FBO_Version_JOFOC_RSC_.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION UNDER

FAR 6.303-2 Open market Acquisitions and FAR 13.5 Special Test Items

1. Contracting Activity

USDA, ARS, NCRBSC- Acquisition Branch Jessica Massey, Contract Specialist 2150 Centre Ave. Bldg. D Fort Collins, CO 80526 Phone: 970-492-7003

2. Nature/Description of Action

The United States Department of Agriculture (USDA), Agricultural Research Service (ARS), National Agricultural Library (NAL) intends to award a firm fixed-price contract with a base and three (3), one-year option periods to the Royal Society of Chemistry, to provide electronic access via the internet for all USDA users for selected Royal Society of Chemistry journals.

3. Description of Services

NAL requires electronic access via the internet to specified Royal Society of Chemistry journals for use by all USDA employees, authorized public on-site users, cooperators and volunteers working on behalf of USDA and acting within the scope of their relationship with USDA. Access should include perpetual data rights to the content that is made available to USDA during the performance period. The contractor shall provide, on request by USDA, all subscribed-to purchased content in a mutually agreed-upon non-proprietary format.

4. Statutory Authority

The procurement is in accordance with 41 U.S.C 3304(a)(1), and FAR 13.106-1(b) and 13.501(a)

5. Demonstration of Contractor’s Unique Qualifications

The National Agricultural Library (NAL) is mandated (7 U.S.C. 3101) to serve as the primary agricultural information resource of the United States. One of its functions in that role is the acquisition of information in all aspects of agriculture and allied sciences. In support of this function, the NAL acquires journal publications in electronic format from publishers and makes the journals accessible to USDA employees and library patrons via the internet. In keeping with its charge to collect agricultural and related information, it seeks to maintain a collection of publications in various formats from a variety of publishers and sources.

The Royal Society of Chemistry is the only source for the specific mix of journal titles needed by the National Agricultural Library (NAL). NAL has a need for current access to specific journal titles and the only source for these “ala carte” selections is directly through the Royal Society of Chemistry.

In order to get 100% of the content of every issue of a journal, with perpetual access rights, as soon as the article is published (or even earlier, now that they appear on websites) we need to contract directly with the publisher, who has all of those rights (and obligations). The library needs those rights in order to have an electronic journal serve the same purpose and fill the same needs as the print journals we used to subscribe to for the library collection.

NAL requires the most current and up-to-date journals to be able to provide access to all USDA scientists which in turn allows the scientists to meet the agency’s mission. It’s critical to the agency mission that NAL have 100% of the content of every issue of a journal, with perpetual access rights, as soon as the article is published.

6. Federal Business Opportunities (FedBizOps) Announcement/Potential Sources

A Synopsis for the Intent to award on a Sole Source basis will posted to FBO for 10 days.

The Justification will be posted to FBO within 14 days of award per FAR 13.501(a)(1)(iii).

Sources sought was issued on 8/17/2018 and it closed on 8/23/2018 at 11:45am MST. No responses were received.

7. Determination of Fair and Reasonable Cost

A fair and reasonable price will be determined based on published catalog prices and historical pricing of similar items. Renewal cost proposed is within industry standard for expected annual subscription price increases, according to the 2018 annual Periodicals Price Survey published by Library Journal at https://lj.libraryjournal.com/2018/04/publishing/death- 1000-cuts-periodicals-price-survey-2018/ and the 2018 annual EBSCO Serials Price Projections report https://www.ebsco.com/blog/article/2018-ebsco-serials-price-projection-report

8. Market Survey

Sources sought issued 8/17/2018 and closed 8/23/2018 11:45am MST.

A ‘sole supplier letter’ was received from the vendor (Royal Society of Chemistry) on 8/21/2018 stating that they are the sole supplier of the perpetual rights to their journals.

https://lj.libraryjournal.com/2018/04/publishing/death-1000-cuts-periodicals-price-survey-2018/ https://lj.libraryjournal.com/2018/04/publishing/death-1000-cuts-periodicals-price-survey-2018/ https://www.ebsco.com/blog/article/2018-ebsco-serials-price-projection-report https://www.ebsco.com/blog/article/2018-ebsco-serials-price-projection-report

9. Additional Support

No other facts supporting the use of other than full and open competition are available. A determination has been made that only one vendor can fulfill the need of the NAL.

10. Other Interested Sources

Two vendors made submissions to the sources sought posting# 920418-SourcesSought. After further discussions with RSC, the program office, and the two vendors that submitted information, it was determined that the two vendors that made submissions we not capable of providing what NAL requires. For the following reason: The two submission were from vendors that only provided administrative coordination between RSC and the purchaser. They cannot actually provide the perpetual rights to the journals. I have confirmed this in email with the two vendors. NAL only requires access to the journals and does not need any administrative services with it. As well as the vendor not actually capable of provide direct rights to the journals.

11. Actions Taken to Remove Barriers to Competition

The publications provided by the vendor are proprietary, and only the vendor can guarantee the required perpetual data rights and deliver the Royal Society of Chemistry journals access.

In the event that Royal Society of Chemistry journals are made available with perpetual data rights for distribution by other vendors, full and open competition will be considered.