A02__JA_Oracle_Hardware_FAR_Part_13___5th_revision_(006)_Redacted.pdf

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Program/Equipment: Distributed Common Ground System – Army (DCGS-A)/Cross Domain Solution Suite (CDSS), Replacement Satellite Configuration Control Equipment (RSCCE) & Intelligence Processing Center 3 (IPC3) & Air Traffic Navigation, Integration and the Coordination System (ATNAVICS) programs for the Software Engineering Center (SEC) Associate Directorate of Intelligence, Electronic Warfare & Sensors (IEW&S)/Oracle Software Maintenance and Technical Support & Sun Solaris Hardware Maintenance and Technical Support

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.501

Prepared by:

Action Officer Date: 01 May, 2019 Software Licensing Branch

Contracting Officer:

Procuring Contracting Officer Date:

ISD-DCGS Technical POC:

Chief, DCGS Sustainment Branch Date:

ATNAVICS Technical POC:

Project Lead, ATNAVICS Date:

Requirements POC:

Team Lead Software Licensing Branch Date:

to fully support the COTS products sold to the Army internally or by Oracle authorized resellers to protect their software copyrights.

7. Actions to Increase Competition: Commercial software publishers are encouraged to increase the number of authorized resellers. Additionally, upon receipt of the requirement a list of authorized distributors for this software is immediately requested from the Software Publisher. The Government encourages the software publishers to pursue distribution and support services of their COTS software product lines through Small, Service Disabled Veteran Owned, Woman Owned, small disadvantaged, certified 8(a) small disadvantaged and Historically Underutilized Business Zone (HUBZone) 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 Software Engineering Center-Office of Acquisition Support (SEC-OAS) Team in April & May of 2019. This research consisted of a review of the U.S. Army Computer Hardware Enterprise Software and Solutions (CHESS), Enterprise Software Initiative (ESI) website Under Request for Quote (RFQ 270099) dated 31 January 2019 through 04 February 2019.

National Aeronautics and Space Administration Solutions for Enterprise Wide Procurement (NASA SEWP) (RFQ# 110279) dated 31 January 2019 through 07 February 2019, and General Services Administration (GSA) Advantage websites (RFQ1348012) dated 31 January 2019 through 08 February 2019 and the Software Publisher website for a list of resellers as well as a general web search. The Software Publisher sent over a list of authorized resellers which are listed below. A CHESS Statement of Non Availability (SONA) was approved for this item under SONA # 216743211 approved on 11 February 2019. DLT Solutions, Inc. (DLT) via “Open Market” Rough Order of Magnitude (ROM) was the only authorized reseller that was able to submit pricing information for all the requirements listed for this purchase. The other authorized resellers indicated they would submit proposals when the solicitation was released. The Software Publisher changed the process for pricing these items to authorized resellers. This caused a problem with vendors responding to the RFQ’s and they informed the Action Officer that they would be ready to respond to the solicitation when it is issued. Oracle has now started a Masters CSI# process in which all licenses for certain customers are now assigned to the master CSI and pricing will be based upon individual licenses and units. DLT Solutions stated that they may quote Option Years when the solicitation was issued. A Sources Sought was posted on August 8, 2019, and the following potential vendors responded as interested parties for future Oracle projects: Lightspeed Technologies, Computer Marketing Associates, and Netraid

Quotes were received from the following vendors via the RFQ’s

Company Name Contract Business Category Quotes Supplied

DLT Solutions, Inc. Open Market

Small Business All Oracle Items

Affigent, LLC Open Market

Large Business

Native American Owned-Minority Owned

ATNAVICS

Only

Mythics, Inc. or

LLC

Open Market

Large Business ATNAVICS Only

Dynamic Systems, Inc.

Open Market

Large Business

Woman Owned Small Business

Did Not Respond Had questions on State Tax. Sent response to KO at ACC

BIAS CORP Open Market

Large Business No Response

Sterling Computers Open Market

Large Business No response

9. Interested Sources: The Government Point of Entry (GPE) notice required by FAR

5.201 for the proposed action will be synopsized on the Federal Business Opportunities (FedBizOpps) Page. Any proposals received will be evaluated.

10. Other Facts:

a. Procurement History:

Contract / DO Number

Contractor Award Date Extent Competed / Authority

W56JSR-18-P-0049 Dynamic Systems 12 September 2018 Brand Name

FAR 13.5

W56JSR-17-P-0050 DLT Solutions, Inc. 15 September 2017 Brand Name

FAR 13.5

W56JSR-18-P-0052 Mythics, Inc. 19 September 2018 Brand Name

FAR 13.5

b. Acquisition Data Availability:

All of the items are standard commercial equipment manufactured and distributed by various companies, multiple warehouses and distributors. The Government can accept brand name or equal, and will provide detailed descriptions of the products with known commercial equipment and tools that fits the correct form, fit and function. The vendors can propose “or equipment” commercial items and provide sufficient technical information to prove the tools and equipment match the description and function.

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.

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.

13. Fair and Reasonable Price 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.

This determination will be made using the following: Price Analysis

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.