AWARD
70 -- Oracle Maintenance and Support - Award 47PA0118C0005
- Notice Date
- 6/1/2018
- Notice Type
- Award Notice
- NAICS
- 334111
— Electronic Computer Manufacturing
- Contracting Office
- General Services Administration, Public Buildings Service (PBS), CO Acquisition Services Division (47PA01), 1800 F Street, Room 6318, Washington, District of Columbia, 20405, United States
- ZIP Code
- 20405
- Archive Date
- 6/14/2018
- Point of Contact
- Laurie A. Schimmel, Phone: 202-501-2977
- E-Mail Address
-
laurie.schimmel@gsa.gov
(laurie.schimmel@gsa.gov)
- Small Business Set-Aside
- N/A
- Award Number
- 47PA0118C0005
- Award Date
- 5/30/2018
- Awardee
- Oracle America, Inc.
- Award Amount
- $1,977,672.14
- Description
- Justification for Other than Full and Open Competition Oracle Maintenance and Support award document This requirement is in support of the General Services Administration (GSA), Chief Information Officer (CIO), GSA IT Vendor Management Office and the GSA Acquisition Services Division, 1800 F Street, NW Washington, D.C. 20005. The Contracting Activity is General Services Administration (GSA), Public Building Service (PBS), Acquisition Services Division, 1800 F Street, NW, Washington, D.C. 20005. As part of an ongoing GSA goal to consolidate any existing Oracle purchases and support amongst the GSA organizations, GS-P-00-15-CY-0006 was awarded on behalf of the GSA IT Vendor Management Office for maintenance services related to GSA's Oracle software licenses. The licenses for which maintenance support is required were purchased over the past ten years by multiple GSA organizations. Oracle software is installed to support mission critical agency business operations. Maintenance services include staffing a help line desk, providing update security patches as available, etc. The Task Order was awarded to a certified small business distributor of Oracle software on Schedule 70 for a base year and two - one year option periods. On November 30, 2017, the period of performance ended on the Task Order. Throughout the entire period of performance GSA-IT and Oracle negotiated unresolved issues regarding the actual number of Oracle licenses in use by GSA. Prior to the end of the period of performance, on November 22, 2017, Oracle agreed to continue providing maintenance services under the standard commercial practice known as a "grace period" while negotiations continued between GSA and Oracle. Oracle has provided maintenance services under the "grace period" and GSA has had constant access to the help desk and other maintenance services December 1, 2017- March 31, 2018. The GSA CIO has been in discussions with Oracle to switch the Agency to an Oracle Enterprise License Agreement (ELA), and as part of that new ELA was to include paying for the prior "grace" periods. In February 2018 negotiations broke down and the GSA Administrator decided to transfer the completion of the ELA to Fedsim and that PBS would finalize the "grace" period payment under a separate modification through March 31, 2018. GSA provided a modification for $1,977,672.14 under immixTechnology contract GS-P-00-15-CY-0006 to cover the "grace" period under that contract's terms and conditions. ImmixTechnology and Oracle refused the modification stating that the "grace" could not be an extension because immixTechnology's Schedule 70 reseller agreement with Oracle was expired and Oracle would not agree to an extension. On May 8, 2018, Oracle stated that the only way left for GSA to pay for the "grace" period is directly to Oracle with new open market terms and conditions. GSA legal and Oracle legal have attempted to reach acceptable terms and conditions to apply to a new award for this payment, but GSA is not accepting any new terms and conditions for services already rendered. Due to an inability to agree upon terms and conditions with Oracle, GSA and Oracle agreed that a direct order with Oracle with no new terms and conditions would be the only way to pay for the "grace" period. Oracle provided a quote to GSA on May 23, 2018, to allow for an open market contract award to Oracle to pay the previously quoted amount of $1,977,672.14 for maintenance services during the "grace period", with no new terms and conditions, just to provide the payment. GSA legal and Oracle legal agree this is the last possible path. If these services are not paid for by May 31, 2018, Oracle will not allow the new ELA contract award. The estimated new ELA date is June 1, 2018, but GSA will not have maintenance services until the new ELA is in place. Reinstatement of services will be included in the new ELA as the "grace" period ended March 31, 2018.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/notices/80b1899e90206bbec062f74d56758636)
- Record
- SN04941369-W 20180603/180601230921-80b1899e90206bbec062f74d56758636 (fbodaily.com)
- Source
-
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