FY20-00154_JEFO_Oracle CLM Suite signed.pdf

OPOAM 3016.505-90(a)(2)(iv) Justification for Brand Name Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(a)(4)

JEFO No. FY20-00154 Page 1

JEFO No.: FY20-00154

Date: May 26, 2020 PR Number: RUFO-20-00061

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security, Office of Procurement Operations, Departmental Operations Acquisitions Division (DOAD) prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved.

DHS/OPO intends to issue a delivery order for Oracle Contract Lifecycle Management (CLM), Financials, Purchasing, and Governance Risk and Compliance (GRC) software licenses on a limited competition basis. The specific FAR Subpart supporting this justification is FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer. The solicitation will be provided to multiple resellers via the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) multiple award IDIQ.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

This requirement is to obtain additional Oracle CLM, Financials, Purchasing, and GRC software licenses to complete the Financial Systems Modernization (FSM) TRIO program for the Transportation Security Administration (TSA), and the United States Coast Guard (USCG).

These software licenses will allow additional TSA and USCG user access to perform development, testing, integration and operations and maintenance functions for the TRIO FSM system currently being implemented. The CLM Licenses for this requirement for both TSA and USCG are to be acquired on an enterprise user count basis.

The estimated value of this requirement is $33,000,000.00 which includes licenses for TSA and USCG, and software maintenance support for the base 12-month period, and four optional 12-month periods of performance

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:

OPO intends to procure a brand name specification for Oracle CLM, Financials, Purchasing, and GRC software suites which is an application license peculiar to one manufacturer, and available

JEFO No. FY20-00154 Page 2 via multiple resellers under a multiple award IDIQ contract.. This particular brand name must be used as Oracle software licenses are the only software licenses compatible with Oracle software currently in place to modernize the Department’s financial, procurement and asset management software platform established for DHS initially under the legacy Interagency Agreement with the Department of Interior, Interior Business Center (IBC) as the selected Federal Shared Service Provider (FSSP) for the TRIO implementation, and as transitioned to the DHS hosting environment in FY2017. These brand name licenses represent the only technologically compatible licenses with the TRIO FSM licenses and applications that are already in use.

The Oracle FSMS system is currently in use to support the TRIO. This license purchase is needed to expand our user base for TSA and USCG. The only viable product to support this requirement are the Oracle software licenses. The FSM TRIO is an integrated solution that is already in progress. This requirement will add new users to the existing platform. Only the identified enterprise license support and user applications for the existing software can communicate with the currently installed Oracle software. Acquiring a different software would require the Department to initiate an entirely new Financial System Modernization and Implementation process based upon a separate software environment. Initiating a separate financial system implementation process from the beginning is not a realistic alternative.

Further, Oracle user application licenses would still be required in a transition from the in-process Oracle software environment to an alternative software.

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

The Contracting Officer has determined that the anticipated cost to the Government for these services is fair and reasonable. The price for these licenses is based on adequate price competition via the Best-in-Class (BIC) NASA SEWP contract vehicle. The prices established under the IDIQ price catalog are considered fair and reasonable. Additionally, competition among IDIQ contract holders will often result in additional discounted pricing.

According to the NASA SEWP website, the average discount off the catalog pricing is over 20%.

6. Any other facts supporting the justification.

None.

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.

This requirement for additional licenses is to support the in-process TRIO FSM program for TSA and USCG. There will continue to be a need to purchase licenses to support the FSM TRIO as long as these components use the system.

8. DHS intends to post this requirement on beta.SAM pursuant to FAR 16.505(b)(2)(ii)(D).

JEFO No. FY20-00154 Page 3

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.

Stacy Armstead Date Technical Representative/COR

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:

Cynthia Aki Date Contracting Officer

11. Approval

I hereby determine that the circumstance under FAR 16.505(b)(2)(ii)(C)(3) applies.

Victoria Short Date Head of Contracting Activity

Date: 2020.05.26 15:53:42 -04'00'