Redacted JA.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED ACQUISITION

THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

This requirement is to procure licensing subscriptions for Microsoft Office 365 A5 in support of the Marine Corps University. This software is a suite of applications to include Word, Excel, PowerPoint, OneNote, Outlook, and Microsoft Teams. Microsoft 365 A5 will provide MCU with seamless, integrated capabilities that can be accessed on multiple devices and provide security and protection from advanced threats.

Brand Name Microsoft 365 A5 as follows:

Manufacturer Manufacturer Part No.

Name and Description Quantity

Microsoft, Corporation

MST-365-FA5-C100 Microsoft 365 A5 – 1 Faculty License provides 40 Student License

Manufacturer: Microsoft, Corporation Manufacturer POC and Phone Number: Tel: 855-270-0615 Manufacturer Address: 1 Microsoft Way, Redmond, WA 98052 Manufacturer’s Dealer/Representative: Various authorized resellers

The required delivery/performance start date is 1 July 2022, or date of award, whichever is later.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

B. _X__ BRAND NAME

The United States Marine Corps is currently migrating to Microsoft Office 365 across the Marine Corps Enterprise Network (MCEN), and to align with the entire Marine Corps, the Marine Corps University (MCU) is transitioning from the G-Suite Environment to Microsoft Office 365. This requirement is to procure Microsoft 365 A5 licensing subscriptions, as the migration support services are being procured via Marine Corps Systems Command.

Brand Name is important to satisfy future consistency across the Marine Corps. Complete compatibility is essential and is assured by the use of Microsoft Office 365.

Specific characteristics of the Microsoft Office 365 that limit the availability to a Brand Name are:

Currently integrating into the entire Marine Corps Network and is compliance with

Marine Corps Enterprise Integration efforts Worldwide Web services access Engineering support and assistance only offered via Microsoft Provides the required FEDRAMP approval for Government use

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: