J&A_Other_Than_Full_and_Open_Competition_19PT046.pdf

Justification and Approval for Other than Full and Open Competition

1. Identification of the agency and contracting activity.

Department of Defense, Uniformed Services University of Health Sciences (USU), Acquisitions Directorate

a. Sponsoring organization.

USU’s Customer Service Directorate (CSD)

b. Project Officer Information.

• Project Officer Name: Royce Goddard

• Mailing Address: 4301 Jones Bridge Road, Bethesda, MD 20814

• E-mail: royce.goddard@usuhs.edu

• Telephone number: 301-295-1920

2. Nature and/or description of the action being approved.

The purpose of this acquisition is to procure Adobe ETLA subscriptions for all of USU staff, faculty, and students.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

The requirement is to renew subscriptions of 3,112 Enterprise Term License Agreement (ETLA) licenses. CSD needs 1,843 ETLA licenses for USU faculty and staff and the remaining 1,269 licenses for USU students. The ETLA licenses must provide users with the latest version of the following Adobe creative applications and services: Photoshop, Illustrator, InDesign, Bridge, Extension Manager, InCopy, XI Pro, Dreamweaver, Flash Professional, Flash Builder Premium Edition, Fireworks, Premiere Pro, After Effects, Audition, SpeedGrade, Prelude, Encore, Media Encoder, Photoshop Lightroom, Muse, Edge, Animate, Edge Inspect, Code Preview, Edge Reflow, Edge Web Fonts, Scout, Cloud Storage, Collaboration Tools. The subscription must include enterprise deployment tools, new features and upgrades as soon as products become available, cover campus installations, and two work from home installations for faculty, staff and students. The value of this requirement is $87,136.00.

4. Identification of the statutory authority permitting other than full and open competition.

10 U.S.C 2304(c)(2) or 41 U.S.C. 3304(a)(2); Unusual and Compelling Urgency

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

mailto:royce.goddard@usuhs.edu

a. Name and address of the proposed contractor(s).

Digital Information Services, 10425 Dalebrooke Lane, Potomac, MD 20854-6412

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

USU is a current Maryland Education Enterprise Consortium (MEEC) member and as such, can procure its requirement for Adobe subscriptions via MEEC’s contract number 14P-004 which has exclusive licensing agreements with Adobe through the MEEC vehicle. The MEEC contract with Adobe was established to provide MEEC members with the ability to procure IT products and services at a highly competitive rate. Digital Information Services is the sole supplier of Adobe products and services via MEEC contract number 14P-004.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR

5.202 applies.

IAW 5.202(a)(2) The proposed contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

7. Determination by the Contracting Officer that the anticipated cost/price to the

Government will be fair and reasonable.

The subscriptions procured are considered commercial in accordance to FAR part 2.101. The Contracting Officer will use various methods contained under FAR Parts 12 and 13 to ensure the subscription price considered fair and reasonable. These methods could include, but are not limited to, catalog prices, internet search for similar products, historic data and price lists available.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research was not conducted as USU has procured this Adobe subscription via the MEEC vehicle for several years. Additionally, the MEEC vehicle is the only vehicle that can provide USU with all of its requirements in the timeframe that is needed.

9. Any other facts supporting the use of other than full and open competition.

An unusual and compelling urgency precludes full and open competition and delay in award of a contract would result in serious injury, financial or other, to the Government.

Specifically, the university would lose access to all elements of the Adobe subscription. This would be extremely detrimental to current and potential operations that further the mission of

USU.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

Due to the urgent and compelling nature of this requirement, no other qualified sources were identified.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

USU will attempt to remove the barriers that have led to this urgent and compelling situation.

In regard to this requirement, no action was taken due to the urgent and compelling nature of this requirement.