REDACTED EFO.pdf

DLA Contracting Services Office – Philadelphia (DCSO-P)

SUBJECT: EFO – ORACLE JAVA SOFTWARE LICENSES AND MAINTENANCE

Source Selection Information – See FAR 2.102 & 3.104 For Official Use Only (FOUO)

DLA’s software and hardware will be exposed to vulnerabilities leading to hardware failures, software failures, noncompliance, and loss of support to the Warfighter.

Based on the foregoing, this exception to the fair opportunity process is justified because brand-name Oracle Java software licenses and maintenance are essential to the Government’s needs because no other products or services on the market can guarantee complete compatibility and interoperability with DLA’s existing Oracle architecture and satisfy DLA mission requirements.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

As the Contracting Officer, I hereby determine that the anticipated cost to the Government will be fair and reasonable. The Government will attempt to obtain offers from as many responsible business authorized resellers as practicable. Quotations will be analyzed in accordance with FAR 15.404-1. It is anticipated that the Government will use various price analysis techniques including, but not limited to: (1) Comparison of proposed prices received in response to the solicitation; (2) Comparison with competitive published price lists; (3) Comparison of proposed prices with the Independent Government Cost Estimate; and/or (4) Comparison of proposed prices obtained through market research for the same or similar items.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

After a review of ESI software products, these Oracle Java software licenses and maintenance cannot be procured through an ESI agreement.

7. 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:

Based on current market research, it has been determined that only Oracle Java software licenses and maintenance can fully satisfy the Government’s requirement. No competitor functional replacement products exist in the market at this time to meet the Government's need. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions; e.g., if there are similar products and/or product support in the marketplace that provides the same functionality, if the original equipment manufacturer releases ownership rights of product, or if it is economically feasible to procure a new system.

At this time, the required Oracle Java software licenses and maintenance is the only product capable of meeting the Government’s needs. However, DLA has exercised, and continues to exercise, competition as often as possible and is required to conduct ongoing reviews to keep abreast of new technology, both in industry and in the Government. DLA uses a variety of vendors, manufacturers, and contracts/orders to fulfill its requirements and will continue its practice of surveying the market to ensure full and open competition to the maximum extent practicable.

8. CERTIFICATIONS:

Technical/Requirements Certification:

I hereby certify that the supporting data provided for which I am responsible and which forms a basis for this justification is complete and accurate.

Contracting Officer Certification:

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

I have reviewed and concur with this justification.

Competition Certification:

I have reviewed and recommend approval of this justification.

9. ATTACHMENTS:

ATTACHMENT 1 BILL OF MATERIALS (BoM)