J&A_70Z03818QM0000017.pdf

Justification for Other than Full and Open Competition

Under 41 U.S.C. 1901

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Actian Ingres Software Follow-on 70Z03818QM0000017

Pursuant to the requirement of the authority of 41 U.S.C. 4901, as implemented by Federal Acquisition

Regulation (FAR) Part 13.5, Simplified Procedures for Certain Commercial Items, the justification for the use of the statutory authority is supported by the following facts and rationale required under FAR

13.501(a)(1)(ii).

(1) Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Aviation Logistics

Center (ALC), Information Systems Division (ISD), Elizabeth City, NC proposes to enter into a contract on a basis of other than full and open competition.

(2) Nature and/or Description of the Action being Approved.

The USCG has a requirement on a sole source basis to procure the Ingres Database Management software.

ALC intends to award a firm fixed priced contract for a period of one (1) year to the manufacturer of the

Ingres Database Management software, Actian Corporation, 500 Arguello Street, Redwood City, CA 94063.

The estimated value of the contract is $849,897 using Operating Expense funds.

This requirement is considered commercial in nature and will be procured utilizing the procedures established under FAR Part 12, Acquisition of Commercial Items in conjunction with FAR Subpart 13.5, Simplified Acquisition Procedures for Certain Commercial Items.

(3) Description of Supplies/Services.

The USCG, ALC currently utilizes the Asset Logistics Management Information System (ALMIS) to maintain its aviation and surface supply inventories, accounting/fiscal data, and the Electronic Asset

Logbook (EAL). ALMIS was created using Ingres Database Management software. This requirement is for the procurement of software licenses for 132 Enterprise (Ingres 10.2) hardware processing units (cores) for continued support of software licensing and maintenance already established and maintained by Actian

Corporation. The follow-on to the procurement of software licenses to use these Ingres processing units is essential to continue the ALMIS support.

(4) Identification of the Justification and the Rationale.

The statutory authority permitting other than full and open competition is 41 U.S.C. 1901 as implemented by FAR 13.5, Simplified Procedures for Certain Commercial Items.

(5) Demonstration that the Nature of the Acquisition Requires Use of the Authority Cited.

The USCG currently utilizes ALMIS to maintain its aviation and surface supply inventories, accounting/fiscal data, and the EAL. ALMIS was created using Ingres Database Management software.

Actian Ingres Database Management is necessary to ensure ALMIS users continue to receive crucial licenses, timely support and maintenance in support of unit mission. Actian Corporation is the proprietary owner of Ingres and is the only provider of the licenses and accompanying maintenance (See attachment 1).

There are other database management software applications commercially available, but using any of those other database management software applications would be a duplication of an existing system and would create a break in service. To change to a similar database would involve an estimated 10 developers for a 2-year period with a rough cost estimate of $2.7 million in addition to the cost of software licensing. The

Ingres software is currently the only software that is compatible with ALMIS.

(6) Description of the Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

This acquisition is forecasted in the DHS Acquisition Planning Forecast System (APFS), number

F2017038482 and can be found at https://www.apfs.gov. As a result of the posting of the APFS, there were no other responses.

In accordance with (IAW) FAR Part 5.2, a combined synopsis/solicitation will be posted on the

Government-wide point of entry (GPE) website, www.fbo.gov upon approval of this document. Any eligible contractor may submit a quotation. All responsible contractors will be considered, however, market research reveals that Actian Corporation retains all data rights to the Ingres Software Licenses.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be

Fair and Reasonable.

The Contracting Officer anticipates that the prices for this procurement will be fair and reasonable based on historical pricing previously determined fair and reasonable and a comparison to similar items. The

Contracting Officer will use this information to conduct price analysis and ensure pricing is fair and reasonable prior to award.

(8) Description of Market Research.

Market research was conducted IAW with FAR Part 10. Market Research was conducted within the last 60 days. Market research consisted of researching the historical pricing for the Ingres Database Management

Software. Actian Corporation controls the development of the Ingres Database Management software and makes certified binaries available for download, as well as providing worldwide support. Additional inquiries were performed on internet search engines and there are no other vendors who support the Ingres

Database Management software other than Actian Corporation. Actian Corporation has provided confirmation that they are the only source of supply for operational support of the Ingres Database

Management software (Attachment 1). This procurement was also forecasted in APFS. No other company has contacted the USCG to request information on the APFS entry.

https://www.apfs.gov/ http://www.fbo.gov/

(9) Any Other Facts Supporting the Use of Other Than Full and Open Competition.

As stated previously, the software to satisfy the USCG’s requirement is maintained by Actian Corporation as proprietary data, un-releasable to any third party without expressed written permission from Actian

Corporation. Actian Corporation has not expressed any desire to release this data to any third party.

(10) A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition

IAW with FAR Part 5.2, a combined synopsis solicitation will be posted on the GPE website www.fbo.gov, upon approval of this document. The combined synopsis/solicitation will state the Government’s intent to award one contract with firm fixed pricing on a sole source basis to Actian Corporation for Ingress Data

Base Software utilizing FAR part 12 and FAR subpart 13.5. All responsible sources may submit a capability statement, proposal or quotation, which shall be considered by the agency.

(11) A Statement of Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to

Competition Before Any Subsequent Acquisition for Supplies or Services Required.

Absent unrestricted access to the Ingres Software Database, there is little the USCG can do at this point to foster additional competition. An Actian Corporation Representative was contacted via phone on February

21, 2018 asking if Actian Corporation would be willing to release the data. Actian Corporation responded with the attached letter stating that Actian Corporation has not expressed any desire to sell the propriety information to a third party. There are no actions the USCG can take to remove or overcome barriers to competition for this requirement. . In the event Actian Corporation decides to release the Ingres Software, the acquisition may be pursued on a full and open basis. The USCG will continue to conduct market research and contacting Actian to make attempts to obtain data rights for future acquisitions.

http://www.fbo.gov/

(12) Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Ms. Catrina McDonald Date

Contracting Officer

(13) Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Ms. Angela Mizelle-Griffin Date

Technical Representative

(14) Legal Review and Concurrence:

I have reviewed this justification and deemed it legally sufficient.

LSC-ALC Date

Elizabeth City, NC

(15) COCO Review and Concurrence.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Mr. David S. Burgess Date

Chief of Contracting Office (COCO)

APPROVAL

Ms. Trena Mills Date

Command Procuring Activity

Competition Advocate (CPACA)