Narrative.pdf

Request For an Individual Waiver of the Nonmanufacturer Rule

IN ACCORDANCE WITH FAR (FAR 19.505(c))

(1) A definitive statement identifying the specific product for which you’re requesting the waiver

Agency: U.S. Department of Housing and Urban Development (HUD)

451 7th Street SW, RM 5184

Washington, DC 20410

Contracting Activity: Office of Chief Procurement Officer, Headquarters

Program Office: Office of the Chief Information Officer (OCIO)

JAVA Licenses and Maintenance for the Oracle Service Oriented Architecture software suite to provide a stable and consistent Oracle platform for testing, development and operational use of applications

(2) An explanation addressing why the specific item is required. The Department of Housing and Urban Development (HUD) has a need to obtain Oracle and Java Licenses currently covered under Contract Number 866152320F00005. The Oracle and Java licenses were originally procured in FY20 to support HUD Headquarters and HUD’s other government corporation mission requirements. The Oracle SOA licenses are perpetual (valid indefinitely). To update or upgrade the licenses an annual support and maintenance contract from Oracle is required.

➢ Solicitation Number: 86615424R00013

➢ NAICS Code: 541519-Other Computed Related Services

➢ Estimated Dollar Value: $26,182,005.69

Brief statement of the procurement history:

This is not a new requirement. This is a re-procurement. The incumbent is Emergent LLC Award

No. NNG15SC10B/86615320F00005. The previous requirement was awarded to small business restricted to limited authorized resellers. The last contract was obtained through a full and open competition by way of a new delivery order award using NASA SEWP GWAC that provides the latest Oracle Service Oriented Architecture (SOA) software, maintenance and renewal product for all HUD Program Areas and their approved contractors.

Two quotes were received from the last solicitation that resulted in a contract award. There is available market research information already done by others in government. The past acquisition strategies used were competitive delivery orders using NASA SEWP GWAC. The potential suppliers have all supported similar software licenses. There are no known competitive barriers besides brand name There are no known problems encountered during past contract performance. There is no past performance baseline.

(3) A determination that no small business manufacturer or processor reasonably can be expected to offer a product meeting the specifications of the solicitation.

There is no known small business manufacturer, or processors can reasonably be expected to supply the product meeting the specification in the solicitation

(4) A summary of market research detailing efforts to locate a small business manufacturer

(not reseller) and provide supporting documentation including:

The results of your search from SBA’s Dynamic Small Business Search on September 23, 2024, using search words as Oracle and Java under NAICS code 541519 identified the following socio-economic businesses that could potentially meet this requirement:

• Women-Owned Small Businesses: 2

• Economically Disadvantaged Women-Owned Small Businesses: 2

• Self-Certified Economically Disadvantaged Women-Owned Small Businesses: 1

• Minority-Owned Small Business

• Self-Certified Small Disadvantaged Business: 1

• Self-Certified Women-Owned Small Business: 1

A search for re-sellers on the SB Dynamic website revealed no results for the JAVA Licenses and

Maintenance.

(5) The results of your discussions with small business representatives to find manufacturers.

Recommend not setting the requirement aside and making an award to a Small Business, due to

OEM’s concerns that Small Businesses are not meeting the limitation on subcontracting.

(6) Other market surveys or research conducted. NA

(7) A copy of the Statement of Work if contracts are expected to exceed $500,000.

A Copy of the Statement of Need is provided.

Based on the above, I hereby determine that in accordance with FAR 16.505(b)(ii)(B), that an individual waiver is necessary and justified.

Dwayne Gist

Contracting Officer