RS Means J&A.pdf

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

BLS/DAS BLS/OPLC

2 Massachusetts Ave, NE 2 Massachusetts Ave, NE

Room G225 Room 3840

Washington, DC 20212 Washington, DC 20212

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This justification authorizes and approves issuance of a 1 year purchase order to RS Means Company

LLC.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS:

The Office of Prices and Living Conditions (OPLC) at the Bureau of Labor Statistics (BLS) requires a one year purchase order for data and services to aid in updating four regional (Northeast, South, Midwest, and West) warehouse building cost models for the calculation of mission critical indexes.

Estimated value $28,854.00.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

Identification of the justification rationale is 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

For the reasons cited below in Section 5 and Section 6, RS Means Company LLC is uniquely positioned to provide office building data to the Bureau of Labor Statistics.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUSITION REQUIRES USE OF THE

AUTHORITY CITED:

The vendor developed the cost models for “New Warehouse Building Construction” and has provided updated cost information on a quarterly basis for the past four years. Thus the current vendor is the only company with the ability to provide BLS with updated cost information. These models are unique to RS

Means because they were created by them specifically for BLS using RS Means “in house” components. Since the components are “in house” there is no other vendor that is able to update the costs in the models (which is what we are purchasing).

BLS needs one year’s (four quarters) worth of “cost updates” to insure the continuous calculation of the

Producer Price Indexes (PPIs) for “New Warehouse Building” construction until the next contract goes into effect. Without this purchase, the calculation and release of this industry index (which is mission critical) would lapse. Thus market research yields no other viable source for providing cost update. BLS needs to purchase one year’s worth of cost update so that we can continue index calculation specific to this data.

6. A DESCRIPTION OF EFFORTS TO OBTAIN COMPETITION TO ENSURE THAT

OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY

SUBPART 5.2 AND IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES:

After performing market research, RS Means Company LLC is the only organization that produces this data. A request for information was publicized in accordance with FAR 12 on Beta.Sam.gov. BLS only received a response from RS Means Company, LLC.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNEMENT WILL BE FAIR AND REASONABLE:

It is anticipated that the cost will be similar to previous yearly data purchases from RS Means

Company LLC, and are therefore a total price of $28,854 is found to be fair and reasonable.

8. A DESCRIPTION OF MARKET RESEARCH CONDUCTED (PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED:

On January 15, 2020 procurement posted an RFI in accordance with FAR 12 on FBO to inquire about interest in this requirement. RS Means Company LLC was the only contractor that responded to the

Request for Information. RS Means is not a small business. Market research was conducted to inquire about business sizes under the intended NAICS code for the solicitation, 541990. Based on the market research performed, there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery as referenced in FAR 19.502-2 Total small business set-asides. Thus, this procurement will not be a competitive small business set-aside.

9. ANY OTHER SUPPORTING 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:

11. A STATEMENT OF THE 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: