Dodge_Data_Justification-for-Sole-Source_Competition_Advocate.pdf

19-12 Contract 86546A1 9C0002

TEMPLATE FOR FAR PART 13 J&As SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS (FAR SUBPART 13.5)

Justification for Sole Source or Brand Name U.S. Department of Housing and Urban Development

Under Simplified Procedures for Certain Office of the Chief Procurement Officer

Commercial Items (FAR Subpart 13.5)

PART 1 — JUSTIFICATION (to be completed by requesting office) This acquisition is conducted under the authority of the Simplified Procedures for Certain Commercial Items (section 4202 ot the Clinger-Cohen Act of 1996) or the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a) — Sole Source (including brand name) Acquisitions.

Description of services required to meet agency’s needs [describe]: This is a Unique online tool from Dodge Data & Analytics that allows the user access to various housing related data, pipeline analytics and pipeline residential data by geographic area throughout the county. These data and research products will be used by HUD’s field economists in the Economic and Market Analysis Division in their ongoing studies of local housing market conditions by providing necessary market data, particularly relating to residential housing construction information.

Total estimated cost of this order [include all costs of the proposed acquisition, e.g., options, systems life costs, etc. ; total will determine the approval level needed]: $ 1,300,000 for a base and 4 options.

Sole Source (see FAR Section 13.501(a))

Consideration for this simplified acquisition under the Simplified Procedures for Certain Commercial Items must be limited to the following source(s) [provide names, addresses and points of contact or attach separate sheet as needed]:

Dodge Data & Analytics, 300 American Metro Blvd. Ste 185, Hamilton, N.J 08619-2371. PoInt of contact: Carolyn Aliaga, carolyn.aliaga@construction.com

Circumstance justifying acquiring the services using a sole source acquisition (check those that apply):

Only one source is capable of responding due to the unique or specialized nature of the work (see FAR 13.501(a)(2).

fl This Is a follow-contract for the continued development or production of a major system or highly specialized equipment, Including major components thereof, and supplies are available only from the original source. It is likely that award to any other source would result in --

El (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

El (B) Unacceptable delays in fulfilling the agency’s requirements.

Attachments [provide the following information]:

LI Requiring agency: U.S. Department of Housing and Urban Development Office of Policy Development & Research 451 71 Street, SW, Room 8120 Washington, DC 20140

LI Nature/Description of action being approved: Request approval of a sole source award to the incumbent, Dodge Data & Analytics LLC, for an online subscription to Pipeline Research Data of local housing market conditions throughout the United States.

LI Comprehensive description of services required to meet agency’s needs (including the estimated value): $1,300,000.00

LI Identification of statutory authority permitting other than full and open competition:

FAR 13.501(a)(1)(ii): under the authority of the test program for commercial items Csection 4202 of the Clinger-Cohen Act of 1996) or the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a) — Sole Source (Including brand name) Acquisitions.

LI Demonstration that proposed contractor’s unique quaiifications or nature of the acquisition requires use of authority cited:

Other providers of multi-family data do not include the level of coverage that Dodge Data provides in terms of the number of variables available for economic analysts to access, in the timely manner as Dodge Data, the market areas covered or offer the additional market analysis and pipeline information. The online nature of the, Dodge Data & Analytics LLC database will allow HUD’s field economists to access the data they need for specific geographic areas across the country when they need it. In addition to providing pipeline data,, Dodge Data & Analytics LLC also provides data analytics, and pipeline residential data.

Dodge Data & Analytics LL.C Is exclusively a United States firm and other than a small business.

U Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or wiii be publicized as required by FAR Section 13.501(a)(1):

Notice of intent to sole source was posted to the GPE on November 21, 2018. See Description of Market Research for results of the Notice of Intent.

U Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable:

It is expected the annual price will be not be higher than that availabte commercially or afforded to other, Dodge Data &

Analytics LIC customers.

LI Description of market research efforts conducted and the results or a statement of the reason market research was not conducted:

ThIs requirement is expected to exceed the simplified acquisition threshold. A Notice of Intent to Sole Source was posted on Fed8izOpps on November 21, 2018 with a response required by December 12, 2018. The purpose for the notice was to determine if there were any other businesses with the capability to provide a residential construction pipeline database subscription and to determine whether this acquisition could be set-aside for small businesses. The Contracting Specialist did not receive any response for the Notice of Intent that was posted on FBO for three weeks.

The Economic and Market Analysis Division (EMAD) economists and technical experts have performed research and provided a report. Their report indicates that there are several different types of pipeline databases, such as commercial construction, financial, and information technology, but only two businesses (Dodge Data & Analytics LLC and Reed Construction) were found that provide residential construction information and data outlined by this requirement. Of those two, only one (Dodge Data & Analytics LLC provides the ability to search and sort national data by the 0MB defined Metropolitan Statistical Areas.)

The market research conducted by both EMAD and the procurement office revealed that only, Dodge Data & Analytics LLC maintains a database containing all the data elements necessary to develop housing market analysis reports. The, Dodge Data & Analytics LIC database is not only comprehensive, but also contains Information covering decades of years and uses a very user-friendly interlace. Additionally, the database Is Metropolitan Statistical Area ready. Although there are many different types of pipeline databases, only the, Dodge Data & Analytics LIC subscription will fulfil the need for housing related data, pipeline analytics, and pipeline residential data by geographic area throughout the country.

U Other facts supporting the use of other than full and open competition (and if a follow-on, an estimate of the cost to the government that would be duplicated and how the cost was derived: N/A

Listing of the sources, if any, that expressed, in writing, an interest in the acquisition: None

Statement of actions to remove or overcome any barriers to competition before any subsequent acquisitions.

The Office of the Chief Procurement Officer posted a Notice of Intent for three weeks on FBO and did not receive a single response. Additionally, the Office of the Chief Procurement Officer (OCPO) will work closely with PD&R to monitor the commercial market for new sources that become available to purchase subscriptions to residential construction pipeline databases.

Other Than Full and Open Competition Eased on Brand Name

Sources to be considered for this order should be limited to those offering the following item(s) peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer) [list and describe fully, or attach detailed description of the product or critical characteristics of the product]:

1. The market research conducted by EMAD revealed that only Dodge Data & Analytics maintains a comprehensive database containing residential construction pipeline necessary to conduct housing market analysis reports. No other providers of multifamily construction data are known to offer the similar level of geographical coverage, and the number of variables available for housing analysis.

2. The construction database covers all geographical areas in the United States and provides historical data which makes it particularly useful to EMAD economists as it allows them to search and sort national data by the 0MB defined

Metropolitan Statistical Areas.

3. The database is easily accessible online.

Attachments [provide the following inforrnationJ:

In addition to the documentation identified for sole source above, attachments for brand name justification must also Include:

U If brand name, product, or product feature is the basis for the restricted consideration, the program office must describe why It Is essential to the Government’s requirements, and demonstrate how the attached market research supports the determination that other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the Department’s need.

A statement of the actions, if any, the Department 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.

If the order contains brand name specifications, the requirement has been posted in accordance with FAR Section 13.105(a)(1) unless one of the following exceptions applies (see FAR Section 5J02(a)f6)) [check applicable exception]:

U Disclosure would compromise the national security (e.g., would result in disclosure of classified information) or create other security risks. The fact that access to classified matter may be necessary to submit a proposal or perform the contract does not, in itself, justify use of this exception;

U The nature of the file (e.g., size, format) does not make it cost-effective or practicable for contracting officers to provide access through the GPE; or The senior procurement executive has made a written determination that access through the GPE is not in the Government’s interest.

Signature: Date: For additional information contact:

—-h Tomasz Kukawski

/ .-7 -? / / Contracting Officer // 4’ (1/ ,‘--‘ //3)/// Representative

X /‘vt”’ %. t i /

PART 2 - CONTRACTING OFFICER’S DETERMINATION AND CERTIFIOATION

I hereby determine that:

The sole source action represents the best value to HUD consistent with the requirements of FAR Section 13.501 (price evaluation Is attached); and, If a particular brand name, product, or product feature is requested, I hereby determine that It is essential to the Government’s requirements, and as demonstrated by the attached market research, other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the Department’s need.

I certify that the Information contained in thi5 justification Is accurate and complete to the best of my knowledge and belief. In accordance with FAR 13.501, this certification serves as approval of this sole source justification for orders up to $700,000.

Instructions:

PART I — to be completed by the requesting office

The office requesting the sole source consideration shall enter all Information and provide all supplementary Information and attachments.

The head of the office submitting the justification shall complete the certification and sign and date it

PART 2 — to be completed by the Contracting Officer

The contracting officer shall attach the price evaluation and sign and date the form. If the order is less than $700,000, stop here and place the completed justification in the contract

PART 3 — to be completed by the approving official

If the order exceeds $700,000, the contracting officer shall obtain the appropriate higher-level authority’s name, signature, and date and place the completed justification in the order file.

Name:

Leroy H. White Contracting Officer

Signature: Date:

02/14/2019

PART .3 — APPROVAL

For orders greater than $700,000 up to the Simplified Procedures for Certain Commercial Items threshold — CompetitionAdvocate Name Signature Date

Corn petlUon Advocate //t file.