Attachment_3.1__JEFO_No._19-0313_Redacted.pdf

Justification for Brand Name Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(a)(4)

JEFO No.: FY19-0313 2

4. Identify the exception to fair opportunity and supporting rationale. Only one awardee is capable of providing the supplies required at the level of quality required because the supplies ordered are unique or highly specialized pursuant to FAR16.505(b)(2)(i)(B) and is an item peculiar to one manufacturer:

USCIS intends to procure a brand name delivery order for Oracle software and hardware maintenance support in accordance with FAR 16.505(a)(4)(i). The exception is based on FAR 16.505(b)(2)(i)(B), only one source is capable of providing the supplies because they are unique or highly specialized, and are a brand name peculiar to the original equipment manufacturer (OEM) and its authorized resellers. Only one manufacturer is capable of providing the required maintenance for Oracle software and hardware because Oracle maintenance is proprietary to the OEM.

USCIS currently owns perpetual licenses for Oracle products. USCIS is required to receive maintenance support for all its Oracle software and hardware, including: Databases, Golden Gates, Business and Siebel solutions, and software packs and hardware equipment for the USCIS Oracle portfolio. Currently, the agency maintains over 100 Terabytes of Oracle Database with an expected footprint growth in FY2019. Maintenance support for Oracle software and hardware maximizes efficiency and helps increase bandwidth available at all USCIS offices. Oracle software and hardware maintenance support significantly boosts and enhances file sharing, web, email, voice and video services performance, and helps mitigate the risk of disruption to OIT’s infrastructure operations.

The software maintenance support being acquired will include software updates and patches;

and the Oracle hardware maintenance will include upgrades to hardware, telephonic technical support for hardware configuration, and replacement of hardware parts when necessary. Based on market research, it has been determined that only Oracle or authorized resellers can offer the required Oracle maintenance support. Oracle software and hardware maintenance support must be acquired from a licensed Oracle reseller in order to receive assistance from Oracle to resolve technical problems for its products.

Oracle components are designed to work together and are interoperable. The introduction of different manufacturer appliance components - such as Tableau, Mongo DataBase, Salesforce, or Informatica, do not guarantee interoperability with the existing USCIS architecture or maintenance. In addition, even if other manufacturer’s products and maintenance could be modified to be compatible with USCIS’s existing Oracle software and hardware (which is not possible for proprietary reasons), such products do not provide the degree and broadness of capability and functionality that Oracle offers and that is required by USCIS complex data enterprise. No other manufacturer can provide Oracle maintenance except Oracle or its authorized resellers.

Finally, USCIS requires Oracle maintenance support to keep its current software and hardware functional and performing effectively and efficiently. Without on-going Oracle maintenance support, USCIS will be at risk for more cyber-attack exposure, and will experience product

JEFO No.: FY19-0313 3 degradation, latency, and gaps in service. Also, Oracle maintenance rights provide access controls for USCIS privileged users at the IT enterprise level. Replacing the capability of Oracle would result in additional costs, such as equipment repurchase, software engineering and testing that could not be recovered through competition.

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

The contracting officer anticipates receiving multiple responses to the solicitation. Utilizing the price analysis techniques described in FAR 15.404-1(b)(2), the contracting officer will compare competitively proposed prices received in response to the solicitation, as well as comparisons of proposed prices with pricing information found in published price lists and the Independent Government Estimate (IGE), to determine price reasonableness. The contracting officer anticipates that the cost to the government for this procurement will be fair and reasonable.

6. Any other facts supporting the justification.

There are no additional facts cited supporting this justification.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

Barriers to competition may be removed or overcome if USCIS seeks to replace its entire Oracle based software and hardware platform. OIT technical personnel are aware of the commercial marketplace, and as new potential solutions emerge, USCIS will be able to determine if alternate solutions exist for cost effective changes. The government will continue to seek competition from re-sellers in future acquisitions for the same type of support, thus, eliminating the barriers to competition.

8. USCIS will provide a copy of this justification with the solicitation to all FSII HUBZone contract holders, pursuant to FAR 16.505(a)(4)(iii)(A)(2).

JEFO No.: FY19-0313 4

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Date

10. Contracting Officer Certification

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

11. Approval

Pursuant to FAR 16.505(b)(2)(ii)(B)(10), I hereby determine that the circumstances in FAR 16.505(b)(2)(i)(B) for an exception to fair opportunity exist.