Oracle Additional Licenses USPTO-OP-073 JEFO final_Signed 04.03.25_Redacted.pdf

This document is a Justification for Exception to Fair Opportunity (JEFO) from the United States Patent and Trademark Office (USPTO) for procuring additional Oracle Enterprise Software Licenses. The USPTO competitively awarded a delivery order to Affigen, LLC on May 12, 2023, for a one-year base period with two one-year option periods. The procurement involves 62 additional Oracle Enterprise Software Licenses, including Diagnostics Pack, Tuning Pack, and Database Enterprise Edition licenses with processor-based support, valid through April 4, 2025.

The justification emphasizes the sole-source nature of the procurement, citing that Oracle is the only brand meeting USPTO's requirements. The agency has used Oracle software for over 18 years across Patents, Trademark, Corporate, Finance, and Infrastructure applications. Changing to an alternative vendor would require significant system redesign, re-development, and result in increased training and maintenance costs. The total estimated price for the additional licenses is redacted, but the USPTO's initial estimate was $3.5M, with Oracle proposing a lower price through Affigen, LLC as the authorized reseller.