MLEX Sole Source.pdf

FOR OFFICIAL USE ONLY

Source Selection Information -- See FAR 2.101 and 3.104

JUSTIFICATION & APPROVAL

CFTC intends to solicit on a sole-source basis. The following rationale is provided in accordance with the requirements of FAR 13.106-1(b)

1. Identification of the agency and the contracting activity.

This justification and approval has been prepared by the Commodity Futures Trading Commission (“CFTC” or “Commission”), Business Operations Branch, 1155 21st Street, NW, Washington, DC 20581.

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

The action being approved is award of a firm-fixed-price contract to RELX Inc., for subscription and data access.

3. A description of the supplies or services required to meet the agency’s needs (including estimated value).

The Commodity Futures Trading Commission proposes to enter into a contract with RELX Inc., (RELX) for access to various online publications that are only available from MLEX US INC (MLEX), a subsidiary of RELX. This contract is a renewal of subscriptions and data that facilitate the Commission’s ability to complete duties required as a result of the 2010 Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). The list of these subscriptions is below:

Global Advisory - Digital Risk Financial Services - Regulation Financial Services - White House Watch

Online access to market data, reports and information is vital for CFTC Staff in performing oversight and investigatory responsibilities of the agency. The contract is for a base period of one year, with four (4) one-year option periods. The estimated award price, including options, is $109,602.00.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition for this requirement is FAR 13.106-1(b) “Soliciting from a single source.”

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

The information in the MLEX subscriptions are proprietary to RELX and MLEX, and CFTC knows of no alternative source that can provide the information offered in the subscriptions listed above. Without access to this data, CFTC’s regulatory operations would be significantly impeded and there would be an increased risk to achieving CFTC’s mission.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Pursuant to the requirements of FAR 5.201(b) (1) (i), CFTC posted a pre-solicitation notice of its intent to enter into a contract with Swift on a sole source basis. The notice described CFTC’s requirements, and stated that it would consider responses from all responsible sources received. The announcement was posted on July 9, 2021 with a response date of July 16, 2021. No responses to the announcement were received. Therefore, negotiations were conducted with RELX on a non-competitive basis.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

RELX submitted a quote that is reasonable and allows the CFTC to continue to have access to required subscriptions to fulfill agency responsibilities. The cost is determined to be fair and reasonable for the subscriptions and data access renewals based on a comparison with historical rates paid by the agency for similar access to data.

This contract is a consolidation and renewal of CFTC contracts 9523ZY-17-C-LIB0188 and 9523ZY-19-P-0061. The combined value of these contracts for Fiscal Year 2020 was $19,460. The proposed price for the first year of this contract is $20,238, roughly a 4% increase, with 4% annual price escalation thereafter. This is reasonable and appropriate with current and expected price inflation.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

The required subscriptions and data are unique and only available from MLEX. The Contracting Officer verified that the contractor is in fact the only supplier of the needed data.

9. Any other facts supporting the use of other than full and open competition.

N/A

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

None.

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 the supplies or services required.

Due to the nature of this acquisition, competition is limited to the sole source for publishing the required data/publications needed to carry-out the responsibilities of the agency. When completing subsequent acquisitions for this requirement, the agency will follow all mandated procedures for competing the requirement.

Certifications and Approvals

Technical Personnel Certification I certify that the data supporting the recommendation to solicit and award on an other than full and open competitive basis is accurate and complete to the best of my knowledge and belief.

Dan May Date Librarian

Contracting Officer’s Certification I certify that the data supporting the recommendation to solicit and award on an other than full and open competitive basis is accurate and complete to the best of my knowledge and belief.

Benjamin Van Wormer Date Contracting Officer