__JA Oracle Java_Redacted.pdf
PDF 332 KB Posted
- Solicitation number
- SP4701-26-R-0018
About this file
CUI Justification and Approval for Other Than Full and Open Competition
This is a Justification and Approval (J&A) document for a Defense Logistics Agency (DLA) non-competitive procurement of Oracle Java Standard Edition (SE) Universal software subscriptions. The requiring agency is DLA Information Operations (J6) Asset Management in Battle Creek, Michigan, with the contracting activity being DLA Contracting Service Office-Philadelphia (DCSO-P).
The procurement covers a 12-month Base Year (FY26) plus four consecutive 12-month Option Periods, with an overall performance period from September 30, 2026 through September 29, 2031. The requirement is for brand-name Oracle Java SE Universal subscriptions to maintain uninterrupted software support across DLA's computing infrastructure, user endpoints (desktops, laptops, tablets, cell phones), and UNIX/Windows infrastructure devices. The Government seeks a firm fixed-price contract and plans to issue a Combined Synopsis/Solicitation-Request for Proposal (RFP) designated SP4701-26-R-0018 via www.SAM.gov. The authority for this non-competitive action is 10 U.S.C. 3204(a)(1), implemented under FAR 6.103-1 (Only One Responsible Source), based on Oracle Corporation's exclusive ownership of the proprietary source code, intellectual property, and technical architecture. DLA determined that alternative Java runtime environments cannot meet the agency's mission requirements without introducing unacceptable operational, security, and compliance risks. The Enterprise Software Initiative (ESI) BPA (N66001-26-D-0020) with Oracle America Inc, established August 1, 2026, is the exclusive DoD source for ESI pricing. The Contracting Officer has determined that anticipated costs will be fair and reasonable through price analysis using FAR 15.404-1 procedures, including comparison of proposed prices, competitive published price lists, Independent Government Cost Estimates, and market research. Oracle (CAGE Code 63U09, located in Austin, Texas) has expressed interest in this requirement. DLA commits to conducting ongoing market research and future competitive actions should marketplace changes enable alternatives to emerge.
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Other files
| File | Type | Posted |
|---|---|---|
| BOM_Oracle Java26 v.1.xlsx | XLSX spreadsheet | |
| SP4701-26-R-0018.pdf |
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CUI | Source Selection Sensitive Information – See FAR 2.101 & 3.104
The procurement encompasses a Base Year (12 months) and four (4) consecutive 12-month Option Periods, structured as follows:
Estimated Dollar Value:
Base Year (FY26 Funds):
Total Estimated Value (Base + 4 Option Years):
Overall Period of Performance: September 30, 2026 through September 29, 2031.
4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL
AND OPEN COMPETITION
The statutory authority permitting other than full and open competition is 10 U.S.C. 3204 (a)(1), as implemented by RFO 6.103-1 “Only one Responsible Source and no other supplies or services will satisfy agency requirements.” No other firm can provide this brand name product due to the proprietary nature of the support. Use of this brand name description in this acquisition is essential to the Government’s requirements, thereby precluding consideration of a product of another company. Furthermore, a brand-name item peculiar to Oracle America, Inc. is essential to the Government’s requirement because alternative Java runtime environments do not meet, and cannot be modified to meet, the Agency’s mission requirements without introducing unacceptable operational, security, and compliance risks. Oracle America, Inc. is the original software developer, intellectual property owner, and the sole entity capable of releasing official Oracle Java SE Universal subscription licenses, proprietary source-code security patches, and direct enterprise-level technical support.
The Enterprise Software Initiative (ESI) BPA (N66001-26-D-0020) with Oracle America Inc was established August 1, 2026. A thorough review of the Enterprise Software Initiative (ESI) website (www.esi.mil), indicates that the ESI BPA holder, Oracle America Inc, is the sole Reseller/Direct Sales source listed within the subject agreement. In accordance with DFARS 208.7402, DoW organizations must pursue ESI pricing when an applicable agreement is in place.
It has been determined that DoD ESI pricing is exclusively available by ordering directly against the Oracle ESI IDIQ contract.
The required Oracle Java SE Universal Subscription is a proprietary, brand-name product manufactured exclusively by Oracle Corporation. Oracle owns the underlying intellectual property, source code, and technical architecture. Due to the proprietary nature of the source code, only Oracle and its authorized resellers possess the legal and technical authorization to distribute certified updates, mission-critical security patches, and OEM technical support. Use of the brand name description is essential to DLA's requirements, precluding consideration of alternative products.
5. A DEMONSTATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE
NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED:
DLA has a critical operational requirement to maintain uninterrupted Oracle Java software subscriptions to support its existing computing infrastructure and mission applications:
1. Core Infrastructure Dependency: Oracle Java software is embedded across every DLA user endpoint (desktops, laptops, tablets, mobile devices) and extensive server infrastructure supporting logistics, supply chain, and back-office operations. DLA user devices and core enterprise applications will not function as expected without certified Oracle Java runtime environments.
2. Proprietary Source Code and Security Updates: Oracle Corporation holds the exclusive proprietary rights to the Java software source code. Only Oracle can develop, validate, and issue official security patches, vulnerability fixes, and technical updates. Maintaining an active subscription is vital to maintaining cybersecurity compliance under DoD Information Assurance mandates.
3. Impact of Unavailability / Mission Risk: Failure to procure Oracle Java subscriptions would result in running unsupported software across the enterprise, directly violating DoD cybersecurity standards. This would expose the agency to severe vulnerability exploitation, system crashes, support refusal, and potential catastrophic failure of DLA logistics systems.
4. Technical & Economic Barriers to Replacement: While DLA continues efforts to rationalize and minimize Oracle Java footprints where technically feasible, replacing Java across the entire agency infrastructure would require rebuilding, re-engineering, and recertifying hundreds of mission applications. Such migration would result in substantial duplicate costs that could not be recovered through competition and introduce unacceptable operational disruption.
Therefore, brand name Oracle Java SE Universal Subscriptions, procured through Oracle, are the only items that satisfy the Government’s requirements.
6. A DESCRIPTION OF THE 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 REQIRED BY FAR SUBPART 5.2 AND IF NOT, WHICH EXCPETION UNDER
5.202 APPLIES:
Based upon market research, it was determined that the (OEM): Oracle Java SE Universal Subscriptions is the only manufacturer with the capabilities to provide the required support. The requirement will be issued as a Combined Synopsis/Solicitation-Request for Proposal (RFP):
SP4701-26-R-0018 via the federal business opportunities section of the www.SAM.gov system.
All responsible vendors will be afforded an opportunity to submit an offer.
7. A DETEMINATION 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 authorized resellers as practicable. Proposals will be analyzed in accordance with FAR 15.404-1 procedures. 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 in accordance with FAR 15.404-1(b)(1); (2) Comparison with competitive published price lists in accordance with FAR 15.404-1(b)(4); (3) Comparison with the Independent Government Cost Estimate with FAR
15.404-1(b)(5); and (4) Comparison of proposed prices obtained through market research for the same or similar items in order to obtain a fair and reasonable price in accordance with FAR 15.404-1(b)(6).
8. A DESCIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR
A STATEMENT OF THE REASO MARKET RESEARCH WAS NOT CONDUCTED:
Based on current market research, a determination has been made that only the aforementioned product and/or product support from Oracle Java SE Universal Subscriptions, can fully support the Government’s needs. This requirement is for proprietary products and/or product support and no competitor functional replacement products currently exist in the market to meet the Government's needs. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions, i.e., there are similar products and/or product support in the marketplace that provide the same functionality, the original equipment manufacturer releases ownership rights of product, or it is economically feasible to procure a new system. Consequently, the requirement will be issued as a Combined Synopsis/Solicitation-Request for Proposal (RFP) posted to the www.SAM.gov System. DLA has 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 as a continuing effort within DLA. DLA always uses a variety of vendors, manufacturers, and contracts to fulfill its requirements and will continue its practice of surveying the market to ensure full and open competition. No other sources have demonstrated the capability necessary to provide the subscription software at this time.
9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:
N/A
10. A LISITING OF THE SOURCES, IF ANY, THAT EXPRESSTED, IN WRITING, AN INTEREST IN THE
ACQUISITION:
The following firm(s) have expressed interest in this requirement:
Oracle 2300 Oracle Way Austin, Texas 78741 CAGE Code: 63U09
11. 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:
DLA has and continues to exercise competition as often as possible and is required to conduct ongoing reviews to keep abreast of new technology, both within industry and the Government.
Furthermore, DLA utilizes a variety of vendors, manufacturers, and contracts to fulfill its requirements and will continue the practice of surveying the market to ensure future full and open competition. Requirements will continue to be posted on www.SAM.gov to ensure fair opportunity is given and no other providers are available.
12. CERTIFICATIONS:
File details come from the government source that posted it. Updated .