5-SPGMI Data Subscription FY24 - SSJ_FAR 13.5_Redacted.pdf

Federal Communications Commission

Enterprise Acquisition Center

SOLE-SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 13.5

SPGMI - Kagan Media & Telecom Data Feeds

PR ITC2400015

May 13,2024

1. Identification of the agency and contracting activity, and specific identification of the document as a “Sole Source Justification Under Simplified Procedures for Certain Commercial Items (Federal Acquisition Regulation (FAR) 13.5)”

This Sole Source Justification Under Simplified Procedures for Certain Commercial Items justification was prepared in accordance with FAR 13.5 by the Federal Communications Commission (FCC), Headquarters (HQ), Office of the Managing Director (OMD), Enterprise Acquisition Center (EAC) located at 45 L Street NE, Washington, DC 20554. The managing program is the Office of the Managing Director (OMD), Office of the Chief Information Officer

(OCIO).

2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

The purpose of this requirement is to renew the FCC’s existing 2015 agreement for Kagan Media and Telecommunications data feed subscription with S&P Global Markt Intelligence (SPGMI).

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

IGCE

The Period of Performance

06/01/24 - 05/31/25 06/01/25 - 05/31/26 06/01/26 - 05/31/27 06/01/27 - 05/31/28 06/01/28 - 05/31/29

S&P Global Market Intelligence (SPGMI) –Kagan Media & Telecom Data Feeds is a Data-as-a- Service (Daas) subscription that provides an unrivaled resource for comprehensive information on radio stations, networks/TV stations, cable, teleco and satellite operators via a collection of datasets. The MediaCensus querying tools drills down into quarterly subscriber, channel lineup

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

The FCC requires a data retrieval subscription to populate the FCC’s ECD database, that covers a wide range of statistical media and telecommunications industry data to include the following categories:

• Broadcast:

o Radio stations: Information about radio stations, including their frequencies, coverage areas, and ownership.

o TV stations: Similar information as for radio stations but for television broadcasters.

o Station valuations, deals, and trends: Data related to the financial aspects of stations, including their valuations, recent transactions, and industry trends.

• TV Networks:

o Cable networks, premium channels, and broadcast networks: Information about television networks, including their programming, audience reach, and business performance.

• Wireless and Wireline:

o Carriers: Data about wireless and wireline carriers, including their coverage areas, subscriber numbers, and market share.

o Licenses: Information about spectrum licenses held by various companies.

o Markets and subscribers: Data related to telecommunications markets and the number of subscribers served by different providers.

• Multichannel Operations:

o Cable Multiple System Operators (MSOs): Information about companies that operate multiple cable television systems.

o Direct Broadcast Satellite (DBS) operators: Data about satellite television providers.

o Telco TV: Information about television services provided by telecommunications companies.

• Global Multichannel:

o Operators' coverage across global regions and various countries: Data about the international presence and operations of multichannel operators.

• Filmed Entertainment and TV Programming:

o Motion pictures and TV shows: Information about films and television programs, including production details, distribution channels, and revenue generated.

o Distribution and exhibition: Data about how films and TV shows are distributed and exhibited, both domestically and internationally.

o Revenue streams: Information about the various sources of revenue for the filmed entertainment and TV programming industries.

This comprehensive range of data would provide insights into various aspects of the media and telecommunications industries, helping stakeholders make informed decisions and enabling regulatory oversight by the FCC.

These insights could be beneficial:

• Subscriber Market Share Analysis: Understanding the distribution of subscribers among different operators can help identify key players in the market. This knowledge can inform strategies such as targeting specific demographics or regions where certain operators have a stronghold.

• Operator Coverage Evaluation: Assessing the geographical coverage of different operators can be crucial for election campaigning initiatives. It can help determine which areas are well-served and which might need more attention or resources.

• Broadband Speed Assessment: Knowing the average broadband speeds provided by different operators can be vital for understanding the digital landscape of a region. Faster speeds might indicate better infrastructure, which could influence digital campaign strategies or outreach efforts.

By leveraging these insights, campaigners can tailor their approaches to reach target demographics more effectively.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR

5.2 and, if not, which exception under 5.202 applies.

Market research was conducted and the products/services needed to fulfill this requirement in its entirety are manufactured by and proprietary to S&P Global Market Intelligence (SPGMI) and there were no authorized resellers found on NASA SEWP or GSA schedules for this data subscription.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

S&P Global Market Intelligence (SPGMI), provides the best value to the Government by satisfying all the essential technical requirements and the ability to yield substantial costs savings by avoiding traditional methods of software development for features and functions already inherent and commercially available in the Kagan Media & Telecommunication data subscription service. Orders issued under this brand name justification represent the best value to the Government. The Contracting Officer will make the final determination that the price is fair and reasonable by ensuring the price provide to FFC is in accordance with S&P advertised pricing.

8. A description of the market research conducted and the results or the reason market research was not conducted.

Market research was conducted using the following search tools: GSA’s Interagency Contract Directory (ICD) as well as NASA SEWP Provider Lookup. In addition, the Government conducted market research by emailing several contract vendors, contacted the Original Equipment Manufacturer (OEM), and reviewed the OEM’s website.

The market research and technical study revealed that the OEM, S&P Global Market Intelligence (SPGMI), was the only data subscription that met all of the essential data requirements for the various data feeds needed for the FCC’s Electioneering Communications Database (ECD).

Additionally, the OEM is the sole manufacture and own of the license datea that contains copyrighted information that cannot be provided by any other vendor.

The recommendation of this analysis is a sole-source award to the OEM, SPMGI.

9. Any other facts supporting the use of sole-source/brand name.

None. The award should be made to the OEM, sole source provider, SPGMI.

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

None. The unique nature of this requirement can only be satisfied through a non-competitive procurement.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

In an effort to remove barriers to competition, the FCC will continue to conduct Market Research in accordance with FAR part 10, check required sources prescribed in FAR part 8, and review mandatory sources to include GSA Federal Supply Schedules. Additionally, the FCC will utilize any opportunities for Sources Sought Notices and/or Requests for Information (RFIs) to determine if other manufacturers or resellers are available to satisfy this requirement. Additionally, as emerging technologies become commercially available, the Government will conduct technology feasibility studies, and/or conduct prototype/pilot tests to determine if newer products can replace existing products operating within the FCC’s IT environment.

Certification

Technical Representative/Contracting Officer Representative (COR) 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.