Microsoft EES SSJ_Redacted.pdf

PROCUREMENT SENSITIVE INFORMATION – FOR OFFICIAL USE ONLY

Justification and Approval for Other than Full and Open Competition under FAR Part 13

In accordance with FAR 13.106-1(b), 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.

Per FAR 13.106-1(b)(1), this requirement does not exceed the Simplified Acquisition Threshold (SAT) and will be solicited to one source.

1. Identification of the agency and the contracting activity:

Uniformed Services University of the Health Sciences (USUHS), Acquisitions Directorate

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

Issuance of a sole source award. This will be a firm fixed price follow-on contract.

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

USU’s Customer Support Directorate (CSD) has a requirement for one (1) Microsoft Enrollment for Education Solutions (EES) Agreement encompassing the following 18 subscriptions: Microsoft 365 A5 (option B), Microsoft 365 A3 Transitional, Microsoft 365 A5 Transitional, Microsoft 365 A5 Student Use Benefit, Microsoft Project Plan 5 (Premium) Subscription, Microsoft Project Pro (On-Premise License), Microsoft Visio Pro (On-Premise License), Microsoft Visual Studio Pro With MSDN, Microsoft Visual Studio Enterprise with MSDN, Microsoft Core Server Platform (Employee), Microsoft Core Server Platform (Student), Microsoft Core CAL (Student), Microsoft SQL Server Platform (Employee), Microsoft SQL CAL (Employee), Microsoft SQL Server Platform (Student), Microsoft SQL CAL (Student), Microsoft Azure Monetary Commit Unit, and Microsoft Project Server.

The estimated value of this requirement is

4. Demonstration that the proposed contractor’s unique certifications or the nature of the acquisition requires use of the authority cited:

As an educational institution located in the state of Maryland, the Uniformed Services University of the Health Sciences (USU) maintains a membership of the Maryland Educational Enterprise Consortium (MEEC). The Maryland Education Enterprise Consortium offers centrally coordinated and negotiated procurement opportunities for member organizations to gain economic advantage and value in the acquisition of products and services that are beneficial to the educational enterprise. The Microsoft Enrollment for Education Solutions (EES) Software Agreement for bundled software products is exclusively offered to MEEC members. Bell Industries, Inc. (company division name - Bell Techlogix) is the sole supplier and only authorized reseller of Microsoft EES products specifically bundled for educational institutions belonging to the MEEC organization.

This agreement also includes all major releases of the software and documentation made available during the performance period. It is in the Government’s best interest to limit competition and procure the Microsoft EES agreement via a sole source vehicle to Bell Techlogix for the aggregate of the requirement. It is determined that providing for full and open competition would result in a substantial cost to the Government not expected to be recovered. Therefore, these circumstances support the selected exception to the requirement for full and open competition.

5. Procedures of FAR 13.5 were or will be used in accordance with 41 USC 1901 or the authority of 41 USC 1903 (including publicizing required justifications): X Yes

No

If the notice to the Governmentwide Point of Entry (GPE) will not be publicized, indicate which exception applies:

☐ This requirement is under $25,000. No synopsis to the GPE is required. (FAR 5.101(a)(1))

☐ The following exception under FAR 5.202 applies:

6. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

For pricing information, USU will obtain a quote for this requirement from the proposed contractor. Historical pricing and/or pricing found in the commercial marketplace for similar requirements will be reviewed and utilized in an award memorandum decision document to ensure the Government is offered pricing that is fair and reasonable.

7. Description of market research conducted and the results, or a statement of the reason market research was not conducted:

FPI and AbilityOne searches for the Microsoft EES produced no results illustrating the requirement can be fulfilled via the mandatory sources. A GSA and NASA SEWP search for Microsoft EES also produced no results illustrating the requirement can be fulfilled via GSA.

A review of the Maryland Education Enterprise Consortium’s (MEEC) website determined there is an agreement between MEEC and Bell Techlogix for Bell Techlogix to serve as the sole distributor of Microsoft EES agreements to MEEC members. The best method of procurement for the requirement is to publish a Notice of Intent to issue a sole source contract to Bell Techlogix to the Governmentwide Point of Entry for 15 calendar days and issue a sole source contract to Bell Techlogix IAW FAR Parts 12 and 13.

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

N/A.

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

No other sources have expressed an interest, in writing, in the proposed acquisition.

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

The Government will continue to monitor the marketplace to remove the barriers of competition. However, the Microsoft Enrollment for Education Solutions (EES) Agreement offered via Bell Techlogix is the only agreement that currently meets all of the Government’s needs.

Certifications

Technical/Requirements Personnel:

As evidenced by the signature below, the technical/requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.

Signature Date

Contracting Officer:

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief, and I have determined that the anticipated cost to the Government will be fair and reasonable.

Signature Date

X Approved ☐ Disapproved