Redacted Microsoft LSJ.pdf

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FAR Part 8.4 Limited Source Justification Template Version Date: 08/2023

Limited Source Justification and Approval In Accordance with FAR 8.405-6

For Orders or BPAs above the Micro-Purchase Threshold established under Federal Supply Schedules

1. Agency and Contracting Activity:

a. Contracting Activity: Office of Personnel Management (OPM)/ Office of Procurement Operations (OPO)

b. Requesting Activity: Chief Information Officer (CIO) Enterprise Infrastructure Solutions (EIS) Network Management (NM)

2. Nature/Description of Action: In support of its mission, Chief Information Officer (CIO) Enterprise Infrastructure Solutions (EIS) Network Management (NM) team requires a infrastructure. This document provides justification, and approval, for a brand name justification for the Microsoft products as listed in the attached Bill of Materials (BOM).

Competition for the items listed will be restricted to authorized resellers of the brand name products/services identified in the BOM. The requirement will be advertised as unrestricted to GSA Federal Supply Schedule contract holders. Brand name products include: Microsoft Enterprise Licenses and support.

3. Description of Supplies/Services: The attached Bill of Materials (Attachment 1) itemizes base year plus two option years.

investments, plus the estimated value of additional cloud and productivity investments as OPM consolidates it use of many different duplicative software licenses to meet the requirements of the Megabyte Act of 2016. OPM is on a path to migrate many current on-premise operations to the Microsoft Azure, Office 365, and Dynamics clouds, which accounts for the requested annual ceiling amounts.

Additionally, is align the ELA to the total number of licenses added by the user in the previous 12 months.

The true up process consists of an inventory of all the qualified desktops, users, and processors added to the organization over the course of the year, along with any additional licensed Microsoft product use. See below for additional details-

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b. Type of Contract: Firm Fixed Price

c. Delivery schedule and/or period of performance:

Year 1 31 March 2024- 30 March 2025.

Year 2: 31 March 2025- 30 March 2026 Year 3: 31 March 2026- 30 March 2027

4. Authority and Circumstance Justifying Limiting Sources:

Authority Circumstance

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

FAR 8.405-6 (a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

FAR 8.405-6 (a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

FAR 8.405-6(b) Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

5. Rationale Supporting the Circumstance to Limit Sources: Due to the critical role software and updates must have a continued high rate of availability. The MS ELA provides access to the latest versions of Microsoft proprietary software, 24x7 technical support, planning services and end-user technical training at no additional cost. A Microsoft ELA is

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6. Best Value Determination: Based on the nature of the requirement, a request for quotation -Buy platform. Competition will be sought from all

Microsoft authorized resellers. In order to determine that the anticipated award 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 dor will be requested to provide any discounts and reductions 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.

7. Description of Market Research: Market research was conducted by working directly with Microsoft to obtain their approved list of Microsoft Authorized Resellers. Further market research revealed that the 6 resellers have GSA schedules. Under NAICS 513210 Software Publishers only one of the authorized resellers is designated as a small business in GSA which will require unrestricted competition.

8. Any Other Supporting Facts: N/A

9. Actions Taken to Remove or Overcome Barriers to Restricted Consideration: Based on the current IT infrastructure layout, brand name consideration is required. However, OPM will continue to monitor the IT industry for applications, solutions, and devices that may better meet federal government and agency requirements.

In accordance with FAR 8.405-6(b)(3), the subject justification will be published along with the Request for Quotation (RFQ

(See next page for approvals and signatures)

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10. Contracting Officer Certification:

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