REDACTED LSJ ELA Bridge.pdf

Limited Sources Justification Microsoft ELA Bridge Effort

1. Contracting activity:

This Limited-Sources Justification (LSJ) supports a procurement action to be conducted under the authority of the Multiple Award Schedule Program (FAR 8.401). The procurement action is generated by the Office of Personnel Management (OPM), Office of Procurement Operations

(OPO).

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

In support of its mission, Chief Information Officer (CIO) Enterprise Infrastructure Services (EIS) Network Management (NM) team requires a continuation of its Microsoft Enterprise License Agreement (MS ELA) in order to maintain the agency’s IT infrastructure. This document provides justification, and approval, for a short-term (60 day) sole source bridge task order award to SHI International Corporation (SHI) for the renewal of OPM’s MS ELA. OPM’s current MS ELA will expire on January 31, 2021, and this bridge effort, utilizing the current Microsoft authorized reseller of ELA services, is necessary to avoid a detrimental lapse in services while OPM’s final requirement is defined and competed. The period of performance shall be February 1, 2021 – March 31, 2021.

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

The attached Bill of Materials (Attachment 1) itemizes the government’s requirement for this bridge effort. The estimated value for this action is for the period of two (2) months.

4. Identification of the statutory authority and supporting rationale

FAR 8.405-6(a)(1)(i)(A) “An urgent and compelling need exists and following the procedures would result in unacceptable delays.”

The MS ELA licensing and maintenance services required under this bridge effort are necessary to maintain the only software application currently supporting agency infrastructure management and provide a common operating environment for all end users. This includes Microsoft Office 365 and all software operating systems for cloud environments, new servers, desktops, and laptops. SHI is the incumbent Microsoft authorized reseller, and as such, SHI is uniquely qualified to seamlessly transition into a short-term bridge to ensure no lapse in services at OPM.

Due to the critical role Microsoft software applications and cloud solutions play in OPM’s technical architecture, the software and updates must have a continued high rate of availability.

A lapse in services would severely disable OPM’s daily operations, resulting in an agency-wide loss of time and productivity, ultimately impacting OPM’s ability to achieve its mission.

A competitive effort is underway to ensure a sustainable long-term solution will be in place prior to the expiration of the bridge. Competing the short-term effort would result in additional costs to the government, and it would potentially result in the transition of two vendors to support the MS ELA requirement in less than a 60-day time period. At this time, there are no alternatives to this requirement and no other solutions are available to ensure no break in services.

5. Determination by the contracting officer that the anticipated order will represent the best value:

Based on the nature of the requirement, a request for quotation (RFQ) will be issued to a single source, SHI, under GSA Schedule Number 47QTCA19D005D. Competition will not be sought.

In order to determine that the anticipated order will represent the best value, the Contracting Officer and requesting activity will review previous orders, compare received pricing to the Independent Government Cost Estimate (IGCE), and ensure pricing is in accordance with the vendor’s published GSA prices. Additionally, the vendor will be requested to provide any discounts available beyond the published GSA price. Per FAR 8.404, pricing provided on the Federal Supply Schedule is already determined to be fair and reasonable.

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

Market research for the competitive effort yielded a Microsoft approved list of six (6) Microsoft Authorized Resellers for ELA services. Based on additional market research conducted, the Microsoft authorized resellers are available on GSA Schedule. OPM anticipates adequate competition will be achieved for the competitive requirement. While SHI is one of the six (6) identified, no competitive advantage will be provided through the issuance of this bridge task order.

7. Other facts supporting the justification.

The MS ELA licenses, and support currently provided via contract OPM3217C0005 were awarded to DBISP, LLC on a competitive basis, after consideration of an approved brand name justification, within the 8(a) BD program. DBISP, LLC served as the prime vendor and provided licensing to OPM through SHI’s authorized reseller status. Market research for this bridge effort and competitive follow-on effort establishes that NAICS 541519 Other Computer Related Services is the appropriate code based on the necessity for an IT Value Added Reseller (ITVAR) of Microsoft products and services. DBISP, LLC is not identified as an authorized reseller of MS ELA, and as a small business, it could not comply with the requirements in FAR 52.219-14 Limitations in Subcontracting even if it were so. Therefore, DBISP, LLC is no longer eligible to satisfy this requirement. In accordance with FAR 19.815, 13 C.F.R. 124.504(d), and OPM’s Partnership Agreement with the Small Business Administration (SBA), OPM has sought the release of this requirement from the 8(a) BD Program. Since SHI is a confirmed authorized reseller for Microsoft products and has been involved in the relationship of providing the existing Microsoft Licenses and ELA support, via DBISP, LLC, they are able to provide the specific Microsoft product requirements with no delay.

8. Statement of actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

CIO/EIS/NM is preparing a comprehensive requirements package that will be satisfied using competitive procedures. Based on the aforementioned market research and the current IT infrastructure layout, brand name consideration for Microsoft and its authorized resellers is anticipated for the competitive effort. However, technical experts will continue to evaluate the required capabilities to assure they are not overly restrictive.

In accordance with FAR 8.405-6(a)(2)(ii) –- Urgent and Compelling, within 30 days after task order award, a notice shall be posted in accordance with FAR 5.301 and a copy of this justification posted at the GPE http://beta.SAM.gov for a minimum of 30 days. Any contractor proprietary data, references and citations, as are necessary to protect the proprietary data, will be removed before making the justification available for public inspection.

9. Certifications:

I hereby certify that the information provided herein to support this Justification is complete and accurate to the best of my knowledge and belief.

10. Approval:

I hereby certify that the information provided herein to support this Justification is complete and accurate to the best of my knowledge and belief, and I certify that the requirements identified within this justification are applicable to the authority 8.405-6(a)(1)(i)(A) cited. My signature signifies approval of this Justification.

OPM Competition Advocate