LSJ 23-103 Redacted_Redacted.pdf

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Attached to
NPC IBM Software Licenses Federal contract opportunity
Solicitation number
N00189
Issued by
Department of the Navy Naval Supply Systems Command

About this file

This document is a limited source justification for an award notice. The Bureau of Naval Personnel Command requires annual maintenance, support licenses, and additional licenses for IBM software applications to support the EMPRS personnel records system. The software includes IBM FileNet Content Manager, IBM Enterprise Records Foundation, IBM DB2 Enterprise Server Edition, IBM WebSphere Application Server Network Deployment, and IBM SPSS Statistics Premium. The justification for restricting consideration to IBM is that the software applications were designed for IBM products and any changes would require extensive retraining and system overhauls. The Navy conducted market research but determined no other products meet requirements. The contracting activity will be Fleet Logistics Center Norfolk, Philadelphia Office. The period of performance is from October 2023 to September 2028. The contracting officer will determine fair and pricing is fair and reasonable in accordance with FAR 15.404-1.

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Source Selection Information – See FAR 2.101 and 3.104

LSJ# 23-103

LIMITED-SOURCES JUSTIFICATION (above SAT)

1. Identification of Requiring Activity and Contracting Activity.

This is a Limited Source Justification. The requiring activity is Bureau of Naval Personnel

Command (BUPERS); the contracting activity is NAVSUP Fleet Logistics Center Norfolk, Philadelphia Office.

2. Nature and description of contract action.

This acquisition is conducted under the authority of the Multiple Award Schedule Program (Title 41 U.S.C. 152 (3) and Title 40 U.S.C. 501, Services for Executive Agencies). This is a limited source action anticipated to be awarded as a new firm fixed price order in accordance with General Services Administration’s (GSA) Federal Supply Schedules (FSS). The anticipated period of performance is from 01 October 2023 through 30 September 2024 followed by four consecutive 12 month option periods. The total estimated price, including option periods, is $ . The base period, in the estimated amount of is to be funded with FY24 OM&N funds, subject to the availability of funds. Options will be funded utilizing OM&N funds appropriate to the fiscal year in which the options are exercised.

3. Description of Required Supplies/Services.

The proposed acquisition is to purchase annual maintenance, support licenses and additional licenses on a brand-name basis for IBM (large business) software applications. The required products are listed below:

Part # Product Description Quantity

Annual Amounts

E0501LL

IBM FileNet Content Manager Authorized User Value Unit Annual SW

Subscription & Support Renewal 40

E0KEALL

IBM Enterprise Records Foundation Add-On Authorized User Value Unit

Annual SW Subscription & Support Renewal 40

E020CLL

IBM DB2 Enterprise Server Edition Processor Value Unit (PVU) Annual SW

Subscription & Support Renewal 2,160

E025SLL

IBM WebSphere Application Server Network Deployment Processor Value

Unit (PVU) Annual SW Subscription & Support Renewal 5,600

E066BLL

IBM Content Manager Authorized User Value Unit SW Subscription &

Support Renewal 703

E027NLL

IBM License Metric Tool Per Establishment Annual SW Subscription & 1

Support Renewal 1

E0LPZLL

IBM Daeja ViewONE Virtual Module for Permanent Redaction Authorized

User Value Unit Annual SW Subscription & Support Renewal 15

E01MKLL IBM Rational Application Developer for WebSphere 2

E09NVLL IBM SPSS Statistics Premium 1

4. Identification of the Justification Rationale and/or Demonstration of Contractor’s Unique Qualifications to provide the required supply or service.

The statutory authority which permits restricting consideration of schedule contractors to fewer than that required in FAR 8.405-1 is 41 U.S.C. 251, as implemented by FAR 8.405-6.

The justification for limiting sources is) FAR 8.405-6(b)(1) – The item is peculiar to one manufacturer.

The proposed requirement is for annual maintenance for IBM support licenses to enable BUPERS to continue using the EMPRS system, BUPERS ON LINE, and Selection Boards.

EMPRS is a 40 million dollar repository and retrieval system for all official military personnel files and records. BUPERS ON LINE is the official website for the retrieval of these records, and Selection Boards is the review process used to determine the length of career and promotional status for all members of the Navy. These programs were designed utilizing IBM software and hardware which are critical to system operations. Without this software the entire EMPRS system would be unable to function and would cause a work stoppage for Production, User Service's, Admin Change, BOL, and the Selection Boards which would directly impact the Fleet.

Impacts would likely violate Title 10 US Code for the Official Military Personnel File, and relegate our zero-defect, decision support system for Navy Selection Boards to an un-reliable status. Any change to existing research and/or business processes will incur additional expenses retraining both research and IT personnel. In accordance with FAR 8.405-6(b)(1), the IBM’s brand name software is essential to the Government's requirements and market research stated in paragraph 8 indicates products from other companies do not meet or cannot be modified to meet BUPERS needs.

5. Determination of the Best Value.

GSA has determined the prices of supplies of the schedule contracts to be fair and reasonable for the purpose of establishing the schedule contract. Per FAR 8.404(d) DEVIATION, GSA’s determination does not relieve the ordering activity contracting officer from the responsibility of making a determination of fair and reasonable pricing for individual orders. Therefore, ordering activities are responsible to make a separate determination of fair and reasonable pricing for individual orders, BPAs, and orders under BPAs. The Contracting Officer will determine, using the procedures in FAR 15.404-1 that the prices are fair and reasonable and will document such determination with a level of detail commensurate with the complexity and circumstances of each order. By placing an order against a schedule contract, the ordering activity contracting officer concludes that the order represents the best value to the Government.

6. Description of market research among schedule holders and the results or a statement of the reason market research was not conducted.

The requiring and contracting activities have conducted market research and determined multiple schedule contractors exist on GSA who are certified as authorized IBM product resellers including and robust competition is expected.

7. Any other facts supporting the justification. This procurement utilizes FSS and will be solicited and awarded in accordance with FAR Subpart 8.4.

8. Actions the Agency may take to remove or overcome barriers to competition.

Market research was conducted by NPC to see if the EMPRS customized environment can use any other software besides the brand name products identified in paragraph 3. Attempts to replace or modify the IBM software drivers embedded into the EMPRS IT environment have been unsuccessful. A massive overhaul to the EMPRS IT environment would need to be accomplished in order to consider the use of other software other than IBM. There are ongoing discussions within the Navy and NPC to modify EMPRS, but a massive change can only be achieved at a very high cost and over multiple years. There is no definitive plan to modify or replace EMPRS currently. Only IBM software identified in paragraph 3 can satisfy NPC’s requirement.

9. Contracting Point of contact. The point of contact at Fleet Logistics Center Norfolk, Philadelphia Office is or by e-mail at

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