myPers Bridge 2 JA_Redacted.pdf

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myPers OSvC
Solicitation number
FA701421C0021
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Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION (CUI)

March 2020 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 1 of 5March 2020 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 1 of 5

Was a J&A approved for the preceding acquisition? Yes No

! ! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at AFFARS 5302.101? Yes No

Dollar Value of this Acquisition:

Contracting Activity: Air Force District of Washington, 1500 W Perimeter Rd Joint Base Andrews, MD 20762

Purchase Request (if available):

Program / Project (and PE, if applicable): myPers OSvC Bridge and FAR 52.217-8 Extension

Program Type (PEO, Enterprise, of Operational): Enterprise

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION ( AFFARS 5306.304(a))

APPROVAL ( AFFARS 5306.304(a))

March 2020 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 2 of 5March 2020 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 2 of 5

I. Agency and Contracting Activity.

Air Force District of Washington 1500 West Perimeter Rd, Ste 5750 Joint Base Andrews, MD 20762

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

This sole source justification is to establish a new Firm Fixed Price (FFP) bridge contract with Oracle America, Incorporated (Oracle) to provide a Customer Relationship Management (CRM) platform and software license.

III. Description of supplies/services required to meet agency needs (including the estimated value).

Oracle currently provides 15 Agent Cloud Seat licenses, 20 Collaboration Seat licenses, 3,600 Agent Console licenses, Oracle Service Cloud Hosting Services, and maintenance in support of the myPers Customer Relationship Management (CRM) software under the subject contract. The services provided by Oracle are one of the few platforms able to provide case management operations in an approved FedRAMP IL-4 commercially-owned DoD environment. Through this bridge contract the vendor will be required to provide the services as outlined in the current contract's Contract Line Item Number (CLIN) structure for a period not to exceed (NTE) 2 years. This period includes the 12-month base year, a 6-month option period, plus the option for a 6-month extension in accordance with (IAW) Federal Acquisition Regulation (FAR) clause 52.217-8, Option to Extend Services. The total estimated value of the contract, including the 6-month option period and the 6-month extension, is and will utilize appropriation code 3400, Operations and Maintenance (O&M) funds.

The proposed 12-month base year of the contract will have a period of performance from 1 June 2021 to 31 May 2022 at an estimated price of , with the following CLIN structure:

A 6-month option period-1 will have a period of performance from 1 June 2022 to 30 November 2022 at an estimated price of , with the following CLIN structure:

The contract will also include an option to extend the contract up to an additional 6-months IAW FAR clause 52.217-8. This option will enable the performance period to extend from 1 December 2022 up to 31 May 2023 at an estimated price of

March 2020 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 3 of 5March 2020 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 3 of 5

IV. Statutory authority permitting other than full and open competition.

10 USC 2304(c)(1), as implemented by FAR 6.302-1, and required by FAR 6.303-2(b)(4).

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

The current FFP 12-month contract, awarded to Oracle on 1 June 2020, was a new sole source contract to allow sufficient time to build a timeline for migration of the critical services into a new contract's platform as directed by the The contract prior to that was a new sole source contract managed by GSA. It included a 12-month base year plus 2 option years and was awarded 1 Dec 2016. GSA sole sourced the award, as Oracle was the only Cloud provider with an approved CRM Software as a Service (SaaS) Federal Risk and Authorization Management Program (FedRAMP) Impact Level (IL) 4 platform. A FedRAMP IL-4 platform was necessary to provide the required security and continuous monitoring of myPers.

Due to the services are only available from one source, Oracle. Oracle holds exclusive rights to include intellectual property, software, and licenses for the Oracle Cloud storage platform on which the myPers application resides. Oracle possess federal sector small business preferred partners (Platinum Partners) which are capable of providing the required Oracle Cloud infrastructure. However, It would take longer than one year to compete and award a contract to another vendor, which would result in unacceptable delays to the Air Force's mission requirements.

Delays of this nature would involve disruption in service and render the myPers platform and many associated applications inaccessible.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

The market research report for the current contract, FA701420C0024, was relied on as follows:

A notice of Intent to Award Sole Source was posted to beta.SAM.gov 8 April 2020. This notice closed 13 April 2020

March 2020 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 4 of 5March 2020 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 4 of 5 without any responses. Enterprise Software Initiative (ESI) is a DoD mandatory vehicle for software and software services. The acquisition team had a discussion with the enterprise software license manager for ESI to gain a better understanding of potential sources for this requirement. The team discovered the subject Oracle Cloud Enterprise Software License Agreement (ESLA) had expired and the new ESLA was not finalized. Contact was made with Oracle to determine if they had any authorized resellers of this particular product. Oracle confirmed they did have Platinum Partners they do business with but, due to the proprietary nature

The contracting office also posted a sources sought notice on beta.SAM.gov from March 16-19, 2021 and no responses were received. A second sources sought notice was posted to GSA eBuy under Category MAS 518210C which has 262 vendors. This notice was also posted from March 16-19, 2021 and no responses were received.

Mythics, a small business listed as an Oracle Platinum Partner on ESI was included as a vendor on GSA eBuy under Category MAS 518210C where the sources sought notice was posted. Mythics did not reply and an email was sent to Mythics directly to determine interest and capability but, again, they Government did not receive a reply.

After consideration of the aforementioned information, it was determined there were no other viable sources to solicit other than Oracle who could meet the security and other aforementioned requirements by the end of the current contract's period of performance ending 31 May 2021.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Independent Government Cost Estimate (IGCE) was developed utilizing historical data . The anticipated proposal (for the entire 18 month period) by Oracle, once received by the Government, will be negotiated to determine pricing fair and reasonable.

The Contracting Officer will review the contractor's proposed pricing and any price reductions offered. The determination of fair and reasonable pricing will be made by the Contracting Officer IAW FAR 15.404-1(b)(2). A comparison of the proposed pricing with the current contract's prices, prices found reasonable on previous purchases, the IGCE as well as commercial price lists, procurement history (e.g. current contract pricing) and other available pricing information will be utilized. Certified cost or pricing data will not be required since this acquisition is for commercial items, however, the Government reserves the right to request "Data other than certified cost and pricing data" to determine the price fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, IAW FAR Part 10, was conducted by synopsis of the initial proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

None.

X. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VI above.

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XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The subject requirement will no longer exist in its current form at the end of this contract period

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

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