10 SOPS Oracle Brand Name JA_r 1 (1).pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

SOURCE SELECTION SENSITIVE

March 2023 SOURCE SELECTION SENSITIVE Page 1 of 4March 2023 SOURCE SELECTION SENSITIVE Page 1 of 4

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: >SAT and < $750K > $750K and < $15M

Contracting Activity: 50th Contracting Squadron, 210 Falcon Parkway, Suite 2116, Schriever SFB, CO 80912-5006

Purchase Request / Local ID Number: F3R1A04157A001

Program / Project (and PE, if applicable): 10 SOPS MUOS Oracle Servers

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): $ Justification Type: Class Individual

COORDINATION ( AFFARS 5306.304(a)) Sign and Save Procedure

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APPROVAL (AFFARS 5306.304(a) )

Date

29 Jul 2024

Contracting Officer SSgt John Hughes

50 CONS/PKB 719-567-7291

Signature

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 SOURCE SELECTION SENSITIVE Page 2 of 4March 2023 SOURCE SELECTION SENSITIVE Page 2 of 4

I. Contracting Activity.

50th Contracting Squadron, 210 Falcon Parkway, Suite 2116, Schriever SFB, CO 80912-5006

II. Nature and/or description of the action being processed.

Delta 8/10 SOPS is responsible for the operations and maintenance of the Mobile User Objective System (MUOS) Military Satellite Communications (MILSATCOM) constellation and associated ground systems, including the Satellite Control Network (SCN), the Integrated Satellite Control System 3.1 (ISCS 3.1). Current Oracle servers and Network Attached Storage currently cannot support required Information Assurance upgrades. In order to maintain current operating levels and comply with Information Assurance polices, 10 SOPS has a requirement to procure new Oracle servers and Network Attached Storage able to support the Solaris 11.4 Operating System. The servers and Network Attached Storage will be located at 10 SOPS HQ at Point Mugu, CA and Detachment Delta (DET D) at Schriever SFB, Colorado. This is a new requirement for name-brand Oracle hardware for 10 SOPS. This will be a firm fixed-price contract using 3410 funds.

III. Description of supplies/services required to meet agency needs.

This is a brand-name requirement for Oracle hardware. The following commodities are being purchased:

CLIN 0001: One (1) EA - MFG Model#: 7112913 SPARC S7-2 server: model family CLIN 0002: One (1) EA - MFG Model#: 7603930 Oracle ZFS Storage ZS9-2 TAA-compliant: ATO model family CLIN 0003: One (1) EA - MFG Model#: 7113123 Oracle Storage Drive Enclosure DE3-24P: base chassis (for factory installation) CLIN 0004: Two (2) EA - MFG Model#: 7113718 SPARC T8-1 server: model family

IV. Statutory authority permitting other than full and open competition.

DAFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Oracle has proprietary rights and copyrights on all Oracle devices. Only Oracle can satisfy this requirement to be compatible with existing software. This requirement is for hardware from Oracle, thus the hardware and existing software must be compatible. Non-Oracle hardware would not serve the needs of the exisiting software. The servers must be compatible in all aspects with existing systems which are also Oracle Servers on the network. Taking into consideration the costs required for purchasing additional network infrastructure, engineering services, continued maintenance support and the cost of man-hours required to perform the migration of data and new engineering, it is neither cost effective nor in the best interests of the USSF to procure an alternate solution.

Only Oracle servers are compatible with our existing system, which is based on Oracle products at Headquarters and three detachment locations (Det D in Schriever, CO; Det A in Prospect Harbor, ME; and Det C in Finegayan, Guam.) Procurement of another solution would require a complete overhaul of the entire network to utilize compatible equipment throughout the network. Furthermore, the MUOS workstations on the operations floors are virtualized machines using Oracle Sunray thin clients which only work with Oracle Solaris servers as their backbone. Additionally, our network uses OS COMET as the Telemetry, Tracking, and Commanding (TT&C) software which has been integrated via software drivers to interface with the Oracle equipment on our network. Procurement of another solution would require a complete re-write of all software drivers, would take thousands of hours of software engineering and coding

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 SOURCE SELECTION SENSITIVE Page 3 of 4March 2023 SOURCE SELECTION SENSITIVE Page 3 of 4 and would incur substantial duplication of cost to the Government that is not expected to be recovered through competition and would induce unacceptable risk to an operational network responsible for conducting TT&C on $5 billion worth of on-orbit assets.

Solaris 11.4 can be loaded on generic x86-64 or SPARC-based systems from various vendors however, procurement of any other solution other than Oracle, would require replacing existing Oracle T-8, and S-7 servers at our Headquarters, Det A and Det C locations as well as replacement of all MUOS virtualized desktops in the 10 SOPS operations floors at headquarters and Detachment Delta. Additionally, procurement of any other solution would require a complete re-write of all existing software drivers that interface with our TT&C software (OS COMET) requiring thousands of software engineering man-hours for developing, coding and testing of new drivers. It would also induce an unacceptable amount of risk to the operational network and extend the timeline of conducting this technical refresh by years.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Oracle hardware must be purchased from Oracle Authorized Partners only. Oracle has proprietary rights and copyrights for all Oracle hardware. There are vendors such as Dynamic Systems, Mythics, Affigent, and FCN that have previously demonstrated interested in capability in Oracle requirements. An informal RFI was emailed to Dynamic Systems, Mythics, and FCN. These businesses were emailed because they were identified in market research based on previous acquisitions as able to provide the brand name Oracle. They were asked to provide their interest and capability in providing the hardware listed in Section III. When asked about this specific hardware requirement, Dynamic Systems and Mythics responded with written interest and capability. At least two quotes are expected due to the positive response from Dynamic systems and Mythics. To ensure most competition, this solicitation will be posted on SAM.gov and small businesses offering the same NAICS will be notified.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Competition is expected due to two affirmative responses to an informal RFI. Two prices would provide competition and data for the Contracting Officer to make a best value determination based on price and technical acceptability.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research was conducted by asking Oracle for a list of authorized resellers of Oracle hardware. Nine large businesses were provided. Three large businesses (FCN, Dynamic Systems, Mythics) were contacted with a Request for Information including the list of the five hardware commodities. Two positive responses were acquired from Dynamic Systems and Mythics stating their interest and capability in quoting on this brand-name requirement.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

No further facts.

X. List of any sources that expressed, in writing, an interest in the acquisition.

Dynamic Systems and Mythics has expressed interest and capability in fulfilling this requirement.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 SOURCE SELECTION SENSITIVE Page 4 of 4

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

Continued searches for available products of this kind (through market research and requests for information posts) to determine if the capabilities are able to meet the Government's requirements.

Technical publications, trend guidelines, Air Force regulations and instructions as well as conferring with industry so that future actions may be solicited without a brand name restriction will be made if possible. As new trends formulate within production, the Government will continue to inquire about these devices, and research ways to develop, test and integrate them if possible. The contracting officer will work with the mission partners on future requirements to verify the market and industry changes to determine if this requirement is still a brand name requirement.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Remove the Guidance pages below.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items March 2023 Page of International Agreement Competitive Restrictions (IACR) March 2023 Page of NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Funding level for this acquisition:

Authority:

Justification Type:

COORDINATION ( AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

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APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the funding level selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

II. Nature and/or description of the action being processed.

III. Description of supplies/services required to meet agency needs.

IV. Statutory authority permitting other than full and open competition.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

X. List of any sources that expressed, in writing, an interest in the acquisition.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template

I. Contracting Activity. (FAR 6.303-2(b)(1))

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2))

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (FAR 12.207 and DFARS 212.207).

An individual Justification cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate Justification prior to option exercise or the Justification supporting the basic contract must be a Class Justification. For Class Justification situations (covers more than one contract) where the number of contracts in the class can be identified: (1) Provide a brief general description of actions; (2) identify the supplies and services that are being acquired; and (3) for each contract in the class identify the contractor, estimated value, type of contract and rationale for contract length, and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired, the total estimated value of the acquisition - including options (provide cost estimate by year and, for class Justifications, by contract action), and the estimated delivery dates/periods of performance If commodities are being procured, provide quantities. All contract line items (CLIN) -- e.g., technical data, support equipment, support services, etc. -- should be listed. If all of the ancillary requirements associated with a particular item are not specifically described in the Justifications, those ancillary requirements cannot be included in the resulting contract and would require a second Justification. Also, state the type of appropriation (e.g., 3010, 3400) that will be used to fund each requirement listed.

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements.

In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated Justification dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4)) V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority). (FAR 6.303-2(b)(5)) Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies.

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 3204) VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)] XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

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