A02-JA-19-07-173_Redacted.pdf

Control No: JA-19-07-173

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: The contracting activity responsible for this action is the United States Army Medical Research Acquisition Activity (USAMRAA) at 820 Chandler St., Ft.

Detrick, MD 21702.

2. Description of Action:

Nature: ☒ New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☐ Purchase Order Number ______________________________

☐ Blanket Purchase Agreement (BPA) Number ______________ ☐ Order/BPA# _______ against FSS Contract #______________ ☐ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ ☐ Order #_______ against a single award IDC Contract #______ ☐ Modification # ______ to existing PO/TO/DO/Call Order #____

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours ☐ Cost Reimbursable ☐ Hybrid

Funds: ☐ Operations & Maintenance, Army (OMA) ☒ Other Funds: __R&D____

FY: 19

Name of Proposed Contractor(s) and Address:

DocuSign Government at Carahsoft 1860 Michael Faraday Drive Suite 100 Reston, VA 20190

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies: The Pilot Bioproduction Facility (PBF), Center for Enabling Capabilities, Walter Reed Army Institute of Research (WRAIR) is requesting approval of a brand name only Firm Fixed Price (FFP) award for DocuSign Government. DocuSign Government is an electronic signature cloud-based software system to assist with electronic document sending and signing. It is Food and Drug Administration (FDA) Code of Federal Regulations Title 21 Part 11 and FEDRAMP compliant. It will provide access to documents that are strictly controlled based on PBF requirements for each document. Unauthorized personnel cannot access documents for which they do not have permissions.

Base Period: 15 SEP 2019 to 14 SEP 2020 Option Period 1: 15 SEP 2020 to 14 SEP 2021

Option Period 2: 15 SEP 2020 to 14 SEP 2021 Option Period 3: 15 SEP 2020 to 14 SEP 2021 Option Period 4: 15 SEP 2020 to 14 SEP 2021

4. Authority:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

The PBF requires a product that is FEDRAMP compliant and meets all FDA regulations.

DocuSign is the only product that meets these requirements. In addition to this the DocuSign allows for simultaneous editing of documents for authorized users. It provides access to documents that are strictly controlled based on PBF requirements for each document. Unauthorized personnel cannot access documents for which they do not have permissions. Document data and audit trails are protected while at rest. There must be validation of the sender and the receiver. Documents sent are not mutable either erroneously or without an audit trail. The system has a minimum of 99% uptime/access of product.

DocuSign is the only brand that can meet all of the minimum essential characteristics required by the PBF. These characteristics are crucial and required for the work conducted at the PBF. DocuSign Government at Carahsoft is the only provider of this software. Carahsoft is also the exclusive distributor of this version of DocuSign.

However, multiple distributors are capable of providing a FEDRAMP-compliant version of DocuSign with all of these capabilities by acquiring it through Carahsoft’s partner ecosystem. Therefore, this is a brand name only product for DocuSign with multiple possible distributors.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☐ do not apply due to the $ threshold, ☒ apply and will be followed, or ☐ do not apply due to an exception at 5.202

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A) ☐ Action is NOT a brand name restriction and is under $150K, no posting required ☐ Action is a brand name restriction, under $25K, no posting required ☒ Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

☐ Action is a brand name restriction over $25K but will not be posted due to exception:

☐ FAR 6.305(f) ☐ FAR 8.405-6(b)(3)(iii)(A)

☐ FAR 8.405-6(b)(3)(iii)(B) ☐ FAR 8.405-6(b)(3)(iii)(C) ☐ FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research was conducted on 30 May 2019 through multiple internet search engines to find other vendors capable of providing this subscription.

DocuSign was the only product that could meet the needs of the Government. Market research determined that only Carahsoft was capable of distributing the DocuSign product though it can be distributed through Carahsoft to other vendors.

8. Other Facts: Not applicable

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon adequate price competition for this brand name only requirement.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a brand name only action is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.