Platts_Brandname.pdf

BRAND NAME JUSTIFICATION

Please complete and return immediately to:

Agency/Office Name: FERC Commission-Wide

1. "Brand name" of product: Enterprise Newsletter Subscription

2. Description of "brand name" product: Internet-based Publications

3. Name of manufacturer of "brand name" product: S&P Global Platts

4. The "brand name" provided is to identify the standard of quality necessary. Equivalents will be considered. Yes X No (If no, please complete Nos. 5 and 6.)

5. If the answer to No. 4 is "no," please complete the following.

Only the "brand name" item specified will meet the Government's needs:

x A.

__ B.

__ c.

Because patent rights, copyrights, proprietary secret processes, control of certain materials or components providing a superior utility or capability that cannot be obtained from similar products.

Because program requirements cannot be modified so that competitive products or services may be used.

Because the product or service is unique and easily established as one-of-a kind.

Please explain: Commission staff refers to Platts publications for critical market research and information. Platts provides access to proprietary news and commentary on the energy industry and is one of the leading global providers of energy, oil, natural gas, electricity and nuclear power and metal information. Not only does Platts provide energy information for the US markets it also provides significant insights into the international markets. Specific publications are as follows: Coal Trader, European Gas Daily, Gas Market Report, Gas Daily, Inside FERG, LNG, Megawatt Daily and Oi/Gram. Price Report.

6. If the answer to No. 4 is "no," please indicate other reasons for restricting competition: These publications keep the program offices informed about complex state and federal regulations that affect competition in the energy industry .. The Commission has subscribed to this proprietary information for over fourteen years for real time news, pricing, analytical services and conferences and heavily relies upon this information for oversight, trading and investment decisions. Due to the popularity of these newsletters, and to meet the high demand for access to these publications, a Commission-wide site license was obtained in FY16.

I certify to the best of my knowledge that the above statements are correct.

Controlled Unclassified Information

Date

*See Attached Applicable FAR References 11.104, 11.105, 6.302-1, 6.303-1 & 6.303-2

*11.104 Use of brand name or equal purchase descriptions.

(a) While the use of performance specifications is preferred to encourage offerors to propose innovative solutions, the use of brand name or equal purchase descriptions may be advantageous under certain circumstances. ·

(b) Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an "equal" item must meet to be acceptable for award. Use brand name or equal descriptions when the salient characteristics are firm requirements.

*11.105 Items peculiar to one manufacturer.

Agency requirements shall not be written so as to require a particular brand name, product, or a feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, unless-

( a) The particular brand name, product, or feature is essential to the Government's requirements, and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs;

(b) The authority to contract without providing for full and open competition is supported by the required justifications and approvals (see 6.302-1); and

(c) The basis for not providing for maximum practicable competition is documented in the file when the acquisition is awarded using simplified acquisition procedures.

*6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

(a) Authority.

(1) Citations: 10 U.S.C. 2304(c) (1) or41 U.S.C. 253(c) (1).

(2) When the supplies or services required by the agency are available from only one responsible source, or, for DOD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, fulf and open competition need not be provided for.

(i) Supplies or services may be considered to be available from only one source if the source has submitted an unsolicited research proposal that- ( A) Demonstrates a unique and innovative concept (see definition at 2.101), or, demonstrates a unique capability of the source to provide the particular research services proposed; ·· ·

(B) Offers a concept or services not otherwise available to the Government; and

(C) Does not resemble the substance of a pending competitive acquisition. (See 10 U.S. C. 2304(d)(1)(A) and 41 U.S. C. 253(d)(1 )(A).)

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in- ( A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S. C. 2304(d)(1)(B) or 41 U.S. C. 253 (d)(1)(B).)

(iii) For DOD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in- ( A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B).)

(b) Application. This authority shall be used, if appropriate, in preference to the authority in 6.302-7; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all inclusive and do not constitute authority in and of themselves):

(1) When there is a·reasonab/e basis to conclude that the agency's minimum needs can only be sa_tisfied by

(i) Unique supplies or services available from only one source or only one supplier with unique capabilities; or

(ii) For DOD, NASA, and the Coast Guard, unique supplies or services available from only one or a limited number of sources or from only one or a limited number of suppliers with unique capabilities.

(2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itself justify the use of these authorities) (see Part 27).

(3) When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the service (see 41.202); or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system.

(4) When the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items, and only one source is available.

(c) Application for brand name descriptions. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. It shall be justified and approved in accordance with FAR 6.303 and 6.304. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. (Brand name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.)

(d) Limitations.

(1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304.

(2) For contracts awarded using this authority, the notices required by 5.201 shall have been published and any bids and proposals must have been considered.

Controlled Unclassified Information