JEFO_Brand_Name_Exceeding_SAT TIBCO redacted.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. FY20-00322

JEFO No.: FY20-00322

Date: September 1, 2020 PR Number: RUIM-20-00159

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 (DHS), Office of Procurement Operations (OPO) on behalf of the Office of Biometric Identity Management (OBIM), proposes to issue a task order with brand name specifications for TIBCO Software Maintenance on a basis of other than full and open competition. This document provides a description of the basis for “Justification for an Exception to Fair Opportunity” pursuant to 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.

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

DHS/OPO intends to award a task order/delivery order under NASA SEWP for the procurement of maintenance for TIBCO software license. Pursuant to FAR 16.505(a)(4), only one awardee is capable of providing the supplies required at the level of quality required because the supplies ordered are items peculiar to one manufacturer.

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

Office of Biometric Identity Management (OBIM) has TIBCO Perpetual Enterprise Licenses and Annual Silver Level Maintenance for existing products that are currently operational within the Automated Biometric Identification System (IDENT) production and non-production environments in support of the OBIM’s Information Technology Division (ITD) but require TIBCO BW/Administrative extended support software versions that have reached End of Life (EOL) and for which TIBCO no longer provides routine support. TIBCO ActiveMatrix BusinessWorks (TM) is TIBCO's flagship Enterprise integration offering. Deployed by thousands of customers worldwide, it serves as an integration foundation for mission critical IT environments. Powered by a next-generation foundation that includes an Eclipse-based design-time, powerful process engine and a modular OSGI-based run-time, BusinessWorks 6 enables developers to create new services, orchestrate business processes and integrate applications in the shortest time possible.

Maintenance for TIBCO software licenses. The IGCE for this effort is $13,429,807.00. The period of performance is September 30, 2020 – September 29, 2023.

Base Year 9/30/2020-3/31/2021 $2,254,968.00 Option Period 1 4/1/2021-9/29/2021 $2,254,969.00 Option Period 2 9/30/2021-9/29/2022 $4,459,935.00 Option Period 3 9/30/2022-9/29/2023 $4,459,935.00

Total $ 13,429,807.0 0

Product name License Type Unit TIBCO BusinessEvents Enterprise Ed. (Dev) (Named User) Enterprise TIBCO BusinessEvents Enterprise Ed. Non-Prod Enterprise TIBCO BusinessEvents Enterprise Ed. Prod Enterprise TIBCO ActiveMatrix Service Grid Dev Enterprise TIBCO ActiveMatrix Policy Director Non Prod Enterprise TIBCO Service Performance Manager Non Prod Enterprise TIBCO ActiveMatrix Policy Director Prod Enterprise TIBCO ActiveMatrix BusinessWorks Dev Enterprise TIBCO ActiveMatrix BusinessWorks Non Prod Enterprise TIBCO ActiveMatrix BusinessWorks Prod Enterprise TIBCO Enterprise Message Service Dev Enterprise TIBCO Hawk Non_Prod Enterprise TIBCO Hawk Prod Enterprise TIBCO Service Performance Manager Prod Enterprise TIBCO Hawk SNMP Adapter Prod Enterprise TIBCO Hawk SNMP Adapter Non_Prod Enterprise TIBCO BusinessWorks Enterprise ProdPlus Enterprise TIBCO BusinessWorks Enterprise DevTest Enterprise TIBCO ActiveMatrix Service Grid Non-Prod Enterprise TIBCO ActiveMatrix Service Grid Prod Enterprise TIBCO Enterprise Message Service Prod Enterprise TIBCO Spotfire Analyst ProdPlus Enterprise TIBCO Spotfire Consumer ProdPlus Enterprise TIBCO Spotfire Business Author ProdPlus Enterprise TIBCO Spotfire Statistics Services ProdPlus Enterprise TIBCO Spotfire Server ProdPlus Enterprise TIBCO Enterprise Message Service Non-Prod Enterprise

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 TIBCO in accordance with FAR 16.505(a)(4). The exception is based on FAR 16.505(b)(2)(i)(B), only one source is capable of providing the TIBCO because the TIBCO is unique or highly specialized and is a brand name item peculiar to the Original Equipment Manufacturer (OEM). The brand name must be used because Office of Biometric Identity Management (OBIM) has TIBCO Perpetual Enterprise Licenses and Annual Silver Level Maintenance for existing products that are currently operational within the Automated Biometric Identification System (IDENT) production and non-production environments in support of the OBIM’s Information Technology Division (ITD) but require TIBCO BW/Administrative extended support software versions that have reached End of Life (EOL) and for which TIBCO no longer provides routine support. DHS network architecture, maintenance platforms, and configuration systems require the use of this product to ensure interoperability with other DHS systems at all data centers. TIBCO must be configured in accordance with DHS OCIO system architecture requirements.

TIBCO ActiveMatrix BusinessWorks (TM) is TIBCO's flagship Enterprise integration offering. Deployed by thousands of customers worldwide, it serves as an integration foundation for mission critical IT environments. Powered by a next-generation foundation that includes an Eclipse-based design-time, powerful process engine and a modular OSGI-based run-time, BusinessWorks 6 enables developers to create new services, orchestrate business processes and integrate applications in the shortest time possible

Department of Homeland Security, Office of Biometric Identity Management (OBIM) conducted market research in March 2020 and the results of the market research indicates that similar products lack the particular feature(s) required and do not meet, or cannot be modified to meet, the needs of DHS. Being that TIBCO software is the only software that is compatible with IDENT, none of the other products are able to interconnect and function with current DHS IDENT networks architecture, maintenance platforms, and configuration. NASA SEWP and First Source II were reviewed to determine what was available in the marketplace.

As a result, DHS strategic source contract vehicle, FirstSource II and NASA Sewp Group C were considered for award as no mandatory sources listed under FAR 8.002 or FAR

8.003 were deemed capable to meet DHS’s requirement. FirstSource II is a DHS-Wide vehicle for a full range of IT commodities, solutions, and value-added reseller (VSAR) services to support DHS business units in accomplishing their assigned missions, however its expires 3/31/2021. Due to the First Source II contract expiring on 3/21/2021 it would impact the period of performance of the delivery order because of shortened time periods and no option years, which would result in higher cost. NASA SEWP generate cost savings by leveraging the buying power of DHS and its components, ultimately resulting in 1) the best prices for the Government; and, 2) to support the DHS small business program by issuing this procurement as a set-aside. This acquisition, as a NASA Sewp Group C competition among small business vendors for IT products, meets both of the stated goals of NASA SEWP. The acquisition will be competed among the multiple awardees within a given socio-economic category, thereby providing DHS with competition to drive prices down even further. As the individual software items sought come under brand-name TIBCO, DHS is seeking the acquisition of these items from authorized re-sellers. Each brand name item sought originates from the brand name manufacturer of said product. Thus, the price point for all re-sellers originates from the common base-line price point offered by the brand name manufacturer of each brand name product. A competitive commercial marketplace would likely provide for fair and reasonable pricing given competition among resellers.

Other products that may be available will not be able to interconnect and function with current DHS network architecture, maintenance platforms and configuration. All products are considered commercial. Procuring an alternate product other than TIBCO will require complete infrastructure replacement with a significant increase in cost. This involves purchasing and configuring the new equipment, changing control boards, implementation, change control boards for removal of old hardware.

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

The Contracting Officer has determined that issuing the proposed order for TIBCO products represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. DHS will solicit competition from authorized TIBCO resellers tp ensujre a fair price. If the Government were to pursue the acquisition of equivalent product to replace functionality provided by TIBCO, the efforts would result in extensive research, functional testing, and development efforts to re-engineer the IDENT system components, followed by certification testing that would take twelve to eighteen months to complete and is estimated to cost $14,667,842.91 in addition to $5,836,175.89 for the purchase of new licenses.

6. Any other facts supporting the justification. DHS will have to purchase and configure new equipment, change control boards for removal of old hardware, and implement.

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.

The Agency may not overcome barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies is made. The TIBCO products are

JUAN I ARRATIA ARRATIA

Digitally signed by JUAN I

Date: 2020.09.15 14:47:41 -04'00' embedded throughout the IDENT system components and directs the transactions through the system enforcing data sharing policies and ensuring privacy is maintained.

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

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.

Digitally signed by ROBIN M BROWN Date: 2020.09.15 13:25:18 -04'00'

Robin M. Brown Date Technical Representative/COR

10. Contracting Officer Certification and/or Approval *

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:

KERRI B WILLIAMS Digitally signed by KERRI B WILLIAMS Date: 2020.09.15 13:35:50 -04'00'

Kerri B. Williams Date Contracting Officer

11. Procuring Activity Advocate for Competition Approval

Pursuant to FAR 16.505(b)(2)(ii)(B)(10), I hereby determine that the circumstances in FAR 16.505(b)(2)(i)(B) for an exception to fair opportunity exist.

Juan Arratia Date Procuring Activity Advocate for Competition

ROBIN M BROWN