IEEE EFO-2024-016 Final_Redacted.pdf

EFO-2024-016

Rev.: 2/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

NASA Shared Services Center (NSSC)

Justification for an Exception to Fair Opportunity

Description of the action being approved:

This justification documents the basis for issuing a sole source Delivery Order under the Federal Library and Information Network (FEDLINK) Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Contract Number LCFDL24D0008 using an Exception to the Fair Opportunity process.

Description of the supplies or services required to meet the agency’s needs:

The NASA Shared Services Center (NSSC) has a requirement for an Agency-wide Online Subscription for the Institute of Electrical and Electronics Engineers, Inc.’s (IEEE) IEEE/Institution of Engineering and Technology (IET) Electronic Library (IEL) for the NASA Library Group. The subscription provides full desktop access to all personnel and users at the following NASA Centers and associated facilities: Ames Research Center (ARC), Armstrong Flight Research Center (AFRC), Glenn Research Center (GRC), Goddard Space Flight Center (GSFC) (including Independent Verification and Validation [IV&V] Facility and Goddard Institute for Space Studies [GISS]), Headquarters (HQ), Johnson Space Center (JSC) (including White Sands Test Facility [WSTF]), Kennedy Space Center (KSC), Langley Research Center (LaRC), Marshall Space Flight Center (MSFC), and Stennis Space Center (SSC). The NSSC proposes to issue a Firm-Fixed Price (FFP) Delivery Order with the IEEE for the renewal of an Agency-wide subscription to IEEE/IET Electronic Library (IEL). This action will be performed against The Federal Library and Information Network (FEDLINK) Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Contract Number LCFDL24D0008 (Direct Express Option). The Period of Performance will consist of a one-year base period, four (12) month option periods, and the six (6) month option to extend services under FAR 52.217-8. Assuming the exercise of all options, the period of performance will be September 1, 2024, to February 28, 2030.

This procurement is for the sole source renewal of the Agency-wide subscription services to the

IEEE/IEL.

The subscription will consist of the following:

Unlimited, full-text access to all IEEE journals, transactions, and magazines.

All IEEE conference proceedings, all Verband der Elektrotechnik (VDE)/Verlag conference proceedings, and all IET journals and Conference proceedings.

All active and historical IEEE standards.

Online access will be for unlimited authorized users at all NASA specified locations through the IEEE Xplore Digital Library, http://ieeexplore.ieee.org.

Unlimited, full-text access to more than four million documents Documents delivered in PDF and HTML (as available) formats

Rev.: 2/2021

Highly-cited, peer-reviewed research including:

• Over 1.3 million articles from 206 top-cited IEEE journals, magazines, and transactions

• Over 4.2 million conference papers from as far back as 1936, with up to

200,000 added each year

• Approximately 5,000 IEEE standards documents in key technology fields, with the option to add draft standards

• IEEE Redline Versions of Standards

• Access to seminal articles from Bell Labs Technical Journal archive

• Access to articles from IET's Engineering and Technology (E&T)

Magazine as well as proceedings from IET conferences and events

• Access to more than 18,000 papers from select VDE conferences

• Access to articles accepted for future publication

• Backfile to the late 1800s for select titles

• Abstract/citation and bibliographic records for subscribed content

• Robust search tools with a user-friendly interface

• Free training and technical support

• Unlimited article downloads

• Daily updates with approximately 20,000 new IEEE documents added each month

The total Independent Government Cost Estimate (IGCE) for this requirement is and is inclusive of all Option Periods. This encompasses unlimited access for all NASA Civil Servants (approximately 18,000) and Contractors (excluding JPL). The market research quote is customized to include discounted pricing for all centers rather than a single-site price.The cost estimate is provided below:

Identification of Exception to Fair Opportunity:

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.

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.

FAR 16.505(b)(2)(i)(C), The order must be issued 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.

BASE

9/1/2024 - 8/31/2025

Option 1 9/1/2025 - 8/31/2026

Option 2 9/1/2026 - 8/31/2027

Option 3 9/1/2027 - 8/31/2028

Option 4 9/1/2028 - 8/31/2029

Option to Extend

Services Total

Rev.: 2/2021

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.

FAR 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

Supporting Rationale:

Per the Sole Source letter provided by IEEE on July 17, 2024, IEEE has rights to the material contained in the IEEE IEL and is the only vendor with the legal rights to publish and distribute the material worldwide.

Section 103 of Public Law 106-481 (2 U.S.C. 182c) authorizes FEDLINK to provide services to federal agencies entitled to use federal sources of supply. NSSC Procurement intends to utilize FEDLINK’s Direct Express option to place its order for IEEE services for the period of 09/01/2024 to 02/28/2030 (assuming the exercise of all options). Under the Direct Express option, agencies are permitted to cite the FEDLINK contract number on the order and send the order directly to the vendor. The FEDLINK IDIQ has already established each vendor as the sole source of its individual products and services. Consequently, the authority at FAR 5.202 (a)(11) permits the subject services to be renewed with FEDLINK without being synopsized.

The NASA Library community requires unlimited full-text access to all IEEE journals, transactions and magazines, IEEE conference proceedings, VDE/Verlag Conference Proceedings, IET Journals and Conference Proceedings, as well as all active and historical IEEE Standards. Online access will be for unlimited authorized users at all NASA specified locations through the IEEE Explore Digital Library, http://ieeexplore.ieee.org. NASA requires compliance to IEEE standards for various projects such as engineering, electrical, technology, etc. These standards guarantee that parts used in NASA missions meet performance criteria and are reliable. For example, some of NASA’s Electrical, Electronic, and Electromechanical (EEE) Instructions outline the quality assurance requirements for selecting, testing, and drafting EEE parts for spaceflight projects. IEEE standards set specifications and best practices based on current scientific and technical knowledge. The NASA Online Directives Information System (NODIS) Library contains numerous NASA Procedural Requirements (NPRs) sourced by IEEE.

IEEE allows scientists and engineers to access high quality research and development resources that enable innovation and improve productivity. Utilizing the IEEE platform allows engineers to stay aware of the most up to date technology and locate reliable, high-

Rev.: 2/2021 quality materials that can expedite projects. The platform has tools available that allows collaboration among research professionals as well as the option to save key documents related to projects. Costs are reduced by eliminating the need to purchase content individually and potentially performing research on topics that have already been cited. Loss of access to IEEE/IET would adversely impact NASA’s scientists’ and engineers’ ability to stay current with new standards, findings, and trends worldwide.

Determination that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer will ensure that the resulting contract award cost/price is fair and reasonable, per FAR 15.4, by comparing the contractor’s quote to the IGCE, by reviewing historical pricing, and by reviewing the FEDLINK IDIQ pricing. Additionally, NASA will request that any discounts be provided by the vendor. With all of these factors combined, the Government can be assured that it will be receiving fair and reasonable pricing for this requirement.

Other Facts:

The NSSC performed market research of the NASA Solutions for Enterprise-Wide Procurements (SEWP) V System, General Services Administration (GSA), and a targeted internet search for the required subscription services. Results indicate IEEE is a single-source vendor and there are no value-added resellers for the IEEE/IEL. The vendor provided a letter on July 17, 2024, stating that IEEE has rights to the material contained within the IEEE Electronic Library and is the only vendor with the legal rights to publish and distribute the material worldwide.

A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

NASA will continue to examine the market in the future for alternative solutions before executing any subsequent contract actions for the requirement herein. However, due to the specialized nature of this requirement, there are no known actions which the Agency may take to consider other manufacturers for the requirements described herein at this time.