CAO-19-0066_Redacted.pdf

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition

Threshold

1. Contracting Activity: Army Contracting Command – New Jersey (ACC-NJ), Information Technology Center; 5418 South Scott Plaza, Joint Base McGuire-Dix-Lakehurst, NJ 08640

2. Description of Action: Oracle Licenses and Support on behalf of Program Executive Office Enterprise Information Systems, Product Director Acquisition, Logistics, and Technology Enterprise Systems and Services (PD ALTESS)

Nature: ☒ New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☐ Purchase Order Number _____________________________

☐ Blanket Purchase Agreement (BPA) Number _____________ ☐ Order/BPA # _ _ against FSS Contract # ☒ Order #___________ against Multiple Award IDIQ Contract Name or # Department of Defense (DoD) Enterprise Systems Initiatives (ESI) Oracle Blanket Purchase Agreement

☐ Order #_______ against a single award IDC Contract

☐ Modification # _ _ to existing PO/TO/DO/Call Order #

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours ☐ Cost Reimbursable ☐ Hybrid

Funds: ☐ Operations & Maintenance, Army (OMA) ☒ Other Funds: Research, Development, Testing and Evaluation Fiscal Year: 2018/2019

Name of Proposed Contractor(s) and Address:

Affigent, LLC

CAGE: 3NBK4

13873 Park Center Road, Suite 127 Herndon, Virginia 20171

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies: ACC-NJ has a brand name requirement on behalf of PD ALTESS for software licenses and product support for the following existing Oracle products:

☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited: This brand name Oracle Licenses and Support procurement is essential to meet PD ALTESS’ mission requirements. PD ALTESS currently has brand name Oracle software within its existing database infrastructure. PD ALTESS requires Oracle Software Licenses & Support to support database capabilities for the storage and management of customer data. This brand name requirement supports a 100+TB Oracle database that stores and manages customer data, to include advanced encryption options, high-availability stack, and complex data partitioning scenarios. The Oracle Database Enterprise Edition software supports the necessity to provide a database that is compatible with the current Oracle database infrastructure. The Oracle Advanced Security Option allows for data to be encrypted at rest and in motion which meets DoD CyberSecurity standards. The Oracle Real Application Cluster Option offers a clustered version of Oracle Database based on a high-availability stack that can be used as the foundation of a database cloud system as well as a shared infrastructure. The Oracle Partitioning Option allows for large datasets to be partitioned based on numerous partition methods (range, list, hash) supporting both single and composite partitioning. The Real Application Cluster and Partitioning Options will ensure the database maintains high availability and reduce or eliminate system downtime.

Brand name Oracle Licenses & Support is essential to the Government’s requirements. Failure to provide the required software and support would result in equipment failure and loss of data which would result in mission failure or delay. No other database manufacturer offers all of the aforementioned capabilities in an integrated database product nor can the additional Oracle Options be used in conjunction other manufacturer’s database products. Oracle software and update rights with technical support are only available from Oracle or their authorized resellers.

Oracle owns the copyrighted software, with all legal rights, privileges, and ownership contained therein. Further, no other source may legally modify the software, nor would they have access to the source code to do so. After conducting market research, the Government has not identified any other software manufacturers that are compatible with the Government’s existing Oracle database infrastructure, nor meet the technical requirements of scalability, high availability, and security in an integrated database product. PD ALTESS has made previous investments . Replacing this software and support with a different product would require additional funds, training time and manpower; and is not in the best interest of the Government. The replacement cost would include the purchase of new software, training costs associated with the use of new software, and additional personnel required to install, troubleshoot, patch and maintain the software. Therefore, the brand name Oracle Licenses and Support is essential to meet the requirements of the Governments and the mission of PD ALTESS.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☐ do not apply due to the dollar threshold, ☐ apply and will be followed, or ☒ do not apply due to an exception at FAR 5.202(a)(11), the proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current proposed contract action.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A) ☐ Action is NOT a brand name restriction and is under $150K, no posting required ☐ Action is a brand name restriction, under $25K, no posting required ☒ Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

☐ Action is a brand name restriction over $25K but will not be posted due to exception:

☐ FAR 6.305(f) ☐ FAR 8.405-6(b)(3)(iii)(A)

☐ FAR 8.405-6(b)(3)(iii)(B) ☐ FAR 8.405-6(b)(3)(iii)(C) ☐ FAR 16.505(a)(4)(iii(C)

7. Market Research: During the period from September 2018 through November 2018, market research was conducted by a Government Acquisition Specialist at PD ALTESS and ACC-NJ.

Requests for Information (RFIs) were issued via the Department of Defense (DoD) Enterprise Software Initiative (ESI) Oracle Blanket Purchase Agreement (BPA), Army’s Computer Hardware, Enterprise Software and Solutions (CHESS) Information Technology Enterprise Solutions – Software (ITES-SW); and National Aeronautics and Space Administration Solutions (NASA) Solutions for Enterprise Wide Procurement (SEWP) vehicles. The results of the RFIs indicated the required software licenses and support are available via from a mandatory source, DoD ESI’s Oracle BPA. In accordance with Army Federal Acquisition Regulation Supplement (AFARS), 5139.104-90(a)(1), Purchasers of commercial hardware and software must satisfy their Information Technology requirements by utilizing the Army CHESS and DoD ESI agreements first, regardless of dollar value or appropriation. Market research supports the Oracle Licenses and Support meet the definition of a commercial item under FAR 2.101 as it is customarily used by the general public and had been sold, leased, or licensed to the general public. In accordance with FAR Part 10, ACC-NJ conducted market research utilizing the following market research techniques: querying Government databases, internet searches, reviewing results of recent market research and issuing formal RFIs. The Government queried databases included Federal Business Opportunities, DoD Electronic Document Access and Paperless Contract File. Additionally, the Contract Specialist conducted a review of all mandatory sources. On 15 November 2018, ACC-NJ determined the DoD ESI Oracle BPA is the appropriate acquisition approach.

8. Other Facts: None.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: ___//signed//___

10. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis in accordance with FAR 13.106-3(a)(1), current price lists and a comparison to an Independent Government Estimate. I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a brand name requirement is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Signature: ___//signed//___