Adobe Acrobat Pro Licenses 65286686JA

United States Department of Agriculture

Justification for Other than Full and Open Competition

Federal Acquisition Regulation (FAR) Part 6.3

Control No. (if applicable) 12639523P0012

Identification of the agency and the contracting activity. 

Mission Area Name

USDA/DM/OCP/POD

301 S. Howes St, Ste. 321

Fort Collins, Colorado 80521

Contracting Activity

USDA/APHIS/MRPBS

250 Marquette Plaza Ste 410
Minneapolis, MN 55401

The nature and/or description of the action being approved.

The United States Department of Agriculture (USDA), Office of Contracting and Procurement (OCP) has a requirement for Adobe Acrobat Pro Licenses ( 65286686JA ) for 4,500 users  and need to award  a sole source award under the 8(a) program, in accordance with FAR  19.808-1(c) under the authority of 41 U.S.C. 3304(a)(5)

The Proposed Awardee is:

                       

Wolftek Mission Group LLC    

SAM ID:  DVB4FP2XNLJ5   CAGE:  91U93

13900 LINCOLN PARK DR

STE 150

HERNDON, VA 20171-3265

POC:  Marc Otterback

703-298-6310

Marc.Otterback@Wolftek.com

SBA 8(a) Case Number: C00scd

SBA 8(a) Entrance Date: 03/18/2022

SBA 8(a) Exit Date: 03/17/2031

A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Line 001 - Adobe Acrobat Pro Enterprise Term License- Per User         3500ea @ 52.85 = $ 184,975.00

Period is - 12 Months    65286686JA

Line 002 - Adobe Acrobat Pro Enterprise Term License- Per User         1000ea @ 52.85 = $ 52,850.00

Period is - 12 Months    65286686JA

Total $ 237,825.00

The statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1, titled "Only one responsible source and no other supplies or services will satisfy agency requirements."

And

41 U.S.C. 3304(a)(5) - subject to section 3105 of this title, a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source, or the agency’s need is for a brand-name commercial product for authorized resale

 A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority. 

According to Mina Pham .  the Account Adobe Executive responsible for USDA Marketing Regulatory Program’s Adobe needs;  “ there’s an enterprise agreement set up through WolfTek with pre-negotiated pricing and terms. In addition, CEC is managing Adobe licenses through an Admin Console they’ve set up and deployment is managed via Named User Deployment (NUD) through the Active Directory. Therefore this requirement cannot be advertised for competition due to the fact that if another reseller  were to win a contract, Adobe would have to quote  the USDA Agricultural Marketing Services (AMS)  and  Animal Plant Health Inspection Services (APHIS)  Feature Restricted Licensing (FRL) which would be harder to manage than NUD “. 

USDA IT Department Specialist Jesse Fleury stated the licenses have to be purchased from the 8A (WolfTek/Raventek) otherwise they won’t be included under the USDA/MRP licenses currently under U.S. Department of Agriculture Market Regulatory Program Services Contract
12314422C0027 

 A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.  

 Initially a Request For Quote solicitation was published on   SEWP V Request ID# 251443 but was cancelled after receipt of emails from Mina Pham. the Account Adobe Executive responsible for USDA Marketing Regulatory Program’s Adobe needs and USDA IT Department Specialist Jesse Fleury

For reasons stated in item#5 no further efforts were made to solicit from any other potential sources

 A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. 

Price reasonableness was accomplished  by comparison of  commercial  prices for the same item when and where  both the validity of the comparison and the reasonableness of the price(s) could be established.

Please see below. These links show Adobe and CDW pricing for the same licensing which is available to the general public. The published price from the Adobe website is $22.19/license/month which is $266.28/license/year. CDWG has it listed on their website for $209.99. 

Total cost would be $ 266.28 x 4,500 users = $ 1,198,260.00

Total cost would be $ 209.99 x 4,500 users = 944,955.00

USDA Pricing through Wolftek Mission Group LLC   4,500 users  @ $ 52.85ea = $ 237,825.00

https://www.adobe.com/acrobat/pricing/business.html  

https://www.cdw.com/product/adobe-acrobat-pro-dc-enterprise-licensing-subscription-new-1-user/4333507

 A description of the market research conducted and the results or a statement of the reason Market Research was not conducted. 

Cursory online search for pricing for Adobe Acrobat Pro Licenses ( 65286686JA )

 Any other facts supporting the use of other than full and open competition. 

    SAM.gov Sole Source Notice PR1081772  published 10/07/2022 and  closed  10/21/2022

 A listing of the sources, if any, that expressed a written interest in the acquisition. 

1 Response

Gregory D. Holliday

Special Assistant to the Associate Director (OLAO)

11545 Rockville Pike

10 Floor, Room T10-E16

Rockville, MD 20852

Voice: 301-435-2428

Mobile: 301-339-3111

Email: Hollidg@od.nih.gov

http://olao.od.nih.gov/office-acquisitions

  A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

For reasons previously stated in item#5;  No further actions will be taken at this time to remove any barriers to competition.