JOFOC-_FBO.pdf

SOLE SOURCE JUSTIFICATION FOR SIMPLFIED ACQUISITIONS

FAR Part 13.501(a)(1)(i)

1. Identification of the agency and the contracting activity:

In accordance with Federal Acquisition Regulation (FAR) 13.501(a)(1)(i) and in accordance with 41 U.S.C. 1901, the Office of Acquisition Management proposes to award a purchase order on the basis of other than full and open competition for Oracle database licenses set for Intel architecture (12 cores) and Oracle VM and Oracle Linux support services set for the National Police of Ukraine (NPU) on behalf of the Bureau of International Narcotics and Law Enforcement agency (INL) at U.S. Embassy Kyiv, Ukraine.

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

Firm-fixed price contract for the procurement of Oracle database licenses and Oracle Linux support services for the National Police of Ukraine.

3. A description of the supplies or services required to meet the Department’s needs.

The requirement is to provide Oracle database licenses and Oracle Linux support services for the National Police in Ukraine. The database licenses and support services are required to effectively manage central database for all police units in Ukraine.

INL/Kyiv is actively supporting the reform and restructuring process of the National Police of Ukraine. INL/Kyiv has supported the stand up and development of the Patrol Police of Ukraine, National Police Special operation unit “KORD”; and newly restructured investigative units of the National Police: Strategic Investigations Department (SID) and Counter Narcotics Department (CND), as well as other National Police units. Within these projects, INL Ukraine’s assistance to the NPU covers effective recruitment and training, and provides specialized equipment to address complex security challenges in Ukraine and on its borders, including combating organized crime, and illicit trafficking.

4. An identification of the statutory authority permitting other than full and open competition:

This acquisition is conducted under the authority of 41 U.S.C. 3304 as implemented by FAR 13.5 and substantiated by the following: FAR 13.501(a)(1)(i) – Brand Name Acquisition.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action require use of the authority cited.

The Ministry of Internal Affairs of Ukraine has been using Oracle database software for more than 13 years. As a result, the National Police of Ukraine has been using the same Oracle database software since its establishment in 2015 to support the functionality of critical police systems and services (ARMOR, TSUNAMI, Orion etc.). As a result, the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine IT personnel is familiar and experienced only with the Oracle database software. Installation of other developer’s database software will require additional training of personnel, which will increase the cost and time required to implement new software. There is also a problem with the personnel outflow at the National Police of Ukraine related to training of IT personnel – upon successful completion of any IT related training officers become more demanded on the market and leave law enforcement agencies seeking higher payroll at private companies. Moreover, installing database software of other developer will cause issues with compatibility of existing information stored at the National Police of Ukraine database, as well as will drastically increase the cost and implementation time causing unacceptable delays. Only the Oracle brand of the database will satisfy government’s needs.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, include whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

This JOFOC will not be posted on FedBizOpps since exemption FAR 5.202(b) due to DOSAR 605.202-70 applies. This JOFOC will be publicized with the solicitation.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Fair and reasonable pricing will be determined by Competition.

8. A description of the market research conducted (per FAR Part 10) and the results or a statement of the reason market research was not conducted.

A preliminary market research conducted by the INL Office, Kyiv, Ukraine, revealed that the required Oracle database licenses and Oracle VM and Oracle Linux support services may be provided by several local suppliers that correspond to special requirements. As a result of the market research, we couldn’t find any other database software that will allow for smooth and swift transition of information from existing police database to a new server. Moreover, as set out in Part 5 hereof, market research showed that installation of database software of other developer would require additional trainings for the National

Police of Ukraine personnel. It should also be noted that approximately 95% of governmental agencies in Ukraine use database software supplied by Oracle. Only the Oracle brand of the database will satisfy government’s needs.

9. Any other facts supporting the use of other than full and open competition such as:

None

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

None.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION AQM QA Plan I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

SIGNATURE:

{original signed} {original dated}

Stephanie Holmes Date INL Director U.S. Embassy Kyiv, Ukraine

LEGAL SUFFICIENCY REVIEW; AQM QA Plan This J&A is hereby determined to be legally sufficient.

SIGNATURE:

{original signed} {original dated} Dennis J. Gallagher Date Legal Adviser Office of the Legal Adviser, Buildings and Acquisitions (L/BA)

CONTRACTING OFFICER CERTIFICATION AQM QA Plan I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

SIGNATURE:

{original signed} {original dated}

David A. Cubitt Date Contracting Officer Office of Acquisition Management

(A/LM/AQM – RPSO-FR)

APPROVALS

Kenneth Mamba Date Branch Chief

RPSO

DIVISION DIRECTOR

Vince J. Chaverini Date Division Director

PROCURING ACTIVITY COMPETITION ADVOCATE

Vincent J. Sanchez Date Competition Advocate