Sole_Source_80-16_Redacted.pdf

Version – MAY 2016 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: This procurement is for Microsoft Premier Services to Joint Interagency Task Force South (JIATFS), Key West, Florida

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: $259,575.00

Reviews: I have reviewed this justification and find it adequate to support a sole source.

80-16

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: 410th CSB Regional Contracting Office Joint Interagency Task Force South (JIATFS) NAS Key West, Florida

2. Description of Action: JIATFS J6 requests a follow-on firm-fixed price contract with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052. The Government projects award during the month of September 2016 using Operations and Maintenance, Army funds.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

This action is follow-on to contract W912PX-13P-0022. That contract was not competed under authority10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

Paragraph, “Actions to Increase Competition” of the previous justification, stated: No action can be taken to increase competition because performance of the services require access to proprietary Microsoft Intellectual Property and only Microsoft employees have this necessary access. Under these circumstances, no opportunity exists to increase competition. However, we will continue to survey the market if and when future requirements are developed to determine if technical solutions exist that will provide fair opportunity to other interests. It is anticipated that Microsoft Premier Services Support will become available on CHESS again in FY2014.”

Those actions were accomplished by posting a Sources Sought on FBO on 22 April 2016. Only one response was received from New Tech Solutions, Inc. Microsoft Premier Specialist, Tina Lawrence confirmed New Tech Solutions is an authorized reseller on GSA, but they will use a Microsoft technician in addition to charge a fee to administer the contract. See attached previous Justification and Approval 70-13.

3. Description of Supplies/Services: JIATFS J6 intends to procure Microsoft Premier Services to include 150 Support Account Management and Support Assistance Hours (TAM), 100 US National Problem Resolution Support Hours, 50 Designated Support Engineering Hours, and one (1) Onsite Resource Visit. The contract will be issued for base period of 12 months and two 12-month options as follows:

Base Period: 21 September 2016 to 20 September 2017 Value: $ 79,958 Option Period 1: 21 September 2017 to 20 September 2018 Value: $ 86,354 Option Period 2: 21 September 2018 to 20 September 2019 Value: $ 93,263

Total: $259,575

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

Sole Source

5. Reason for Authority Cited:

a. The C4I Systems Directorate continues to have a recurring requirement for services to support and maintain enterprise-wide systems running a broad range of integrated Microsoft applications on multiple networks. The Microsoft Premier Support contracts W91QUZ-09-D-0038, W912PX-12-P-0020, and W912PX-13-P-0022 were awarded non-competitively due to Microsoft does not license any of its source code to third party vendors. Resellers lack the capability to perform Microsoft Premier Support services due to lack of access to Microsoft intellectual property and will charge a fee to administer the contract.

b. Microsoft Premier Support (MPS) will allow JIATF South to continue effective and successful mission operations. The technical support and on-call expertise will insure JIATF South C4I Systems Directorate operational objectives are fully met and unimpaired by technical failure, software compatibility and secure architecture issues.

Failure to have this service will adversely impact critical mission applications and basic support of essential Microsoft software products.

6. Efforts to Obtain Competition: A Sources Sought on FBO on 22 April 2016. Only one response was received from New Tech Solutions, Inc. Although they are an authorized reseller, they will charge a fee to administer the contract with Microsoft.

7. Actions to Increase Competition: No action can be taken to increase competition because performance of the services require access to proprietary Microsoft Intellectual Property and only Microsoft employees have this necessary access. Under these circumstances, no opportunity exists to increase competition. However, we will continue to survey the market if and when future requirements are developed to determine if technical solutions exist that will provide fair opportunity to other interests.

8. Market Research: A Sources Sought on FBO on 22 April 2016. Only one response was received from New Tech Solutions, Inc. Although they are an authorized reseller, they will charge a fee to administer the contract with Microsoft. Army CHESS no longer have the capabilities to meet our requirements. DISA Microsoft Enterprise Technical Support Services (METSS) contract offered Microsoft Premier Services also under sole source procurement. A review of GSA and FBO websites revealed the requirements for Microsoft Premier Support services remain not only at JIATFS, but throughout the DoD, i.e. US Southern Command, US Army Intelligence and Security Command, Air Force District of Washington, etc. all have requirements for Microsoft Premier Support Services under sole source procurements.

9. Interested Sources: See paragraph 2 above. To date, no other sources have written to express interest in the acquisition.

10. Other Facts: Previous Microsoft Premier Support contracts W91QUZ-09-D-0038, W912PX-12-P-0020, and W912PX-13-P-0022 were awarded non-competitively due to Microsoft does not license any of its source code to third party vendors.

11. 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.

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using price analysis from comparison with historical prices and the independent Government estimate. Certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.