08 - SSJ - FAR 13_McCloskey SAM.gov_Redacted.pdf

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FEDERAL ACQUISITION

REGULATION (FAR) 13.5

1. Identification of the Agency and the Contracting activity:

The U.S. Department of Energy (DOE), Headquarters Procurement Services, proposes to enter into a contract on a sole-source basis on behalf of the U.S. Energy Information Administration (EIA), Office of Energy Analysis (OEA), with McCloskey by OPIS, a Dow Jones Company (hereafter referred to as McCloskey) for its McCloskey Energy and Metals Package Product (hereafter referred to as “Energy Package”). This document sets forth the justification for the sole-source acquisition found at Federal Acquisition Regulation (FAR) Part 13.5 in accordance with 41 U.S. Code § 1901.

2. Nature and/or Description of Action being approved:

The EIA intends to award a Firm-Fixed-Price (FFP) order to McCloskey for one base year and two

(2) one-year option periods from September 23, 2024 through September 22, 2027.

EIA requires an order with McCloskey for the McCloskey Energy Package to procure data to model and provide commentary and context around fundamental market conditions for coal markets in key EIA publications including the Annual Energy Outlook (AEO), Short-Term Energy Outlook (STEO), and International Energy Outlook (IEO).

Contract Awardee Information:

Vendor Name: McCloskey by OPIS, a Dow Jones Company Address: 1211 Avenue of the Americas, New York, NY 10036

UEI: Q34UKAD7ZCB4

CAGE: 0U6M1

3. Description of Supplies/Services required to meet the Agency’s needs including the estimated value:

McCloskey’s Energy Package includes information on price, trade, and statistics on international coal trade prices and quantities that form the historical baseline for IEO modeling, as well as tracking of international coal trade. Its North America Coal Markets report provides data, news, and analysis for coal trade for steam and met coal to support domestic forecasts and projections for all EIA Outlook products. McCloskey’s Asia-Pacific Countries (APAC) & Africa Coal Markets and the Greater China Coal Markets provide helpful insights into international coal markets, which is critical to EIA given the importance of these large and growing regions in global coal trade. Finally, its Steel Raw Materials Service is important for understanding met coal market conditions.

EIA’s AEO is published to satisfy the DOE Organization Act of 1977, which requires the Administrator of EIA to prepare annual reports on trends and projections for energy use and supply.

The AEO presents an assessment of the outlook for energy markets through 2050. Data from McCloskey’s Energy Package is crucial to fulfilling EIA’s mandate to provide an unbiased view of energy markets and to promote public understanding of important energy issues. Without this, EIA would not be able to fulfill its obligations to Congress and the public.

REGULATION (FAR) 13.5

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of the proposed price with prices found reasonable on previous purchases.

8. A description of the market research conducted:

Market research was conducted on three levels to determine whether other sources of this data exist.

First, on July 11, 2024, EIA made inquiries to McCloskey about other vendors authorized to sell the McCloskey Energy and Metals Package data. McCloskey responded with a letter dated July 18, 2024 confirming the services are solely provided by McCloskey (i.e. no authorized reseller available). Second, a 15-day Notice of Intent to Sole Source this for these services was posted to SAM.gov on July 18, 2024 and closed August 2, 2024, and no responses were received. Third, EIA analysts remain up to date on the market for data and consulting services through regular meetings with the industry, and EIA is confident that there are no other available sources for the data it requires from McCloskey.

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

N/A

10. A listing of Sources, if any, that expressed, in writing, an interest in the acquisition:

None.

11. A statement of actions, if any, that were taken to remove or overcome any barriers to competition:

No other vendors have been identified or expressed an interest in providing the unique detailed reports that are supplied by McCloskey. If in the future other sources are identified to provide these unique reports, then this requirement will be competed.

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REGULATION (FAR) 13.5

CERTIFICATION:

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Date

Contracting Officer’s Representative Office of Resource and Technology Management U.S. Energy Information Administration

REVIEWS AND APPROVALS:

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

Concurrence:

Contracting Officer Headquarters Procurement Services (MA- 64.1) U.S. Department of Energy

Approval:

Procuring Activity Competition Advocate Headquarters Procurement Services (MA- 64.1) U.S. Department of Energy