Brand Name Limited Source Form Redacted.docx

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

1. Contracting Activity: Army Contracting Command – Aberdeen Proving Ground 11 Hap Arnold Boulevard Tobyhanna, PA 18466-5100

2. Description of Action:

Nature: ☐ New Requirement ☒ Follow-on Requirement

Contract Vehicle: ☒ Purchase Request Number _W25G1V931200JW___ (Purchase Order)_________________________

☐ Order #_______ against a single award IDC Contract ☐ Modification # _______ to existing PO/TO/DO/Call Order #________________

Funds: ☐ Operations & Maintenance, Army (OMA) ☒ AWCF ☐ Other Funds:

FY: __20____

Name of Proposed Contractor(s) and Address:

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies:

This contract is for hardware and operating system support on four (4) each Oracle M4000 servers and associated 2540 Disk Array located at Tobyhanna Army Depot. The Oracle M4000 servers host Tobyhanna Army Depot's PDMLink Product Data Management (PDM) system. Service will provide: phone and onsite technical support; updates and patches for Solaris operating system software; repair and replacement of faulty hardware to include data and device retention enabling the Government's retention of non-functioning disk drives containing potentially sensitive Government data. Support includes the following:

Oracle Premier Support for Systems and Data & Device Retention on: one StorageTek 2540 disk array, serial number 0810BE3B14; and on five (5) each M4000 servers, serial numbers BEF0906BE7, BEF0906BBE, BEF091970D, BEF0919702, and BEF0919694.

Oracle Extended OS Support on M4000 server, serial number BEF0906BE7.

Base Period: 03 Apr 20 to 02 Apr 21 Option Period 1: 03 Apr 21 to 02 Apr 22 Option Period 2: 03 Apr 22 to 02 Apr 23

4. Authority:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the Simplified Acquisition Threshold (SAT) $250,000.00, only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

☐ FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name ☐ FAR 8.405-6(a)(1)(i)(A) Urgency ☐ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable ☐ FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

☐ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable ☐ FAR 16.505(a)(4) Brand Name ☐ FAR 16.505(b)(2)(i)(A) Urgency ☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The Oracle M4000 server systems are proprietary to Oracle, Inc. Oracle holds copyrights, licenses, and other intellectual property rights on Oracle hardware and software products. As such, they are the sole source to provide software support and updates. Oracle services can be acquired through Oracle and their authorized resellers only.

Customers with unsupported server systems are not entitled to download or receive Oracle maintenance releases, patches, telephone assistance, or any other technical support services.

The Oracle M4000 servers host Tobyhanna Army Depot's (TYADs) PDMLink Product Data Management (PDM) system. This critical system provides configuration management, and depot-wide access to technical data related to repair, modification, design and testing of communications, electronics, and mechanical systems in support of the Joint Warfighter. Failure to acquire this maintenance will result in inability to obtain patches and updates needed to maintain network security requirements, resulting in significant impact to operational readiness.

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 $250,000.00 threshold, ☐ apply and will be followed, or ☐ do not apply due to an exception at 5.202 ______________________.

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 8.405-6(b)(3)(iii)(B)

7. Market Research:

Market research included internet research of open market websites, as well as the Computer, Hardware, Enterprise, Software Solutions (CHESS) website. Oracle’s support policies were reviewed which states that Customers with unsupported server systems are not entitled to download or receive Oracle maintenance releases, patches, telephone assistance, or any other technical support services.

8. Other Facts:

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.

Typed Name: Karen Wolfe Date: 19 November 2019 Title: Industrial Engineer Signature:

10. Contracting Officer Certification/Approval:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source 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.

Typed Name: Jason Granville Date: 5 Feb 2020 Title: Contracting Officer Signature: