Oracle EPM Cloud-JUSTF EXCPT 2 FAIR OPPORT_redacted.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

NNG15SC33B /31310021F0018 MODIFICATION P00002

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

a. Acquisition objectives.

The U.S. Nuclear Regulatory Commission (NRC) Office of the Chief Financial Officer requires annual Software as a Service (SaaS) subscription of Oracle software licenses and related support for the NRC’s 660 Budget Formulation System (BFS) user community. The current NASA SEWP order (NNG15SC33B /31310021F0018) provides the agency with 660 Oracle Enterprise Performance Management (EPM) Cloud Software as a Service (SaaS) licenses which expire on February 26, 2024.

The subject modification is to add-on Oracle Part # B79785 Oracle Enterprise Performance Reporting Cloud Service for each period of performance in the total amount of $429,677.50.

b. Project Background EPM is the agency wide BFS which supports the NRC’s business functions of development, formulation, forecasting, and operation of the agency’s budget formulation process. BFS also provides forecasting analysis for agency’s salary and benefits activity, staffing strategic activity, commercial contract spending patterns and IT Portfolio Summary budget data collection.

c. Name and address of the proposed contractor(s).

EMERGENT LLC, 4525 MAIN STREET, SUITE 1500, VIRGINIA BEACH VA 23462

2. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

The subject modification is to add-on Oracle Part # B79785 Oracle Enterprise Performance Reporting Cloud Service to the original order for Oracle EPM Cloud SaaS for each period of performance in the total amount of $429,677.50 as follows.

Pro-rated Base Period $93,077.50 Option Period 1 $168,300.00 Option Period 2 $168,300.00 Total $429,677.50

Price Quote for Oracle Part # B79785 Oracle Enterprise Performance Reporting

Cloud Service

a. Acquisition Information.

• Requirement type.

☒ Information Technology (IT) or Electronic and Information Technology (EIT)

• Type of action.

☒ Add-on requirement

• Proposed contract/order type.

☒ Firm-fixed-price

• Requisition number.

CFO-21-0064

• Total estimated dollar value and performance/delivery period.

As indicated above the total dollar value is $429,677.50. The period of performance is 3 years as follows.

Base Year: 2/27/2021 – 2/26/2022 Option Year 1: 2/27/2022 – 2/26/2023 Option Year 1: 2/27/2023 – 2/26/2024

3. Identification of the justification rationale.

☒ This acquisition is conducted under FAR 16.505, with a Justification for an Exception to Fair Opportunity (JEFO).

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

The authority for this JEFO is based on FAR Part 16.505 (b)(2)(C), “The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order that was already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.”

This is an add-on to the original order for Oracle EPM Cloud SaaS. The subject add-on requirement cannot be purchased separately without the original licenses for Oracle EPM Cloud SaaS, consequently this is a follow-on to the original order. The most efficient and economical method to obtain this functionality is as a logical follow-on to the original order that was previously competed.

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

The NASA SEWP V Contracting Officer has already determined the prices for the add-on to be fair and reasonable; therefore, no separate fair and reasonable pricing determination is required.

6. Any other facts supporting the justification.

The add-on module will streamline and automate the development of the NRC’s budget books, reducing the time to develop and review the books, reducing the probability of errors, and creating a more efficient workflow and document repository for documents in https://www.acquisition.gov/far/current/html/Subpart%2016_5.html#wp1095799 support of the budget. This is an add-on to the original order for Oracle EPM Cloud SaaS.

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 Acquisition Management Division will closely scrutinize any subsequent requests for additional add-ons, or to renew Oracle EPM software licenses and will ensure that competitive barriers, if any, are mitigated or removed to the maximum extent practicable.

8. By signing below, the technical requirements official noted above certifies that the justification is accurate and complete to the best of his/her knowledge and belief.

Contracting Officer Representative Certification

Susan Hayden, OCFO Date

9. This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Contracting Officer

Louis Gilden Date

Contracting Officer

ADM/AMD/OBA