Justification and Approval redacted Energy Daily.pdf

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NOTICE OF INTENT TO AWARD SOLE SOURCE ENERGY DAILY
Solicitation number
95314225Q0004
Issued by
Not on record

About this file

This is a FAR Subpart 13.5 Sole Source Justification and Approval document for Energy Daily Subscription Services from S&P Global Inc, prepared by the Defense Nuclear Facilities Safety Board (DNFSB). The procurement is for 100 licenses providing online access to Energy Daily's historical and current information about the nuclear energy marketplace, including breaking industry news, energy regulation, legislation, business, and policy analysis, plus archives dating back to 1998.

The contract structure includes a base period from 3/1/2025 to 2/28/2026 and four one-year option periods extending through 2/28/2030. The justification cites exclusive licensing agreements as the authority for sole source procurement, as S&P Global Inc owns proprietary rights to Energy Daily content. The subscription service is deemed essential for DNFSB's mission to provide independent analysis and recommendations to the Secretary of Energy regarding safety at defense nuclear facilities. The procurement will be made under the Simplified Acquisition Threshold using fixed pricing, with fair and reasonable pricing to be determined through price analysis.

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This Template is for a FAR Subpart 13.5 Sole Source Justification and Approval

Control No: FY 25 0004 Contractor: S&P Global Inc

Version March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Energy Daily Subscription Services

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount:

Prepared by: DSN: N/A Date: 2/19/2025

Contracting Officer:

DSN:

Date:

Requirements : DSN:

Date: 2/19/2025

Email: TaraT@dnfsb.gov

Adriana Underdue Contracting Officer Email: adrianau@dnfsb.gov

Contractor: S&P Global Inc

Version March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items Sole Source Justification and Approval

1. Contracting Activity: DNFSB, 625 Indiana Ave, NW, Suite 700, Washington, DC, 20004

2. Description of Action:

Nature: New Requirement

Contract Vehicle: Purchase Order Number ____TBA_______________

Pricing/Contract Type: Fixed Price

Funds: FY: 2025_Yes_

Name of Proposed Contractor(s) and Address:

S&P Global Inc.

Brand Name Buy: Yes No

3. Description of Supplies/Services: DNFSB requires Subscription services that provides both historical and current information relevant to the nuclear energy marketplace. DNFSB requires 100 licenses of the Energy Daily Subscription Services with a current maintenance/ Technical Support Experienced staff will provide telephone support to answer questions and address problems pertaining to the subscription, This purchase will be made under the Simplified Acquisition Threshold (SAT) and the agency plans to procure the services from S&P Global Inc, the company who owns the Energy Daily brand that provides both historical and current information relevant to the nuclear energy marketplace.

Base Period: 3/1/2025 to 2/28/2026 Option Period 1: 3/1/2026 to 2/28/2027 Option Period 2: 3/1/2027 to 2/28/2028 Option Period 3: 3/1/2028 to 2/28/2029 Option Period 4: 3/1/2029 to 2/28/2030

Contractor: S&P Global Inc

Version March 2017 FOR OFFICIAL USE ONLY

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

Exclusive licensing agreements

5. Reason for Authority Cited:

This brand-services provided by S&P Global Inc. are in support of the Defense Nuclear facilities Safety Board and its staff. S&P Global Inc has unique publications and is the sole and only source, owner, distributer, and provider of Energy Daily publications and Subscription services. DNFSB uses the Energy Daily subscription to gain information on to provide independent analysis, advice, and recommendations to the Secretary of Energy to inform the Secretary, in the role of the Secretary as operator and regulator of the defense nuclear facilities of the Department of Energy, in providing adequate protection of public health and safety at such defense nuclear facilities, including with requires Subscription services that provides both historical and current information relevant to the nuclear energy marketplace. Energy Daily is uniquely qualified because it is the only energy subscription services that can provide DNFSB staff access to breaking industry news and industry developments on energy regulation, legislation, business, and policy analysis. Energy Daily also provides the DNFSB with access to archives of Energy Daily articles dated back to 1998. If the DNFSB does not subscribe to Energy Daily, the agency will no longer have access to these archives.

6. Efforts to Obtain Competition: Efforts to obtain competition is addressed in paragraph 8, Market Research below.

7. Actions to Increase Competition: In depth market research is not required for this acquisition. The titles/news publications required are known to be only from the referenced vendor.

8. Market Research: S&P Global Inc is considered proprietary, as their material is protected by copyrights and exclusive distribution rights.

9. Interested Sources: S&P Global Inc is the only vendor that offers the Energy Daily News subscription service.

10. Other Facts:

a. Procurement History

Contractor: S&P Global Inc

Version March 2017 FOR OFFICIAL USE ONLY

(1) Contract numbers and dates of the last several contracts for these same requirements.

N/A

(2) The competitive status of these actions.

This action was not awarded competitively.

(3) Authority previously cited if less than full and open competition was used.

No authority was cited on previously awarded contracts.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

No justification was documented for previous contract awards.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

N/A

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

No information is available.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

No information is available.

Contractor: S&P Global Inc

Version March 2017 FOR OFFICIAL USE ONLY

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Tara Tadlock Date: 2/19/2025 Title: Chief of Staff Signature:

X

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Adriana Underdue Date:

Title: Contracting Officer Signature:

X

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Adriana Underdue Date:

Title: Contracting Officer Signature:

Contractor: S&P Global Inc

Version March 2017 FOR OFFICIAL USE ONLY

X

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