J&A-REDACTED.pdf

United States of America

Federal Trade Commission

Washington, DC 20580

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION (FAR 13.501)

1) Identification of the agency and the contracting activity:

Requiring Agency: Federal Trade Commission, Library – 0616-04

Ordering Activity: Federal Trade Commission

Acquisitions Branch

600 Pennsylvania Avenue, NW

Washington, DC 20580

Contracting Officer: Len Nadybal, Contracting Officer

Phone: 202-326-2298

Email: contracting lnadybal@ftc.gov

2) Nature and/or description of the action being approved:

The Federal Trade Commission intends to award a one-year (12-month), firm fixed price contract to CCH Incorporated to provide subscription and data services to CCH Trade

Regulation Reporter (TRR).

3) A description of the supplies or services required to meet the agency's needs:

The Anticompetitive Practices Division of FTC’s Bureau of Competition requires access to Trade Regulation Reporter. The TRR provides continuously updated data regarding mergers, monopolies, antitrust laws, trade regulations, FTC decisions, federal and state laws, dockets, rules and guides, and case summaries. Access to this data is vital for the

FTC staff in performing the oversight and investigatory responsibilities of the Agency as it relates to antitrust and trade regulation matters.

4) An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is Title 41 U.S.C.

3304 as implemented by the Federal Acquisition Regulation (FAR) Part 13.501 Only one responsible source and no other supplies or services will satisfy agency requirements.

JOFOC PR #0616-CA18-0037 CCH Trade Regulation

5) A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited:

The data provided by TRR is proprietary to CCH Incorporated; therefore CCH

Incorporated is the only provider of Trade Regulation Review.

6) A description of efforts made to ensure that offers are solicited from as many potential sources as is 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:

Pursuant to the requirements of FAR 5.201(b)(1)(i), the FTC will post a special notice to

FedBizOps (fbo.gov) announcing its intention to award a sole source contract to CCH

Incorporated.

7) A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable:

The Government will determine price reasonableness prior to making an award, by comparing the price submitted to the commercial prices contained on the vendor’s website. Furthermore, the Government will evaluate by comparing the price submitted to previous purchase orders for acquisitions similar in scope. Based on the information above, the Government anticipates the price of the subscription and data will be fair and reasonable.

8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted

Market research was conducted in accordance with FAR Part 10 to determine potential sources for acquiring the required data. The FTC Division offices identify sources for publications and data (both online and hard copy) that are needed to facilitate the fulfillment of their responsibilities. Because of the regulatory responsibilities of the agency, the required subscriptions and data are very unique and very highly specialized.

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

Not applicable

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

There are no known additional sources at this time.

JOFOC PR #0616-CA18-0037 CCH Trade Regulation

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.

Subsequent acquisition will be evaluated for additional sources on a case-by-case basis.

CERTIFICATION

Certifications and Approvals:

In accordance with FAR 6.303-1(c), technical and requirements personnel are responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition. Signatures below serve as that certification:

In accordance with FAR 6.304(a)(1) by signature below the Contracting Officer certifies this justification is accurate and complete to the best of his/her knowledge

Technical Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Jack Cunningham, COR Date

Contracting Officer

I have reviewed the justification and it is hereby approved.

Leonard Nadybal, Contracting Officer Date