JOFOC - Sybase_091212_Detail.docx

SUBJECT: Sole Source Justification for Sybase License & Support

(1) Identification of the agency and the contracting activity:

Silver Spring, MD 20910

National Weather Service Branch Silver Spring, MD 20910

(2) Nature and/or description of the action being approved:

In accordance with the requirements of the Competition in Contracting Act, as implemented by FAR Subpart 8.4, the following information is submitted to justify a contract action without full and open competition. Pursuant to the authority of FAR 6.302-1(a)(2)(ii) competition can be limited when the supplies or services required by the agency are available from only one responsible source. The purpose of this justification is to provide specific support of NWS efforts for a Weather Ready Nation.

As part of the National Weather Service Strategic Plan, the Weather-Ready Nation (WRN) is a Strategic Alignment that starts with a vision and ends with actions by individuals and businesses to save lives and livelihoods. It's about myriad actions we can take internally and with partners that integrate the NWS roadmap, plan and vision. All of these activities and those being designed in the Roadmap are to fulfill a singular purpose: protect lives and livelihoods by helping people make better decisions with better information.

· The NWS Telecommnications Gateway is most of the way through a $4 million technical realignment project. This project includes new hardware processors for the Sybase relational database systems that process upwards of 100 transactions/products per second and replicate the data to backup servers. In 2012, NWS moved from a user based license for Sybase to a CPU based license. The CPU license saves annual license fees and also a license dispute with the vendor (who claims every NWS observing platform is a "user").

· As part of the change, estimates of the number of CPU and replication licenses for the new hardware were made. Testing of the new system has shown while the estimated number of licenses will work, additional licenses will provide extra capacity for periods of high traffic and additional room for growth needed to add capacity needed for new high resolution model data produced by the NCEP supercomputer expected to be sent to the Gateway starting in October and November, 2012.

(3) A description of the supplies or services required to meet the agency's needs:

National Weather Service requires 10 numbers Sybase Adaptive Server Enterprise License for the AIX Production system and 4 numbers of Replication Server- Base CPU License for AIX platform for production as well. This software License is mission critical for National Weather Service operation. If these license are purchased Telecommunications Operations Center will not be able to meet the NWS mission of saving loss of life and property of the Government. The ever increasing demand for the weather data from many government agencies require that we are fully capable of meeting their demand. This procurement helps to accomplish that expectation.

The following are the software License items that are required before the end of September 14th, 2012.

Part#: Description

13084 Sybase Adaptive Server Enterprise for AIX Platform – TEN Quantities.

12601 Sybase Replication Servers - Base CPU License for AIX Platform – FOUR Quantities.

Technical Support for the above two Licenses.

These licenses are required to meet the growing demand of more date through Telecommunications Gateway. These additional licenses are essential for the NWS to continue improving and providing provision of weather forecasts and warnings for the protection of life and property.

(4) An identification of the statutory authority permitting other than full and open competition:

Pursuant to FAR 6.302-1(a)(2)(ii) competition can be limited when the supplies or services required by the agency are available from only one responsible source.

(5) A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited:

Sybase, Inc. is the sole manufacturer and provider of Sybase products and support services. The Technical Support Services including Hotline Support and product updates are available from Sybase only. The Sybase North American sales organization is responsible for distributing Sybase license products to the end-user market. As a direct sales/ service organization, Sybase is the exclusive distributor of Sybase logo licenses and provider of support services to the federal government and commercial market.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

Sybase is the only one company that provides these licenses and support. Since there is no-resellers, these licenses and the support services have to be obtained only from Sybase NS2.

(7) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted:

The market research proved that there are no other vendors to provide this service.

(8) Any other facts supporting the use of other than full and open competition, such as:

Not applicable.

(9) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

Any barriers to competition that may exist are outweighed by the public interest to improve services to reduce the risks to life and property.

(10) Contracting Officer certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief:

Based on the above information, it is determined to be in the Government’s best interest to get additional licenses to cater the needs of all the Government and non-government customers for Weather data. The Contracting Officer certifies that this justification is complete and accurate to the best of his knowledge.