JOFOC_Redacted.pdf

As prescribed by FAR 6.3 10/2015

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

FAR SUBPART 6.3

I recommend the use of other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

Contracting Activity: Internal Revenue Service (IRS), Office of Procurement, Office of Information Technology Acquisition Requiring Activity: Internal Revenue Service, Information Technology, Enterprise Operations (EOPs)

2. NATURE/DESCRIPTION OF THE ACTION BEING APPROVED:

EOPs has a 2016 fiscal year funded follow-on requirement for a brand name firm fixed price contract to be awarded for Operations and Maintenance (O&M) support for Oracle software. This action will be awarded against the Oracle SmartBuy Enterprise Software Initiative (ESI) Blanket Purchase Agreement (BPA), but will include some open market line items, which will vary from vendor to vendor.

Software maintenance includes -

a. 24/7 access to Oracle Software experts/helpdesk

b. Feature enhancements and new product releases

c. Security patches, fixes and configuration-specific update recommendations

d. Technical resources, alerts and proactive support tools

3. DESCRIPTION OF SUPPLIES OR SERVICES

The Internal Revenue Service (IRS), Office of Information technology needs to purchase the products detailed on Attachment A – Product List.

Period of Performance: Award – September 30, 2016, plus a 9 month option period.

4. REQUISITION NO.

Q-6-QF-04-DM-S11 000

5. NAME(S) OF PROPOSED SOURCE(S)

TBD6. COST ESTIMATE

Base:

Option 1:

Total:

CERTIFICATION OF TECHNICAL OR REQUIREMENTS PERSONNEL

I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

7. PROGRAM OFFICE

(Requiring Activity) (Name & Title)

(Signature) (Phone No.) (Date)

SMALL BUSINESS CERTIFICATION

I have reviewed this justification, including any attached documentation, if applicable, and concur / do not concur with the findings.

8. SMALL BUSINESS

SPECIALIST

(Name and Title)

(Signature) (Phone No.) (Date)

PROCUREMENT OFFICE CERTIFICATION

> This requirement [ ] will, [ x ] will not, provide for a bridge contract I certify that this submission is accurate and complete to the best of my knowledge and belief. This certification will serve as approval, unless action exceeds $700K.

9. CONTRACTING OFFICER

(Name)

(Signature) (Phone No.) (Date)

Before requesting this procurement, state one statutory authority for this procurement to be conducted under “other than full and open competition” procedures. Provide narrative justification associated with the respective state authority in block number 17.

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THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L. 98-369)

(place “X” in appropriate box) 10.

X

41 U.S.C. 3304(a)(1), FAR 6.302-1– Only one responsible source; or brand name specification

11. 41 U.S.C. 3304(a)(2), FAR 6.302-2 – Unusual and compelling urgency

12. 41 U.S.C. 3304(a)(3), FAR 6.302-3 – Industrial mobilization, engineering, developmental, or research capability; or expert services

13. 41 U.S.C. 3304(a)(4), FAR 6.302-4 – International agreement

14. 41 U.S.C. 3304(a)(5), FAR 6.302-5 – Authorized or required by statute

15. 41 U.S.C. 3304(a)(6), FAR 6.302-6 – National Security

16. 41 U.S.C. 3304(a)(7), FAR 6.302-7 – Public Interest

17.JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

The Oracle support will be used to support and maintain previously purchased Perpetual Oracle licenses. Only support from the Original Equipment Manufacturer (OEM)/authorized reseller can be used to support the licenses as any other manufacturer’s support will not be compatible with the software licenses already in use by IRS. The required maintenance support will provide updates, enhancements, bug fixes and standard technical support.

The Oracle products used herein make up the basic underpinnings of the IRS most critical applications for tax collection. To remove the Oracle database product and associated management packs and development tools would fatally harm the IRS and its ability to conduct business.

Transition to another product would require a rewrite of the application code as well as a massive migration of data from one database type to another. On the front end side the IRS has built many forms based applications that utilize proprietary workflows built into weblogic (aka internet application server).

Based on the above the table below provides the approximate investment in Oracle and associated products:

Oracle License Cost Oracle integration, configuration, and associated services Other Compatible Apps/Services that would be impacted

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES.

In accordance with APU 16.1 and guidance form Policy this action will be a competitive SmartBuy action and since open market items may be required this JOFOC is being posted on FBO. The open market items may vary from each ESI BPA holder and as such the entire Product List is attached to this JOFOC.

C. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE.

The Contracting Officer will make a best value determination via a competitive acquisition.

D. DESCRIBE THE MARKET RESEARCH THAT WAS CONDUCTED AND THE RESULTS OF

THAT SURVEY. IF ACTIONS WERE TAKEN BY PROCUREMENT PERSONNEL TO SATISFY

THIS REQUIREMENT SUCH AS A GPE SOURCES SOUGHT SYNOPSIS, PLEASE SPECIFY.

Market research was conducted by reviewing historical information and GSA SmartBuy Oracle holders BPAs. Based on this the following vendors are SmartBuy ESI BPA holders for Oracle:

Mythics Inc, DLT Solutions, Immix Technologies and Affigent LLC. The IRS and EOps has a large installed base of Oracle databases. Any other product will require significant investments in time, resources, and risk mitigation due to the complexity of migrating to another solution and would not be financially viable based on the above investment table. As such, no other solutions are being considered at this time, but the IRS will continue to monitor the market when feasible.

In order to ensure there is no re-solicitation/re-work if the Schedule/ESI BPA expire before the order’s options expire the IRS will adhere to the ESI BPA effective period language, which shall not affect the obligations of the Government or awardee. The existing order shall continue in full force and effect as though the Schedule/ ESI BPA had not been terminated/expired and if required the IRS will re-issue a new sole source award via the new Schedule/ESI BPA.

E. DESCRIBE ANY OTHER FACTS TO SUPPORT THE JOFOC.

Oracle has a limited list of authorized resellers and GSA SmartBuy ESI BPA is a required source.

F. LIST SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION.

No sources expressed, in writing, an interest in the acquisition.

G. LIST THE ACTIONS THE BUREAU WILL TAKE TO REMOVE OR OVERCOME ANY BARRIERS

TO PROMOTE THE COMPETITION ON ANY SUBSEQUENT ACQUISITIONS FOR SIMILAR

SUPPLIES OR SERVICES.

This requirement will be competed on SmartBuy among all authorized resellers of Oracle products, but the Government will continue to review for alternate solutions if feasible.

H. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR

THE EXPIRATION OF FUNDS.

This requirement does not result from a lack of planning or the expiration of funds as this is a renewal of maintenance on perpetual licenses.

Additional Approvals should begin on a separate page

ADDITIONAL APPROVALS

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0, 18.BUREAU COMPETITION

ADVOCATE (Name & Title)

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[ ] APPROVE

[ ] DISAPPROVE

(Signature) ( )

(Date)

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19.HEAD OF THE

PROCURING ACTIVITY

OR AUTHORIZED

DESIGNEE (Name & Title)

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[ ] APPROVE

[ ] DISAPPROVE

(Signature) (Phone No.)

(Date)

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20.SENIOR

PROCUREMENT

EXECUTIVE (Name & Title)

Leave blank, JOFOC Coordinator will insert info

[ ] APPROVE

[ ] DISAPPROVE

(Signature) (Phone No.)

(Date)

NOTE: Each review must be preceded by lower level approval(s). e.g., over $68 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL.

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