A03_LIMITED_SOURCES_JUSTIFICATION_REDACTED.docx

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ORACLE EDITION
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W56JSR16Q0001
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Limited Source Justification

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LIMITED SOURCE JUSTIFICATION

LIMITED SOURCES JUSTIFICATION

UNDER THE GENERAL SERVICES ADMINISTRATION

FEDERAL SUPPLY PROGRAM

Authority: 41 U.S.C. 152 (3) and FAR 8.405-6(b)(1) Amount: $944,015.75

Prepared by:

Zuhara Martell443-861-8010
Software Engineering Center (SEC)DSN: 848-8010
Software License AcquisitionDate: 22 February 2016

Branch (SLAB) Team

Procuring Contracting Officer:DSN: 848-4880
Larry CarterDate Reviewed:

Technical Representative:

Mrs. Wendy PrinceDSN: 648-5856
Requirements Planning OfficerDate Reviewed: 23 February 2016
Requirements Representative:443-861-8148
Leslie LovataDSN: 848-8148
Chief, Contracts DivisionDate Reviewed: 02 March 2016

Reviews:

I have reviewed this justification and find it adequate to support other than full and open competition.

Name: Jeremy PilkingtonDate: 23 February 2016
Title: (GS-15 or equivalent): Division ChiefDSN: 648-7920

Date Signature

Attorney Advisor443
Legal Counsel:DSN:

Control Number - JA-E-16-218

1. Contracting Activity:

Army Contracting Command – Aberdeen Proving Grounds CCAP-CCE, Division E, SEC Branch II Bldg. 6001 Combat Drive Aberdeen Proving Ground, Maryland 21005

2. Description of Action:

Product
CSI #
Quantity
Period of Perfor-mance
Base

Period

Option 1
Option 2
Total
Oracle Database Enterprise Edition
14288011
524,378
12/22/2015 thru 12/21/2016
$212,961.21
$219,350.05
$225,930.55
$658,241.81
Oracle Database Enterprise Edition
14288011
600
12/22/2015 thru 12/21/2016
$45,567.27
$46,935.25
$48,340.00
$140,842.52
Oracle Database Lite
14288011
525,058
12/22/2015 thru 12/21/2016
$30,076.42
$30,975.66
$31,908.07
$92,960.15
Internet Application Server Enterprise Edition
14288011
8
12/22/2015 thru 12/21/2016
$8,087.53
$8,330.98
$8,580.91
$24,999.42
Oracle Database Enterprise Edition
14288011
80
12/22/2015 thru 12/21/2016
$4,680.40
$4,822.24
$4,966.91
$14,469.55
Internet Developer Suite
14288011
10
12/22/2015 thru 12/21/2016
$2,528.35
$2,603.43
$2,682.33
$7,814.11
Open System Gateways
14288011
2
12/22/2015 thru 12/21/2016
$1,516.57
$1,562.69
$1,608.93
$4,688.19

Total

$944,015.75

The proposed action is to request approval for a Firm-Fixed-Priced contract for the brand name purchase of Oracle Database Enterprise Edition maintenance renewal as follows:

This software maintenance effort (NAIC – 511210) effort for Global Command and Control System – Army (GCCS_A) will consist of a one year base contract and two (2) one (1) year option periods for maintenance support. A total of three (3) years will be covered under the contract. FY2016 Operation and Maintenance Army (OMA) funds will be used for this effort.

3. Description of Supplies/Services:

The Global Command and Control System—Army (GCCS-A) is Program of Record under the purview of Product Manager Strategic Mission Command and is part of the GCCS Family of Systems of which the lead component is the GCCS-Joint. The GCCS-Joint is managed by the Defense Information Systems Agency (DISA). The GCCS-A application software code is an adaptation of the GCCS-Joint software code, using the GCCS-Joint software code as a baseline, with the addition of Army specific functions. The GCCS-A provides critical automated command and control tools to the Warfighter at theater, corps and division levels. Oracle Database is a Commercial Off-The-Shelf (COTS) software product produced by Oracle America, Inc. Oracle Database is used in the GCCS-Joint in the GCCS-A software baseline to provide the database structure and management. This maintenance purchase will be competed under the Army Computer Hardware, Enterprise Software and Solutions (CHESS) vendor utilizing a Blanket Purchase Agreement (BPA).

ORACLE Enterprise Edition is a comprehensive enterprise level database providing comprehensive features to easily manage the most demanding mission critical transaction processing, business intelligence, and content management applications. ORACLE Enterprise Edition comes with a wide range of options to extend the ORACLE database to ensure system performance, security, and availability. GCCS-A requires maintenance upgrades and technical support to ORACLE Enterprise Edition software to ensure that little or no downtime is experienced on ORACLE production databases due to software issues and/or application failures. The upgrades, maintenance and technical support being procured are renewal services for existing ORACLE proprietary licenses. The total estimated price for contract award will be: $944,015.75.

Due to this being an Information Technology (IT) requirement, the following applies: 1) DFARS 208.7402 (1) states; “Departments and agencies shall fulfill requirements for commercial software and related services, such as software maintenance, in accordance with the DoD Enterprise Software Initiative (ESI) (see website at http://www.esi.mil/). ESI promotes the use of enterprise software agreements (ESAs) with contractors that allow DoD to obtain favorable terms and pricing for commercial software and related services. ESI does not dictate the products or services to be acquired.” 2) AFARS 5139.101 (S-90) (a) states: “The Army’s Computer Hardware, Enterprise Software Solutions (CHESS) program, under Program Executive Office (PEO) Enterprise Information Systems (EIS), is the mandatory source for commercial IT purchases. CHESS BPAs and contracts provide IT products and services that comply with NETCOM, Army and DoD policy and standards. Purchasers of commercial hardware and software must satisfy their IT requirements by utilizing CHESS BPAs and contracts; and DoD Enterprise Software Initiative agreements first, regardless of dollar value. Any purchase made outside of CHESS BPAs and contracts requires a Statement of Non-Availability (SONA). A complete list of CHESS BPAs and contracts; and the on-line waiver process can be found at https://chess.army.mil.” 3) The DISA approved commercial product, Oracle Enterprise Edition, requires specialized maintenance which is only available from a limited number of sources; specifically, Oracle America and its four authorized CHESS resellers including Mythics, Inc., DLT Solutions, LLC (DLT), Affigent, LLC and Immix Technology, Inc.

4. Authority Cited: 41 U.S.C. 152 (3) and FAR 8.405-6(b)(1), Brand Name Specification, Utilizing a blanket purchase agreement (BPA) issued under a FSS (Part 8).

5. Reason for Authority Cited:

The proposed source, Oracle America, Inc., 500 Oracle Parkway, Redwood City, California, 94065-1677. Oracle America, Inc. is the sole developer of this variant of Oracle Database Enterprise Edition; hence this software is proprietary and can only be provided by Oracle or an authorized reseller. ORACLE Enterprise Edition upgrades and maintenance technical support are the only brand name that will meet specific needs to support the GCCS-A. ORACLE Enterprise Edition is a standard throughout the Department of Defense (DoD) and the U.S, Army. Since the software is proprietary, only Oracle or an authorized reseller may provide the maintenance support.

The manufacturer has provided a list of authorized resellers who are also a part of the Computer Hardware, Enterprise Software and Solutions (CHESS) Enterprise Software Initiative (ESI). That list contains four vendors. Pricing was then requested from those authorized resellers through the CHESS ESI for the proposed requirement, with three vendors responding. Additional market research was conducted to determine if there were any other parties qualified to provide the necessary requirements, and pricing was obtained in relation to that effort as well. The results are discussed in paragraph 8 in detail.

Approval is requested for the usage of items particular to one manufacturer, Oracle, and their brand name Oracle Database software application in support of the U.S. Army Project Manager (PM) Mission Command (MC) – Strategic Mission Command (SMC). PM MC SMC requires brand name Oracle maintenance support which is peculiar to Oracle and available through CHESS. Oracle Software is proprietary, so they are the only one that can provide the required maintenance such as patches, etc. Without the Oracle license support renewal, the Army will not have access to software updates, security patches or vendor support which are needed to maintain GCCS-A web-based capabilities. It would be detrimental to Army readiness and force projection capabilities, cause delays to program evolution and create prohibitive costs to the government to require the GCCS-A developer to perform further analysis, rewrite GCCS-A applications, redo security accreditation and perform the required testing to accommodate a different commercial product.

The GCCS-A application software code is inherited from the GCCS-Joint software code. The GCCS-Joint baseline is already established, has been tested successfully, and has been fielded to gaining commands. Since Oracle Database software is integrated into the GCCS-Joint baseline system, (which forms the foundation for the GCCS-A), the GCCS-A must use only Oracle database for database structure and management. This renewal is required to ensure that all maintenance remains in force as well as providing the support required to receive the latest patches and software updates. Without the updates GCCS-A would be vulnerable to security risks and unable to receive any patches needed to ensure operations.

As part of the Army Interoperability Certification testing process, the GCCS-A software was approved for fielding and operations by the Director of Architecture Operations Network and Space and the Army Chief Information Officer (CIO)/G-6 Cybersecurity Directorate in two different memorandum dated 5 August 2011 for the current baseline already fielded and 4 January 2013 for the baseline that we are currently fielding. These memorandums specifically state that once a system is certified as Army Interoperable it is under CIO/G-6 configuration management and as such no unilateral changes will be made to the GCCS-A software. This directive prevents any change to the software baseline that includes Oracle Database as one of the components.

The Director of Systems Interoperability, Certification and Acquisition has also approved the GCCS-A software as an authorized component of the Army Interoperability Certified fielded baseline in a memorandum dated 4 February, 2013. This memorandum identifies by specific version each of the software capabilities approved by Headquarters Department of the Army (HQDA) CIO/G-6 for fielding and incorporation into the Army Interoperability Certified fielded baseline.

No other COTS software product will satisfy the Government’s requirements. Failure to purchase the Oracle Database product support will jeopardize the GCCS-A systems currently in the field, to include those supporting Operation Enduring Freedom, as well as those systems that are scheduled to be fielded to gaining units. This maintenance support ensures the systems remain operational. Without GCCS-A, joint commanders will not have the real-time total Army picture of the battlefield needed to command, control and coordinate forces within a battle space. Likewise, the tactical Army commanders will not have critical strategic, theater, or multinational situational awareness information essential for their planning and decision-making on the battlefield. Such lack of situational awareness would jeopardize the success of Army missions and potentially result in serious injury or loss of life to Warfighters.

6. Efforts to Obtain Competition:

Efforts to obtain competition are limited because the Government possesses only a commercial purchase description for the software, the technical data for the licenses is proprietary to Oracle, and the commercial purchase description does not provide enough technical information to allow other vendors to create the functionality of this product. Unless the software itself is changed, the Government is limited to purchasing its maintenance support from the original software developer / manufacturer and its authorized resellers. It is not customary for there to be any subcontracting opportunities in the commercial market place for this type of procurement.

Members of the Software Engineering Center Centralized Acquisition and License Management (CALM) Team conducted market research - details of which are outlined in paragraph 8. In addition to the responses from three of the four CHESS BPA contractors, two (2) responses were received to the pre-award synopsis. Sterling Incorporated and Dynamic Systems, Inc. responded that they are interested in this requirement. The Government verified that they are authorized resellers with Oracle; however, they are not part of the CHESS BPA contract. The Government is therefore limited to the four authorized resellers that are part of the CHESS BPA.

7. Actions to Increase Competition:

Commercial software developers / manufacturers are encouraged to increase the number of authorized resellers. Additionally, upon receipt of the requirement a list of authorized distributors for this software was immediately requested from the original manufacturer. The manufacturer will be encouraged to pursue distribution of its products/services through Small businesses, HUBZone, Service Disabled Veteran Owned, and Woman Owned Small businesses. Market research will be conducted annually on the current baseline to determine if changes occur in the market place that would enable greater competition.

8. Market Research:

Market research was performed by the SEC Software Licenses Acquisition Branch (SLAB) Centralized Acquisition and License Management (CALM) Team in February of 2016. The research was conducted by reviewing information on the Internet search engines from various software sources, reviewing in-house information and searching various Government contract vehicles including the General Services Administration (GSA) Advantage site, the NASA Solutions for Enterprise-Wide Procurement (SEWP) site, the DoD Enterprise Software Initiative (ESI) site and the Army Computer Hardware Enterprise Software and Solutions (CHESS) Federal Supply Schedules. Note: While DTL Solutions is also a provider of Oracle Software Maintenance under CHESS, the company cannot accommodate provide providing all of the software maintenance within this requirement and did not respond to the sources sought. Example: DTL does not offer maintenance for Open System Gateways.

Vendor/Base
Contract
Projected Pricing
Business Type
PM CHESS – Affigent LLC
W91QUZ-09-A-0001
$944,015.75
Small Business, SBA Certified Small Disadvantaged Business, SBA Certified 8(a) Firm
PM CHESS – Mythics
W91QUZ-06-A-0003
$958,723.53
Small Business
PM CHESS – ImmixTechnologies, Inc.
W91QUZ-08-A-0001
$946,059.30
Large Business
GSA Advantage –Mythics
GS-35F-0153M
$958,723.53
Small Business
NASA SEWP V –Sterling
NNG15SC89B
$309,877.32 (Base year pricing only)
Small Business, SBA Women Owned Small Business (WOSB)
NASA SEWP V–Dynamic Systems, Inc.
NNG15SC69B
$307,294.90 (Base year pricing only)
Small Business, SBA Women Owned Small Business (WOSB), 8a

9. Interested Sources:

See paragraph 8.

10. Other Facts:

a. Procurement History:

Vendor/Base
Contract
Award Date
Extend Competed/Authority
Immix Technology, Inc.
W91QUZ-08-A-0001
12/23/2013
Limited Sources

FAR 8.405-6(b)(1)

11. Technical Certification:

I certify that the supporting data under my cognizance that are included in this justification are accurate and complete to the best of my knowledge and belief.

Signature: Mrs. Wendy Prince Date: 12 February 2016 Requirements Planning Officer

12. Requirements Certification:

I certify that the supporting data under my cognizance that are included in this justification are accurate and complete to the best of my knowledge and belief.

Signature: Leslie Lovata Date: 2 March 2016 Chief, Service Contracts

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable, based on the availability of commercial pricing information and price analysis.

Signature: Larry W. Carter Procuring Contracting Officer Date:

14. Procuring Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date:

Procuring Contracting Officer

15. Branch Chief

Signature _________________________ Date _____________________ Kathryn Ortel-Thatcher Title: Branch Chief

16. Special Competitive Advocate

Signature _________________________ Date: _______________________ Cynthia Jackson Special Competitive Advocate

APPROVAL

Based on the foregoing justification, I hereby approve the award of a Firm-Fixed-Priced contract for the brand name purchase of Oracle Database Enterprise Edition CSI# 14288011 Support Renewal for a total of quantity of 1,050,136 for the Global Command and Control System - Army (GCCS-A) programs for one (1) base year and two (2) option years of software maintenance options. The proposed contract will be awarded on other than full and open competition basis pursuant to the authority of 41 U.S.C. 152 (3) and FAR 8.405-6(b)(1) subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition. If the proposed contract action is not completed within 180 days from the below date, this Limited Source Justification (LSJ) shall be returned to the Competition Advocate for revalidation. Additionally, if any changes to the requirements, basis for the justification, market conditions or increases in the estimated value of the proposed action occur at any time, the Contracting Officer shall document these changes in a memorandum and obtain review/concurrence from the Competition Advocate.

Name: Cynthia Jackson Date: March 24, 2016 Title: Advocate for Competition DSN: 848-4844

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