Exception_to_Fair_Opportunity_-_Oracle_Java_v.2_(1)_Redacted.pdf

Source Selection Information – see FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 16.505(b)(2)(i))

Oracle Java Software Licenses and Maintenance NASA SEWP Contract Number: NNG15SCxxxx (TBD)

Order Number: TBD

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), Satellite and Information Acquisition Division (SIAD) and the line office National Environmental Satellite, Data, and Information Service (NESDIS), Office of Satellite and Product Operations (OSPO).

2. Nature and/or description of the action being approved.

This is a justification for an exception to fair opportunity for a new task order under the Indefinite Delivery, Indefinite Quantity (IDIQ) contract vehicle NASA SEWP. The planned order type is Firm Fixed Price. The procurement instrument identifier will depend on the awardee’s NASA SEWP Contract Number. The Government intends to solicit only sources which provide the brand name “Oracle Java”.

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

The requirement is for Oracle Java software licenses and maintenance subscriptions in support of OSPO. OSPO uses Oracle Java for data processing operations and production of mission critical data distribution products.

Table 1. Oracle Java Licenses

Product ID Product Description Metric Quantity

B90202 Java SE Advanced for Servers Processor 1,142

B90201 Java SE Advanced for Desktops Desktop 6,045

N/A Reinstatement Fee N/A 1 Total

Base Period: 02/01/2019 – 01/31/2020

4. Authority and supporting rationale. The following circumstance justifies limiting the source as supported below:

Only one brand name is capable - FAR 16.505(b)(2)(i)(B) and FAR 16.505(a)(4)– Only the brand name Oracle Java is capable of providing the supplies and services required at the level of quality required because the supplies and services ordered are unique or highly specialized.

(Insert PR/RFQ/BPA/Order number, as applicable)

Source Selection Information – see FAR 2.101 and 3.104

In accordance with the manufacturer guidelines, license support can only be provided by the manufacturer or an approved partner. The Oracle Java software is integrated, tested and is an integral part of the OSPO operational systems and the use of a different software product would require system modification, integration testing, funding and time. Therefore the use of a brand name description is essential to the Government’s requirements, for the Office of Satellite and Product Operations (OSPO) infrastructure data processing requirements, thereby precluding consideration of the products. NOAA NESDIS is the agency responsible for production of weather, climate, atmospheric and oceanic data products based on data acquired via satellites and the aforementioned Oracle Java licenses are crucial for continued operation of data processing for mission critical data distribution and products.

Market research performed by OSGS shows there are multiple resellers of the brand name licenses for Oracle Java. There are no brand name equivalent licenses or support available in the market place.

It is within the best interest of the Government to limit fair opportunity in order to acquire the required unique and highly specialized licenses and maintenance. Only contractors who provide the Oracle Java licenses and maintenance can meet OSGS’s requirement at the level of quality required and without unacceptable delays or substantial duplication of cost.

5. Determination by the ordering activity contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer anticipates receiving a fair and reasonable price based on the following:

a. NOAA expects adequate price competition between resellers of Oracle Java licenses and maintenance under the NASA SEWP contracting vehicle.

b. Oracle Java licenses are commercial products, and the licenses and maintenance have fixed prices that were found to be fair and reasonable by NASA at the time of contract award.

6. Any other facts supporting the justification.

None.

7. Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for supplies and services is made.

None.

(Insert PR/RFQ/BPA/Order number, as applicable)

Source Selection Information – see FAR 2.101 and 3.104