FairOppJustPT2079Redac.pdf

Justification for Exception to Fair Opportunity Brand Name FAR 16.505(a)(4)

1. Agency and Contracting Activity. The United States Coast Guard (USCG), Command, Control, Communications, Computer and Information Technology Service Center (C4ITSC), prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved. The USCG intends to award a competitively awarded Firm Fixed-Price (FFP) order issued under National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP), a Government-Wide Acquisition Contract (GWAC). Pursuant to FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacture, the USCG has a requirement to procure brand name specific Oracle licensing and maintenance support.

3. Description of Supplies/Services. The USCG utilizes Oracle licensed software on Coast Guard desktops and servers on CGOne and SIPR enterprise wide. The renewal of Oracle products for enterprise licensing maintenance support provides the Coast Guard software access to software upgrades, security patches, and access to technical support from the software vendor normally provided under maintenance/support. The order will include software licensing support for 476 various Oracle products for a total quantity of 7,369,863. The period of performance for this requirement will be from 08/01/2018 to 07/31/2019 with an estimated value of $ .

4. Identification of the Exception to Fair Opportunity. The statutory authority permitting exception to fair opportunity is FAR 16.505(b)(2)(i)(B). “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.” This requirement will be procuring items peculiar to one manufacturer on a brand name basis in accordance with FAR 16.505(a)(4).

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. The Contracting Officer determines that the anticipated cost will be fair and reasonable based on adequate price competition between two or more responsible offerors.

6. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

Oracle software is integrated throughout the USCG enterprise architecture. Oracle software provides various products that integrate Oracle database and software applications for desktops and servers for users throughout the Coast Guard. Only Oracle offers software support, patches, and updates through maintenance support of their products. Software upgrades, patches, and security updates provide critical fixes that affect system performance and are required for Oracle software to operate within the Coast Guard architecture. Failure to continue Oracle software support will expose the USCG enterprise architecture to security vulnerabilities, degraded system performance, loss of functionality or failure of applications, and the inability to sustain current operations. In addition, market research revealed that replacing the Oracle software with another software application will result in unacceptable delays and cost to the USCG. The downtime resulting from an infrastructure restructure will incapacitate end users and their ability to perform the USCG’s mission.

7. USCG intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D). In accordance with 16.505(b)(2)(ii)(D), the justification will be made publicly available.

8. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition. No sources expressed in writing and interest in the acquisition.

9. 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. Oracle is proprietary software in use on USCG networks. The availability of multiple vendors that can provide Oracle license and maintenance support under NASA’s SEWP ensures competition. The USCG will continue to seek competitively available Oracle products or other comparable products within the marketplace that could successful integrate with Oracle products.

10. 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.

Contracting Officer

11. Technical/Requirements Personnel Certification.

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

Date

12. Legal Review and Concurrence:

I have reviewed this justification and deemed it legally sufficient.

Date

APPROVAL:

Date