J_A_WebLogic_Maintenance.pdf

JUSTIFICATION FOR OTHER THAN FULL &OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity Customer Agency Department of Labor Department of Labor Mine Safety and Health Administration Mine Safety and Health Administration (MSHA) 130 I Airport Road. Program Evaluation and Information Resource(PEIR) Beaver, WestVirginia25813 Information Technology Center (ITC)

PO Box 25367 One Denver Federal Center Building 25, Second Street Denver, Colorado 80225

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

A base plus 4 option year contract for continued software maintenance of the Oracle WebLogic Server Management Pack Enterprise Edition.

The period of performance is 09/24/2018 -09/23/2019 with four option years 09/24/2019 — 09/23/2023.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY'S

NEEDS (Including the Estimated Value):

The mission of the Mine Safety and Health Administration (MSHA) is to administer the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act) and to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents; to reduce the frequency and severity of nonfatal accidents; to minimize health hazards; and to promote improved safety and health conditions in the Nation's mines.

The critical business processes of MSHA are heavily dependent upon its Information Technology (IT) resources. The MSHA Standardized Information System (MSIS) is a mission critical system that provides an integrated one- stop information management support for enforcement activities conducted to achieve MSHA's mission in protecting the safety and health of the nation's miners.

Performance management, service level management, configuration management and lifecycle management of IT assets are critical to supporting MSHA's mission. Improved technology reduces manual support methods, automation eliminates time consuming manual processes that can be error prone, improves better detection of system issues before downtime occurs, better adherence to IT compliance requirements through improved configuration management tools and improved tools for rapidly cloning environments for lifecycle management of software.

MSHA has purchased the Oracle WebLogic Server Management Enterprise Edition software for use. The purchase included 1 year of software maintenance. In order to continue utilizing the software, a software maintenance agreement is needed. This service will provide updates and support for this software to support MSHA's mission goals.

Estimated value of order including option years is $96,534.50.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

The authority permitting acquisition of this requirement by other than full and open competition is 41 U.S.0 1901 in accordance with 13.106-](b)(1)(i):Only one responsible source.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUSITION REQUIRES USE OF

THE AUTHORITY CITED:

MSIS has been utilizing the WebLogic Server and added the Oracle WebLogic Server Management Pack Enterprise Edition to our software environment in September 2017. In order to continue the software's use, the maintenance agreement for WebLogic Server Management Pack must be maintained. Software updates and support for technology issues are critical to meeting the Agency's goals.

6. A DESCRIPTION OF EFFORTS TO OBTAIN COMPETITION TO ENSURE THAT

OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE

PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES:

Market research has been conducted. Oracle WebLogic Server Management pack is the brand name for software. However there are several vendors that will provide the software maintenance.

As required by 5.102(a)(6) the contracting officer shall include with the solicitation a copy of the Justification. The procurement action shall be conducted via FedBid with posting to FBO.gov as required due to the dollar value of the procurement.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNEMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer will make a determination of fair and reasonableness prior to Award.

8. A DESCRIPTION OF MARKET RESEARCH CONDUCTED (PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED:

Market research was conducted using multiple vendors who could potentially supply the software maintenance. VIII. Methods utilized to conduct Market Research included querying government, business, search engines; search GSA/PSS (GSA Advantage); and Internet searches. Four vendors were found to meet the requirements: Oracle, Copper River Information Technology, Mythics, Inc., DLT Solutions, LLC.

9. ANY OTHER SUPPORTING FACTS SUPPORTING THE USE OF OTHER THAN

FULL AND OPEN COMPETITION:

10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION:

NIA

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED:

There are no known barriers at this time. Acquiring these services is in the best interest of the Federal Government and this acquisition when measured against other alternatives present the best value to the Federal Government at this time.

The program office will also monitor the commercial market place for other brands that can meet MSHA's needs and increase competition.

12. SIGNATURE BLOCKS:

The program/technical official further certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.

TECHNICAL 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.

i ~ / ,~ Signature:_~~,~;, ~£ ;~~ . ;~~~~' Date 8/20/2018

Type Name: Ron Medina

Title: COR, IT Specialist

CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature~i~1G•+~— w ' t~~t'l~^ Date ~ —ol'~ ~~~

Type Name: ~~~d(CL~ I~ . (~ ~ rtc l~S Title: l_ f~ ~G~t~ L ~~ ~l ~~ e.-1

APPROVAL

Based on the foregoing justification, I hereby approve the procurement under an other than full and open competition basis pursuant to the authority of 41 U.S.C. 3304(a)(1) as implemented by FAR 6302-1(a)(2)(ii) and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: _ _ _ _ _ _ _ _ _ _ _ Date:-------------

Type Name: Carl V. Campbell

Title: Competition Advocate, OASAM