Attachment III 70Z07926QALD00002 Brand Name Justification_Oracle Java Universal SE Subscription Enterprise_Redacted.pdf

1 In this document, citations to RFO Parts 6, 10, 15, 16, and 25 are citations specifically to FAR Class Deviation 25- 11 for FAR Part 6, FAR Class Deviation 25-06 for FAR Part 10, FAR Class Deviation 26-08 Rev. 1 for FAR Part 15, FAR Class Deviation 26-04 Rev. 1 for FAR Part 16, and FAR Class Deviation 25-09 Rev.1 for FAR Part 25, which were issued as part of the Revolutionary FAR Overhaul (RFO), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Brand Name RFO 16.507-7

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by Federal Acquisition Regulation (FAR) 16.507-6(d)(2) (FAR Class Deviation 26-04 Rev.

11), this justification for an exception to fair opportunity is supported as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Command and Control, Communications, Computer, and Information Technology (C5I) Office of Contracting and Procurement (C5I-C1-3), located at 7323 Telegraph Road Alexandria, VA 22315 proposes to enter into a task order with an exception to fair opportunity.

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

(a) Nature of the action: USCG intends to procure on a competitive basis a Task Order (TO) for brand-name Oracle Java SE Universal Software Subscription and maintenance support, pursuant to RFO FAR 16.507-7-7, items peculiar to one manufacturer. (FAR Class Deviation 25-23 for FAR Part 16) restricting consideration to an item peculiar to one manufacturer TO solicitated amongst small business authorized and certified resellers of Oracle Java SE Universal Software Subscription on the National Aeronautics and Space Administration (NASA) Government-wide Acquisition Contract (GWAC) Solutions for Enterprise-Wide Procurement (SEWP) V, Groups B, C, and D with a period of performance from August 1, 2026, to July 31, 2027.

(b) Name and address of the contractor: To Be Determined

(c) Contract Type:

(d) Estimated total value (including options):

Period Duration Quantity Unit Price Total

Base Year

12 mo. 68,028

(e) Type of funding:

(f) Year of funding:

(g) Solicitation number: 70Z07926QALD00002

NASA SEWP obtained discounted item pricing for each offeror’s verifiable and/or published commercial list price. The Contracting Officer (CO) will seek further price discounts from vendors and make a separate determination as to the reasonableness of the awarded price. The Contracting Officer will also perform a price analysis to determine that the price at the time of award represents the best overall value for the Government and is fair and reasonable.

8. Description of Market Research. Market Research was conducted in April 2026 through reviewing mandatory sources, publicizing via the DHS APFS, and through a Request for Information posted to NASA SEWP on April 13, 2026. As this requirement is for Information Technology (IT) products and maintenance services, NASA SEWP V is listed as the DHS Strategic Sourcing Vehicle for use. The NASA SEWP market research tool was utilized to identify the authorized resellers of the brand name Oracle Java SE Universal Subscription and respondents to the posted RFI. Market research confirms that no other brand or product can provide the necessary updates, maintenance, or support due to the unique integration and customization of Oracle Java within USCG systems. Modifying the requirement would require extensive reconfiguration, risk system outages, and compromise national security and safety.

9. Other Facts Supporting the Use of Other Than Full and Open Competition. None

10. Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

There are no further practical considerations that can be taken at this time to eliminate the brand-name only restriction for these required software products due to the proprietary nature of the software subscriptions. As Oracle Java license subscription is currently being utilized by USCG, continued support is required for the foreseeable future. The availability of multiple resellers able to provide this brand-name requirements ensure competition. However, the Government will continue to conduct market research to identify changes in the marketplace that would allow unrestricted competition.

11. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of an exception to fair opportunity is accurate and complete to the best of my knowledge and belief.

Date

Contracting Officer

12. 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.