JEFO_Exceeding_SAT_-_IEEE_Library_10DEC18_Redacted.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY19-0042 Rev. 2/5/2015 - 1 -

JEFO No.: FY19-0042

Date: 12/10/18 PR Number:

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security, Office of Chief of Information Office (OCIO)/ has a requirement to renew/continue the Institute for Electrical and Electronics Engineers (IEEE) Electronic Library subscription service. The commercial industry standards are required to ensure compliance with DHS-approved standards as well as providing specifications for design and manufacturing and repair. The subscription provides immediate access to standards, conference proceedings, and journals that are required and otherwise difficult to find.

This is a recurring requirement, and DHS OCIO has been subscribing this service since 2007.

The enterprise subscription licenses multiuser access and provides continued access to specifications and standards for the entire Department. The IEEE Electronic Library collection is a unique resource. The IEEE standards are developed by the IEEE and are only available directly from them. The period of performance for this renewal is December 15, 2018 – December 14, 2019. The anticipated cost for 12 month base period is approximately

. The total estimated cost for the base year is

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

DHS OPO intends to award a task order (base plus four option years) as an exception to fair opportunity to Institute for Electrical and Electronics Engineers (IEEE) for subscription services to the IEEE Electronic Library (IEL) database under its Library of Congress (LC) FEDLINK contract LC14C7013 pursuant to FAR 16.505(b)(2)(i)(B).

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

This is a subscription license between DHS and IEEE to provide access to technical standards, conference proceedings, and journals to which IEEE holds the sole ownership. IEEE will provide DHS with IP access to the licensed content to be made available enterprise-wide with no limitations on simultaneous users. The contract vehicle is the FEDLINK Library of Congress IDIQ Direct Express Contract, No. LC14C7013.

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. [If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical

JEFO No.: FY19-0042 Rev. 2/5/2015 - 2 -

(e.g., in terms of scope, period of performance, or value)]. [Select one and explain rationale below]:

_________FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

X FAR 16.505(b)(2)(i)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. [The justification must demonstrate that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited].

_________FAR 16.505(b)(2)(i)(C). The order must be issue on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. [For logical follow-on, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value)]:

_________FAR 16.505(b)(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

_________FAR 16.505(b)(2)(i)(E). For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

Rationale:

The Institute for Electrical and Electronics Engineers (IEEE) is vital to the mission-essential professional research work of several DHS components. The subscription provides access to research information that is not available in any similar scope. The IEEE Electronic Library (IEL) provides full text access to all IEEE-sponsored conference proceedings, journals, transactions as well as active IEEE standards. It is used for by DHS to develop standards adopted for homeland security requirements and to meet the safety regulations set forth by Congress. The consolidated enterprise subscription is mandated by the DHS Secretary, per Action Directive for Efficiency Review Initiative: Subscription Consolidation.

The vendor is the industry standard by which compliance is measured. The scientific publications DHS requires access to are solely available through this vendor. IEEE, as a standards body, is required for access to industry standards for compliance by all components.

While other vendors may offer the download of scientific publications, the publications are not confirmed to be up to date, may contain drafts or incomplete research, or offer unlicensed content from 3rd-party sites.

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

JEFO No.: FY19-0042 Rev. 2/5/2015 - 3 -

Prices have been previously negotiated by the Library of Congress and were determined to be fair and reasonable at the time of award. The Contracting Officer will verify the price for this effort is consistent with the pricing in FEDLINK Contract LC14C7013.

6. Any other facts supporting the justification.

None at this time.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The Research Library & Information Services (RLIS) program office is constantly performing market research such as reviewing Government and Commercial databases, reviewing professional journals and attending conferences to determine if other products are available in the marketplace that meet the needs of the Government.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

10. Contracting Officer Certification and Approval *

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Date

Contracting Officer

*Note: In accordance with FAR 16.505(b)(2)(ii)(C)(1), proposed orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $700,000, the ordering activity

JEFO No.: FY19-0042 Rev. 2/5/2015 - 4 -contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval. For OPO, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).