this procurement from March 2022 to June 2024.

Market research included conducting an internal analysis of alternatives against another competing solution, gathering data from previous acquisitions, reviewing current contracts, internet searches, exchanges with knowledgeable individuals in industry/Government to include the OEMs and authorized resellers, conducting internal discussions, and reviewing existing DISA-wide contract vehicles and other Government- Wide Acquisition Contracts. Additionally, a request for information and sources sought notices was published to determine potential sources.

b. The DISA JELA Program Management Office (PMO) conducts ongoing discussions on requirements and plays a crucial role in market research through an Integrated Product Team (IPT) comprising of all DOD Mission Partners. The market research reveals that no other available brand name products offer the required functionalities. The supplier shall furnish software, upgrades, and maintenance support under a subscription/term-based license model to address present and future Adobe offerings, ensuring uninterrupted access to applications and data for DOD stakeholders. This market research, aimed at finding a solution for PDF, Forms Management, Visualization and Multimedia Design, and Web Content Management tools, involved engagements with various suppliers including discussions and formal requests for information. Despite these efforts, it was determined that none of the alternative suppliers could fully meet the Government's requirements and security compliance standards.

c. On August 29, 2023, a Sources Sought Notice (ID: 842367889) was posted to gather information about potential small business resellers for Adobe products capable of servicing over two million users across four types of IT software solutions: PDF Software, Forms Management, Visualization and Multimedia Design, and Web Content Management. None of the targeted socio-economic groups had two or more small businesses capable of fulfilling the requirement. It was concluded that Adobe, as well as five certified resellers consisting of four large businesses and one small business, can satisfy the entirety of the Government's requirements.

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d. On June 17, 2024, an updated sources sought notice (Notice ID # 842367889) was issued to remove the requirement for platinum or gold reseller partners and to request responses from authorized resellers who have a LOA from Adobe. Additionally, the requirement for ad-hoc support for on-site classified environments was removed. Four additional responses from the small business community were received. On June 27, 2024, the JELA PMO requested all four small businesses provide a LOA from Adobe by July 1, 2024. At this time, Adobe has indicated that they will not authorize any small businesses other than Four Inc. to perform on the JELA contract due to their own reservations.

e. Since GSA is no longer issuing Enterprise Term License Agreements per Adobe's directive and the NASA SEWP contract vehicle is set to expire in April 2025, DISA’s contracting activity will post the request for proposal on SAM.gov open market allowing all authorized resellers the opportunity to respond.

9. ANY OTHER FACTS SUPPORTING OTHER THAN FULL AND OPEN COMPETITION:

None.

10. LISTING OF INTERESTED SOURCES:

The following sources have expressed an interest in the procurement:

a. CDW Government LLC.

b. Emergent, LLC.

c. Dell Federal Systems L.P.

d. Carahsoft Technology Corp.

e. Four LLC.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

a. Procurement History: The DOD Adobe JELA II was a FFP, single award Blanket

Purchase Agreement (BPA) with a PoP of September 30, 2016 – September 29, 2021. It was a follow-on to the Adobe JELA I BPA to procure brand name Adobe software products. The Adobe JELA III was executed as a FFP, single award Agency Catalog with a PoP of September 30, 2021 – September 29, 2024.

(1) Reviewing officials and the approval authority have reviewed the previous J&A

(JA21-083), which was routed with this J&A, and determined any planned actions to remove barriers to competition listed on the previous justification were considered.

Current market research validates the fact that the type and extent of unique services required by the mission partners can only be met by utilizing Adobe licenses, products, and services. Market research has determined that a brand name limited source environment still exists to meet the current needs of the Government.

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b. These brand-name Adobe subscriptions are currently being used across the DOD and already meet the stated requirements. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions. For example, an alternative approach may be pursued if similar products and/or product support becomes available in the marketplace that provides the same functionality.

c. Barriers to competition will be reviewed annually. Based on current market research, it is determined that there are no competitor products that exist in the market capable of meeting the Government’s need. Government market research concluded that the brand-name product solution, Adobe, is essential to the Government’s requirements. Other companies’ similar products, or products lacking the particular features, do not meet, or cannot be modified to meet, the Agency’s needs.

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE/DATE:

TITLE/ORGANIZATION:

PHONE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE/DATE:

PHONE:

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

SENIOR PROCUREMENT EXECUTIVE APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification for OTFAOC exceeds $100M, this review serves as approval.

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO