70Z03822QM0000014 - JA (Redacted).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. § 1901

70Z03822QM0000014

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR subpart 13.5 are used.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Aviation Logistics Center (ALC), Aviation Logistics Division (ALD) in conjunction with the Information Systems Division (ISD), prepared this justification for other than full and open competition.

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

(a) Nature of the action: The ALD Procurement Branch requests approval to solicit and award, on a sole source basis, a purchase order for Ingres Database Management Software subscription renewal for use at ALC.

The Original Equipment Manufacturer (OEM) for the software is Actian Corporation.

(b) Name and address of the contractor:

Actian Corporation 2300 Geng Rd Suite 150 Palo Alto, CA 94303

CAGE Code: 4AZL1

(c) Type of action: Firm-fixed priced purchase order, consisting of a one-year period of performance, will be issued for the identified software license.

(d) Estimated total value (including options): broken down as follows:

Period Total

Base Year 12 mo.

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2022

(g) Solicitation number: 70Z03822QM0000014

(h) Background information about the requirement: The USCG intends to award a firm fixed priced purchase order, consisting of one (1) year to the manufacturer of the Ingres Database Management software, Actian Corporation. 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 Commercial Items.

The USCG currently has a purchase order awarded to Actian Corporation for Ingres Database Management Software subscription renewal. The purchase order number is 70Z03821PM0000004 in the amount of

. This software subscription renewal is an annual requirement.

Item Item Description Quantity Unit Estimated Unit Price

Estimated Extended Price

1 OR-RUN-USR Openroad Runtime Client

150 EA

2 OR-DEV-USR

OpenROAD Client Developer

4 EA

3 ACTX-TEST-DB-XCORE

Actian X Test Multi-Core

22 EA

4 ACTX-DB-XCORE Actian X Multi-Core

48 EA

5 ACTX-DR-DB-XCORE Actian X Multi-Core Disaster Recovery Cold Standby

44 EA

6 OPP-SRV-ACTIANX-24X7

Actian X Operational Services 24X7 Support

1 EA

TOTAL ESTIMATED COST

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 150 Enterprise (Ingres 11.2) hardware processing units (cores) for continued support of software licensing and maintenance already established and maintained by Actian Corporation.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C 1901

(c) as implemented by FAR 13.501 (a), Sole source (including brand name) acquisitions.

5. Identification of Exception to the Buy American Act.

The software license identified in this procurement is exempt from the Buy American Act in accordance with FAR 25.103(e).

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

(a) The use of 41 U.S.C. 1901 is necessary because Actian Corporation is the software

OEM and only USCG approved source for this requirement.

(b) 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. A break in service could potentially cause ALMIS users the inability to get crucial licenses and the inability to monitor supply inventories. Actian Corporation is the proprietary owner of Ingres and is the only provider of the licenses and accompanying maintenance.

(c) Alternative sources could not be considered due to Actian Corporation being the software OEM and only USCG approved source for the identified software license.

(d) A lapse in contractual coverage, even if for a brief period of time, would result in the software license to expire and future use of the software would not be possible without the procurement of a new license. This would lead to a lapse in USCG systems communicating and sharing documents, resulting to a stand-still in USCG operations.

(e) The exemption at FAR 51.203(b)(2) is not taken.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

a) This procurement was forecasted in the DHS Acquisition Planning Forecast

System (APFS) No. F2022057988 and included in the DHS Forecast of Small Business Opportunities. There were no inquiries received in response to the published APFS.

b) In accordance with FAR 5.230(a)(2), the proposed contract action will be advertised on the Contract Opportunities website at sam.gov as a sole source combined synopsis/solicitation. The estimated date of publication is 3 August 2022.

c) The exceptions under FA 5.202 do not apply to this requirement.

d) The exceptions under FAR 6.305 do not apply to this requirement.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer anticipates that prices for this procurement will be determined fair and reasonable based on comparison to previous prices paid (FAR Subpart 13.106-3(a)(2)(ii)), comparison to the Independent Government Cost Estimate (IGCE) (FAR Subpart 13.106- 3(a)(2)(vi)), and to similar services in a related industry (FAR Subpart 13.106-3(a)(2)(iv)).

9. Description of Market Research. In accordance with FAR Pat 10, various methods of market research were launched for this requirement.

(a) Market research was conducted from April through July 2022 and consisted of Internet searches and utilizing General Services Administration (GSA) Advantage. A review was conducted of the Asset Maintenance Management Information System (AMMIS) database history. Existing DHS-wide and multi-component contract vehicle with DHS Strategic Sourcing Program Officer and/or on DHS Enterprise-Wide contract Vehicle Portal were reviewed and determined out of scope for this procurement.

A sources sought notice was not issued for this requirement due to the proprietary nature of the Actian Ingres software license. After conducting extensive market research, through the methods identified and detailed in the market research report, it was determined that this requirement shall be posted as sole source to Actian Corporation.

(b) This J&A requirement does not include the exceptions at FAR 25.103(b)(2) or FAR

25.202(a)(2) for the Buy American Act.

(c) Market research has been conducted.

(d) This requirement does not have no requires patents, copyrights, and/or intellectual property.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

a) The USCG does not own the necessary technical data required to support the

Enterprise (Ingres 11.2) software in this requirement. The technical data is proprietary and available only from the OEM.

b) 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.

c) This requirement is not a follow-on for the continued provision of highly specialized services pursuant to FAR 6.302(1)(2)(iii).

d) Not applicable to FAR 6.302-2(d) or HSAR 3006.3020270. This is not considered unusual and compelling urgency.

11. 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.SAM.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 Database Management 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.

12. A Statement of the 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 during the market research phase and was asked if Actian Corporation would be willing to release the data. Actian Corporation responded with the attached letter stating that Actian Corporation is the only authorized supplier of the Ingres Software at this time. There are no actions the USCG can take to remove or overcome barriers to competition for this requirement. ln 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.