JA_FAR_Part_6_RS Means_FBO.docx

Justification &Approval (J&A) Justification For Other Than Full And Open Competition 41 U.S.C. 3304

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Federal Emergency Management Agency (FEMA) Office of the Chief Administrative Officer (OCAO) with the Office of the Chief Procurement Officer (OCPO) IT Section proposes to enter into a contract on a basis of other than full and open competition.

2. Nature and/or description of the action being approved.

(a) Type of action: Firm Fixed-Price Purchase Order (PO)

(b) Amount: $209,181.00

(c) Type of funding: Annual

(d) Year of funding: FY 20

(e) Other brief descriptive words and phrases: FEMA intends to procure on a sole source basis RSMeans software that is proprietary to the manufacturer. The manufacturer, RS Means, is owned by the Gordian Group Inc and is the only company that provides this software.

The Gordian Group Inc.

30 Patewood Dr Bldg 2 Ste 350

Greenville, SC, 29615-6807

DUNS: 868729716

CAGE Code: 0ZKV8

3. Description of Supplies/Services.

FEMA OCAO has a requirement to procure RSMeans Data CostWorks software license to allow FEMA’s Real Property Reporting Software (TREMS) access to it’s proprietary construction cost estimating information, upgrades and support for a total cost of $209,181.00 including options.

4. Identification of statutory authority permitting other than full and open competition. Cite the authority under one of the “seven exceptions” listed under FAR 6.302.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) pursuant to FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the nature of the acquisition require use of the authority cited.

RSMeans, owned by the Gordian Group, is the sole manufacturer and distributor of the RSMeans license FEMA intends to procure. FEMA OCAO requires RS Means data and functionality to do cost estimates and there are no other brands that could satisfy their needs. There are no other companies that provide or resell RSMeans products as well. RSMeans products have already been successfully used in FEMA’s IT environment and is approved by the FEMA Office of the Chief Information Officer (OCIO) to be used. The use of other products could result in interoperability, compatibility and interface issues.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

FEMA intends to make this justification publically available pursuant to FAR 6.305 on FedBizOpps 14 days after award.

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

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on a comparison with the IGCE in accordance with FAR 15.404-1(b)(2)(v).

8. Description of market research.

The internet was searched for a list of contractors that could provide the RSMeans software. Market research showed that only the Gordian Group could provide the service and there are no other distributors but the manufacturer.

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

N/A

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

The Contracting Officer competed the requirement on the Department of Homeland Security’s (DHS) Strategic Sourcing Vehicle First Source II Small Business track for quotes and received no quotes because there are no resellers of RSMeans.

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 supplies or services required.

N/A

J&A Other Than Full and Open Competition

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