J A_FINAL_final_redacted_Redacted.pdf

LIMITED SOURCES JUSTIFICATION

GATES ORACLE UNLIMITED LICENSE AGREEMENT (ULA)

HTC711-14-F-D026

Control Number: 16-16

1. CONTRACTING ACTIVITY.

United States Transportation Command (USTRANSCOM), DPO Support Division, USTRANSCOM/TCAQ-DPO, 508 Scott Drive, Building 1900W, Scott AFB IL 62225-5357.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

USTRANSCOM/TCJ6 requires other than full and open competition for the acquisition of Oracle licenses and support. This action includes USTRANSCOM and its Component Commands, Military Surface Deployment and Distribution Command (SDDC), Air Mobility Command (AMC), Military Sealift Command (MSC) and Joint Enabling Capabilities Command (JECC) and is for the acquisition of Oracle software product licenses on an unlimited basis. An unlimited basis is defined as an unlimited number of licenses per product for the entire period of performance. The list of Oracle software products can be found in paragraph 3 below. This effort also includes Oracle software maintenance for new licenses and migration of existing Oracle software maintenance currently in place within USTRANSCOM, SDDC, MSC AMC, and JECC. The migration of maintenance is defined as the Oracle software maintenance that is currently in use by USTRANSCOM, SDDC, MSC, AMC and JECC. This existing maintenance will be incorporated into the proposed contract. All of the licenses to date are program specific within a specific Program Manager's organization and allows for sharing of information between all of the organizations under this agreement. Currently, each organization operates differently in the procurement of Oracle software licenses. The proposed action will expand the contract vehicle which will standardize the procurement of Oracle software licenses and maintenance across USTRANSCOM, SDDC, MSC, AMC and JECC.

This will be accomplished through a bilateral modification to the current GATES ULA contract HTC711- 14-F-D026 with Immix Technology, Inc. for a period of performance of nineteen (19) months. These nineteen (19) months consist of the remaining seven (7) months of option period 2 (1 March 2016 – 30 September 2016) and the final option year (1 October 2016 – 30 September 2017) of the GATES ULA.

Furthermore, Oracle will be extending the GATES ULA for ninety days (until 31 December 2017) for a nominal cost to provide the time necessary for all programs within USTRANSCOM and its components to take full advantage of the expanded ULA. Funds to be utilized are Transportation Working Capital Funds (TWCF).

3. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED MEETING THE AGENCY'S

NEEDS.

Oracle software licenses and maintenance are required for mission critical database supported programs within USTRANSCOM, SDDC, MSC, AMC and JECC. The Oracle software products list below is included in the GATES ULA which will be expanded to all of USTRANSCOM. This effort is estimated to be and will be awarded over the life of the contract for software licenses and maintenance.

WebLogic Server Management Pack Enterprise Edition Database Lifecycle Management Pack

Database Gateway for Sybase Audit Vault and Database Firewall (Bundled)

NOTE: These licenses are offered as perpetual processor-based licenses.

Oracle database management software is the only software that can meet the agency's requirement. The Oracle database software supports mission critical programs essential to USTRANSCOM when US geographic combatant commands, Services, other government agencies, and coalition partners require movement. Market research indicates similar products do not meet or cannot be modified to meet USTRANSCOM's needs. Oracle's software suite is a proprietary commercial-off-the-shelf product.

Oracle will not sell the source code so that competition may be fostered and another vendor could duplicate the software. Research has shown that the best terms, conditions, and pricing exist on the ESI BPAs written against GSA schedules. The GATES ULA order was competed amongst the four (4) DoD ESI authorized resellers as an item peculiar to one manufacturer under FAR 8.405-6(b).

4. AUTHORITY AND SUPPORTING RATIONALE AND A DEMONSTRATION OF THE

PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED

SUPPLY OR SERVICE.

FAR 8.405-6(a)(1)(i)(B) - Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Immix is the current contract holder of the GATES ULA which is restricted to the GATES program. As such, Immix in accordance with Oracle policy, is the only Oracle reseller who can modify this ULA CSI, Customer Support Identifier, to expand the scope to USTRANSCOM-Wide. If USTRANSCOM elected to create a separate contract for all of the Programs outside of the GATES Program, there would be two separate CSIs, two separate support periods of performance and separate payments for the same products.

Between certifications, USTRANSCOM would also need to ensure that software does not move between the current GATES-restricted ULA and the one covering the rest of USTRANSCOM (which would need to exclude the GATES Program). Oracle has stated that it will not allow two (2) separate USTRANSCOM ULAs for the same products as it increases the risk of certification inaccuracies. The Immix solution in a single ULA reduces the risk of certification inaccuracies, as all of the software is contained in a single Agreement/ULA/CSI and can be moved freely between USTRANSCOM Programs.

5. DETERMINATION BY THE ORDERING ACTIVITY CONTRACTING OFFICER THAT

THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH FAR 8.404(d).

This determination has been made by comparison of commercial product prices published in GSA Information Technology schedule contracts, which have already been determined to be fair and reasonable by GSA. Based on this approach, the Contracting Officer concluded that a fair and reasonable price is available.

6. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE

HOLDERS AND THE RESULTS OR A STATEMENT OF THE REASON MARKET

RESEARCH WAS NOT CONDUCTED.

Market research was conducted for the original GATES ULA and is still applicable to this acquisition.

7. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

The investment in Oracle to date does not only include cost of the software currently being utilized by the existing users, but more importantly in the interfaces within the various programs as well as connections to external applications (i.e., JALIS, GDSS, ACFP, TRANSVIZ, LOGBOOK, SMS, etc).

8. A STATEMENT OF THE ACTIONS, IF ANY. THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE.

USTRANSCOM will continue to research transitions to alternate software solutions and actively consider migration to a new system which may then be competed in the open market. USTRANSCOM is exploring the feasibility, time, effort and costs involved in migrating to a new software solution. Current estimations indicate that it will take at least two (2) to three (3) years to fully explore and prepare for a migration if deemed feasible.

9. THE ORDERING ACTIVITY CONTRACTING OFFICER'S CERTIFICATION THAT THE

JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING

OFFICER'S KNOWLEDGE AND BELIEF.

I certify that the justification is accurate and complete to the best of my knowledge and belief.

WILLIAM A. SCHLECKSER Date Contracting Officer

10. TECHNICAL OR REQUIREMENTS PERSONNEL CERTIFICATION.

I certify that the supporting data which form a basis for this justification are complete and accurate.

CHAD M. HARRIS, Lt Col, USAF Date Program Manager, Command, Control, Communications and Cyber Systems

CONTRACTING ACTIVITY: United States Transportation Command DPO Support Division

USTRANSCOM/TCAQ-DPO

508 Scott Drive, Building 1900W, Scott AFB IL 62225-5357

PROGRAM/PROJECT: GATES Oracle Unlimited License Agreement (ULA)

AUTHORITY: FAR 8.405-6(a)(1)(i)(B)

ESTIMATED CONTRACT COST:

TYPE OF J&A (Class or Individual): Individual

REVIEW AND APPROVAL:

TERESA M. FRANCOEUR DATE

Chief, Distribution Process Owner Support Division

Office of the Staff Judge Advocate DATE

JEFFERY T. BEYER DATE

Chief, Business Support & Policy Division

MICHELLE M. MENDEZ DATE

Competition Advocate