Justification_redacted_for_ANSI_april_26_2019.pdf

OPOAM 3013.501(a)(1)(ii)

Sole Source Justification (SSJ) Test Program for Certain Commercial items for procurements pursuant to FAR Subpart 13.5, including Brand Name Template

SSJ No.: FY19-0142

Date: March 27, 2019 PR Number:

Pursuant to the requirements under the authority of the test program for commercial items at 41

U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “sole source justification.”

The Department of Homeland Security (DHS), Office of Procurement Operations, intends to award a sole source contract to the American National Standards Institute

(ANSI).

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

DHS intends to award a sole source contract to ANSI in accordance with FAR 13.501 (a) sole source acquisitions without seeking competition to obtain access to commercial industry technical standards from U.S. standards organizations that are referenced within the Code of Federal Regulations Title 40 – Protection of Environment. ANSI is the developer of the ANSI Collection content, and is the sole provider of said service.

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

This requirement is for a subscription to ANSI licenses to obtain access to commercial industry technical standards from U.S. standards organizations that are referenced within the Code of Federal Regulations Title 40 – Protection of Environment. The industry standards in the ANSI Collection are required to ensure compliance with DHS-approved standards as well as providing specifications for design, manufacturing and repair. The subscription provides immediate access to standards that are required and otherwise difficult to find. The subscription is for 7 sites

The licenses provide continued access to specifications and standards for the entire DHS. The collection of standards from ANSI is a unique resource and no other vendors can provide these subscriptions. The period of performance for this service is April 20, 2019-April

19, 2020 with three one year option periods. The anticipated cost for 12 months is

. The total overall estimated price for four years is http://uscode.house.gov/ http://uscode.house.gov/

Period Unit Price

Base Year 12 mo

Option Year 1 12 mo

Option Year 2 12 mo

Option Year 3 12 mo

Total

4. Identification of the authority. This action is being taken under the authority in accordance with FAR 13.501(a) sole source acquisitions.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

ANSI is a private, nonprofit membership organization supported by a diverse constituency of private and public section organizations. All standards developing organizations own the copyright and/or have the exploitation rights to documents they publish and/or license to ANSI.

ANSI is the official U.S. representative to the International organization for Standardization

(ISO), and via the U.S. National Committee, the International Electrotechnical Commission

(IEC). DHS must meet industry technical standards and other standards that re referenced within the Code of Federal Regulations Title 40 – Protection of Environment and Code of Federal

Regulations Title 1 Part 51 – Incorporation by Reference. DHS considers the use of standards in all rulemakings, incorporates regulation standards whenever required, and continuously reviews regulations to update outdated, obsolete, or unnecessary standards.

ANSI provides unique and highly specialized content in providing the commercial industry standards and exclusive licensing agreement. This agreement is for proprietary content and only

ANSI is the product/services provider of the ANSI Collection content. ANSI standards are recognized as essential requirements to support the mission functions of DHS, including information security, safety, and mechanics.

DHS had been buying standards piecemeal with several components buying the same standards, causing an inefficiency of funds and effort. Coordination of the procurement of standards into a single procurement meets the Efficiency Directive on Subscriptions and provides immediate desktop access to technical specifications required by regulation.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. If the justification covers a brand name item, this section should address compliance with FAR 5.102(a) (6)). A Sources Sought Notice was completed for HSHQDC-15-

P-00040, which is the current purchase order. Only one response was received by the current vendor ANSI. Current market research verified that ANSI is still the only vendor to provide these products. Only ANSI provides the services included with ANSI membership via ANSI license agreement. A Sole Source Synopsis will be posted to FedBizOpps to allow any interested parties to communicate their capabilities.

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 will be fair and reasonable based on comparison of the proposed price with ANSI’s current price list available to the federal agencies and historical pricing.

8. Description of market research.

Market research studied the current market for this service. There are multiple standards-developing bodies which specialize in specific types of technical standards. A survey of the standards’-users across DHS and Components was conducted to obtain a list of the most commonly required standards. The list was used to compare commercial availability of standards form a variety of vendors. One of the most commonly required regulation standards is the ANSI standard. ANSI is the only standards-developing body that develops ANSI standards. There is no other vendor that can provide the subscription to ANSI.

9. Any other facts supporting the justification. None. See previous comments.

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

At this time, ANSI is the only provider.

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.

Commercial services are reviewed each year. The program office requests feedback from the users to determine that the services are still meeting mission requirements. Stakeholder feedback is used for subsequent acquisition in the future. A sole source synopsis will be issued in

FedBizOpps requesting that parties express their interest in writing to the contracting officer. At this time, ANSI is the sole provider of their subscription. If it changes in the future, then competition will be pursued for this requirement.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a).

13. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

to FAR Subpart 13.5, including Brand Name Template