JA-R.docx

Purchase Request Number: F3ST951273GC01

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC) LIMITED SOURCES JUSTIFICATION

Justification for OTFAOC Number:

Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the statutory authority of Title III of the Federal Property and Administrative, Services Act of 1949 (41 U.S.C. §251, et seq.) and Title 40 U.S.C. §501, Services for Executive Agencies. The regulatory authority that applies to the requirement is FAR Part 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.

JUSTIFICATION

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

a. Requiring Office:

United States Transportation Command (USTRANSCOM), TCJ6 508 Scott Dr, Bldg 1961 Scott AFB IL 62225-5357

b. Contracting Office:

Defense Information Systems Agency (DISA) Defense Information Technology Contracting Organization (DITCO)/PL8321 2300 East Drive, Building 3600 Scott AFB IL 62225

2. NATURE/DESCRIPTION OF ACTION(S):

a. This justification and approval (J&A) is to procure Brand Name Microsoft Premier Support services with Support Account Management and Assistance for resolution of technical problems beyond the capabilities of the USTRANSCOM staff. This requirement is in support of Operations and Maintenance operations for USTRANSCOM. Services provide both proactive guidance to avoid system problems and reactive response efforts to resolve problems. The objective of this contracting effort is to provide continual maintenance while ensuring DISA customers receive uninterrupted, continuous access to their applications and data.

b. The nature of this action is to award a Firm-Fixed-Price (FFP) delivery order against the Department of Defense (DoD), Enterprise Software Initiative (ESI), Blanket Purchase Agreement (BPA) holder, Microsoft Corporation, a large business. The applicable North American Industry Classification System (NAICS) code is 541519. Fiscal Year 2012 (FY12) Operating funding is provided for the procurement of the base year under the Military Interdepartmental Purchase Request (MIPR) number F3ST951273GC01. The Period of Performance is for one year, 01 November 2011 through 31 October 2012. The previous coverage expired on 31 October 2011.

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. The required Microsoft Premier Support with Support Account Management and Assistance is an information technology software service support consisting of on-call engineering support and technical assistance for operating and maintaining proprietary Microsoft software products, including their full range of operating systems and applications. The support service will include:

(1) 24x7 technical assistance and engineering support for all Microsoft technologies. At a minimum 24x7 technical support will include:

a. 200 support assistance hours.

b. 40 U.S. national problem resolution support hours

c. 300 engineering platform technology support hours

(2) Response to mission-critical problems in one hour or less.

(3) Rapid escalation of critical support issues to appropriate levels for resolution.

(4) Rapid access to on-site support.

(5) Online access to full-version Microsoft software without time or feature limits for testing and evaluation purposes.

(6) Early access to Microsoft betas and service packs for pre-implementation compatibility testing.

(7) Access to Microsoft E-Learning courses.

(8) Access to on-line Microsoft IT Professional technology forums.

(9) Access to Microsoft knowledge base articles not available to the public, security bulletins, and critical problem alerts.

(10) An assigned (shared) technical account manager responsible for assisting organization technical personnel in proactively identifying and addressing potential problems related to Microsoft products before they occur in order to reduce the risk of computer system interruptions or outages.

(11) Capability to offer strategic advice and recommendation on deployment and operation of Microsoft technology solutions based on experience and knowledge of source code, testing, and identified compatibilities.

(12) Collaboration with 3d party software vendors to facilitate compatibility and integration into Microsoft environment.

b. The following is required for the support of Operations and Maintenance operations for USTRANSCOM:

- 200 Support Account Management and Support Assistance Hours

- 40 US National Problem Resolution Support Hours

- 1 TechNet Single User subscription

- 1 Onsite Resource Visit

CLIN: 2002AB

POP: 1 Nov 2011 - 31 Oct 2012

CLIN: 2004

POP: 1 Nov 2011 - 31 Oct 2012

CLIN: 2006AB

POP: 1 Nov 2011 - 31 Oct 2012

CLIN: 2027

POP: 1 Nov 2011 - 31 Oct 2012

4. IDENTIFICATION OF STATUTORY AUTHORITY and DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

a. This acquisition is conducted under the statutory authority of Title III of the Federal Property and Administrative, Services Act of 1949 (41 U.S.C. §251, et seq.) and Title 40 U.S.C. §501, Services for Executive Agencies. The regulatory authority that applies to the requirement is FAR Part 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.

b. The Microsoft operating system and source code is proprietary. Microsoft does not permit other companies access to their code. Therefore only Microsoft is capable of providing real time, on call incident and engineering support based on full understanding and access to the source code. This proposed procurement is the only known approach to provide active, qualified, on call support capable of addressing software specific challenges related to the proprietary software. Other qualified sources are not anticipated. This procurement represents the best value to the government by maintaining the organization’s multi-million dollar investment at a minimal additional cost.

c. Since 1993, USTRANSCOM has invested millions of dollars in Microsoft software operating systems and software applications. Historic documents are no longer available to determine USTRANSCOM’s total investment in Microsoft software at this point.

5. BEST VALUE DETERMINATION:

Best Value Determination will be determined with an order against a DOD ESI BPA using the procedures in FAR 8.405. DITCO has concluded that placing an order against this BPA represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs. Although General Services Administration (GSA), which the DOD ESI BPA is based, has already negotiated fair and reasonable pricing, the Contracting Officer will make a determination and finding that the prices are fair and reasonable based on solicited quotes received, comparison of negotiated prices, and a comparison of the Independent Government Cost Estimate (IGCE). Discounts from DoD ESI BPA pricing which has previously been determined to provide the Government with pricing advantages will be sought prior to award.

6. MARKET RESEARCH:

a. USTRANSCOM is constantly surveying the market to determine whether there are viable alternatives to using Microsoft on its desktops and servers. Market research reviews were conducted by the USTRANSCOM Enterprise Software Manger and the LAN Program Manger from August 2011 to December 2011 using independent information technology research, Internet, vendor literature, and interviewing technical representatives in USTRANSCOM and other DoD entities.

b. In order to sustain the current operational software configuration baseline, only the identified Microsoft software license products will satisfy the requirement. Market research has concluded there are no other viable solutions that meet the security needs or the functionality of the Microsoft Products. Market research information from the intial purchase is no longer available, as it was completed in 1993. Documentation and personnel involved in the original procurement are no longer available to provide information.

c. Market research reflects that this requirement can be solicited among the DoD ESI BPA contract holders. Microsoft is the only available DoD ESI BPA contract holder capable of bidding on this requirement.

7. ANY OTHER SUPPORTING FACTS:

a. DFARS Subpart 208.74 mandates the use of an ESI agreement whenever possible. An IDIQ contract issued by the Army CHESS office out of Fort Monmouth, NJ. Ordering against this specific vehicle is decentralized, which means any DoD contracting officer with a warrant can issue task orders against this Vehicle.

b. Replacing the Microsoft software with alternative software would generate an unnecessary cost to the tax payer in the tens of millions of dollars range to replace both the Microsoft software itself and to re-engineer business and Joint Deployment and Distribution Environment Command and Control Systems that are designed to operate in a Microsoft operating system environment.

c. Failure to procure this service will subject USTRANSCOM and the Joint Deployment and Distribution Environment to increased vulnerability to computer system interruptions and degrade information operations, maintenance and implementations. Disruption or degradation of Joint Deployment and Distribution Environment information operations would result in delayed or disrupted movement of critical military equipment and personnel to operations in support of the Global War On Terrorism (GWOT). These delays would directly degrade military operations and increase Department of Defense transportation costs.

8. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION:

a. Soliciting a quote for the purchase of Microsoft Support against the DoD ESI BPA is both encouraged and supported. The only requirement (because the Government is so heavily invested in the existing Microsoft software) is that the winning vendor be an authorized Microsoft reseller. Regardless, the Government will continue to search the marketplace. If the Government determines that Microsoft products are no longer required, the Government will seek full and open competition for the required functionality. USTRANSCOM is looking for ways to mitigate the use of existing proprietary code to remove barriers to competition. While circumstances do not currently permit full and open competition for this acquisition, the Government will continue to look for ways to use products that are available from multiple vendors.

b. The Government currently has a contract for Microsoft Premier Support Services. Award was made under the ESI BPA contract to Microsoft Corporation, a large vendor, utilizing a brand name, other than full and open competition. The period of performance is 01 November 2010 through 31 October 2011.

9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP) PROGRAM PLAN (PP):

An Acquisition Plan is not required at this dollar threshold.

TECHNICAL CERTIFICATION: "I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief." ((FAR 8.405-6)(c)(2)(x))

Signature: //signed//

Raymond Buzzard, Software Manager, USTRANSCOM/TCJ6-XI 779-3509, 12/9/2011

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REQUIREMENTS CERTIFICATION: "I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.” (FAR 8.405-6(c)(2)(x)).

Signature: //signed//

Audrey S. Davis, GS-13, IT Specialist, USTRANSCOM/TCJ6-XI, 779-2940, 12/9/2011

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CONTRACTING OFFICER CERTIFICATION:

“I certify that this justification is accurate and complete to the best of my knowledge and belief.” Since this effort exceeds $150K but does not exceed $650K, this certification serves as APPROVAL.” (FAR 8.405-6(c)(2)(ix) and FAR 8.405-6 (d)(1)).

Signature:

Tara D. Schmitt, Contracting Officer, DISA/DITCO/PL8321, 618-229-9485, 12/20/11

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