08. JOFOC - SP Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR)

12.102(a)

1. Identification of the agency and the contracting activity.

The Department of Energy (DOE), Office of Headquarters Procurement Services (MA- 64), located in Washington, DC proposes to issue an award by means of other than full and open competition. This action is in support of the Office of Energy Information Administration (EIA), Assistant Administrator of Energy Analysis (OEA) and Assistant Administrator of Energy Statistics (OES). This document sets forth the justification for other than full and open competition in accordance with the Federal Acquisition Regulations (FAR) 12.102(a), "Restricting Competition," and 41 United States Code 1901 and 3304(a)(1), (as revised by the Revolutionary FAR Overhaul (RFO) and implemented by DOE/NNSA class deviation).

2. The nature and/or description of the action being approved, e.g., sole source, limited competition, establishment of a new source, etc.

The proposed action is for a new sole-source acquisition for subscribe to Market Intelligence Energy Desktop and Feed (MI Feeds/API – SNL Asset Data, SNL Energy and S&P Capital IQ PRO Desktop) provided by S&P Global Market Intelligence LLC.

The projected period of performance is for one year Base Period as follows: 05/02/2026 to 05/01/2027. The total Government estimate for the support is The award will be issued on a Firm-Fixed price basis.

Vendor Information

Contractor Name: S&P GLOBAL MARKET INTELLIGENCE LLC (S&P Global) Address: 55 Water ST 40 FL, New York, New York 10041-0004 Unique Entity ID (UEI) No.: UL7DJQBXG915 Performance Period: 05/02/2026 to 05/01/2027 Estimated Total Value (Including All Options):

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

S&P Global shall provide access to its database in accordance with the data license agreement. This will allow EIA to download data from an integrated market analysis and energy news platform focused on wholesale and retail natural gas and electricity to support EIA’s collection, statistical estimation, analysis, short and long-term modeling, geographic information services (GIS) and mapping, data validation, publications and other reporting to meet the agency’s mission. This product suite will provide EIA access to detailed energy market intelligence reports and news, support republication of natural gas and electricity price indices, leverage information on energy infrastructure capacity additions and retirement, and provide other tools in support of EIA’s data collection programs, reports, and high visibility products use the data in various applications within EIA. The costs are estimated at: .

4. The statutory authority permitting other than full and open competition.

41 U.S.C. § 3304 (a)(1), as implemented by FAR 12.102(a), “Restricting Competition.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires using the authority cited.

Only One Source Reasonably Available -- FAR 12.102(a), 41 U.S.C. § 3304(a)(1).

Based on market research, no other vendor can currently provide all the services provided by S&P. EIA would have to severely curtail its published forecasts and analysis without

it. This subscription provides essential information for compliance with several legislative mandates, which are not consolidated and available from any other source.

S&P Global has extensive experience providing, for both domestic and international clients, data related to examining forward market price trends, producing and validating maps and providing energy price data to integrate into EIA products like Today in Energy’s Price page, energy dashboards, the Daily Energy Report and use in other EIA commentary and applications.

6. A description of efforts to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by FAR Part 5 and, if not, which exception under FAR Part 5 applies.

EIA would have to severely curtail its published forecasts and analysis without it. This subscription provides essential information for compliance with several legislative mandates, which are not consolidated and available from any other source.

o Energy Supply and Environmental Coordination Act 15 U.S.C.§796 (c)(2) o Department of Energy (DOE) Organization Act, Section 205, 42 U.S.C. §

7135, et seq.

o Federal Energy Administration Act (PL 93-275), Section 142, 15

U.S.C. §790

A notice of intent to sole source this award was synopsized on 1/30/2026 in the System for Award Management (http://www.sam.gov) in accordance with the requirements for FAR RFO 5.101(b)(2). The closing date for this notice was 2/13/2026 and one response was received.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this JOFOC will be fair and reasonable based on historical order pricing.

Additionally, the fairness and reasonableness of the cost/price will be based on an analysis of the contractor’s cost/price proposal, including backup information supporting the cost/price with prior similar contracts and market research. It is anticipated this analysis will be conducted using experienced technical representatives, contract specialists, and field pricing support.

8. The market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted.

EIA conducted market research by reviewing prior procurement history and found that S&P Global was the only source in the past found to meet all of EIA’s requirements and other federal agencies with similar data access needs. Additionally, EIA conducted internet/business database searches and found S&P Global’ s data was widely quoted as an authoritative source in academic and business journals for developments in the energy sector. Second, EIA has a current purchase order with S&P Global for subscription to Market Intelligence Energy Desktop and Feed (MI Feeds/API – SNL Asset Data, SNL Energy and S&P Capital IQ PRO Desktop). The pricing quoted for the same subscription aligns with the Independent Government Estimate.

EIA continuously conducts market research for new data providers, and should any other vendors offer the same breadth of real-time data, analyses, tools, research, and sources as S&P Global, then the requirement will be competed.

9. Any other facts supporting the use of other than full and open competition.

EIA would have to severely curtail its published forecasts and analysis without it. This subscription provides essential information for compliance with several legislative mandates.

o Energy Supply and Environmental Coordination Act 15 U.S.C.§796 (c)(2) o Department of Energy (DOE) Organization Act, Section 205, 42 U.S.C. §

7135, et seq.

o Federal Energy Administration Act (PL 93-275), Section 142, 15

U.S.C. §790

EIA Analysts have confirmed a loss of this specific service will result in a diminished ability to meet the Department’s Congressionally mandated responsibilities.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

The following companies expressed a written interest in this acquisition:

Company Company Size (Large, Small, SDVOSB, etc)

VESEQU LLC Small

S&P Market Intelligence is the exclusive owner and distributor of SNL Energy services (via Capitol IQ Pro and Feed). This service of comprehensive data, news, research, and analytics specifically focused on the energy sector, including detailed coverage of energy assets, market trends, and regulatory developments is wholly proprietary to S&P Market Intelligence and cannot be licensed, resold, or replicated by any third party. While VESEQU identifies S&P Global as a data partner, per an email from Account Manager Wendy Lee, S&P does not have resellers.

A comprehensive search for a partnership, affiliation, or redistributor agreement between VESEQU and S&P Global yielded no results. S&P Global’ s affiliates are typically well-documented and include major entities like S&P Dow Jones Indices, CRISIL, and various national rating agencies. VESEQU does not appear on any available lists of S&P Global partners or affiliates.

S&P’s IQ Pro is S&P’s intellectual property and cannot be sourced through an intermediary or through alternative vendors. EIA’s requirements are specifically met through IQ Pro’s data fields, identifiers, and methodologies.

VESEQU's Capability Statement shows a difference in content, coverage, and consistency that would undermine the EIA's analytical and research objectives. While VESEQU claims to offer a broad range of services, a detailed review reveals significant gaps when compared to the comprehensive, proprietary data and analytical tools provided by S&P. Specifically, S&P offers unique datasets on energy infrastructure, regulatory impact analysis, and geopolitical risk assessments that are developed through their exclusive research methodologies and extensive network of industry experts. These proprietary elements are critical for the EIA's compliance with legislative mandates and for maintaining the integrity of its published forecasts and analysis. VESEQU's statement lacks depth and specificity in these crucial areas, and their proposed alternatives do not demonstrate an equivalent capacity to deliver the same level of granular, timely, and validated information. The absence of these proprietary S&P components from VESEQU's offerings means that the EIA would face a severe curtailment of its capabilities, impacting its ability to fulfill its mission and meet legislative requirements effectively.

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

No other vendors have been identified as capable of providing the uniquely detailed real-time data, research, sources, and systems/tools that are supplied by S&P Global and currently required for EIA to meet its congressionally mandated requirements for analysis, reports, and publications.

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CERTIFICATION

The information contained in this Justification for Other than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.