A04 JA Dow Jones Factivia FE KO_Signed_Redacted.pdf

DEPARTMENT OF WAR

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION DIRECTORATE

Factiva AI News Feed, Professional Seats, Article API, and Copyright Licensing Subscription

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, and FAR Part 15

Contract Number: HQ003426CE067 Procurement Title: Factiva Enterprise Subscription, Licensing, and Associated Services Estimated Value:

Statutory and Regulatory Authority: 10 United States Code (U.S.C) §3204(a)(1) and

FAR 6.302-1

Justification for Other Than Full and Open Competition

Upon the basis of the following justification, I, as Procuring Activity Competition Advocate (PACA), hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C. §3204(a)(1) and regulatory authority of FAR 6.302-1, only one responsible source and no other supplies or services will satisfy Agency requirements.

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY.

Requiring Agency:

Office of the Assistant to the Secretary of War for Public Affairs (OATSW PA) Department of War 1400 Defense Pentagon Washington, District of Columbia 20301-6000

Contracting Activity:

Washington Headquarters Services, Acquisition Directorate Department of War 4800 Marks Center Drive, 09D20 Alexandria, VA 22350

Real-time news alerts Company and organization intelligence Enterprise user administration

Full-text licensed article access AI-enabled integration through the Factiva Article API

These capabilities enable Public Affairs personnel to monitor domestic and international media coverage, identify emerging news trends, research historical reporting, support senior leadership decision-making, develop media products, respond to media inquiries, and conduct comprehensive media analysis.

The Government requires an enterprise commercial-off-the-shelf (COTS) subscription capable of providing licensed access to proprietary news content together with API functionality and AI-enabled content licensing in a single integrated solution.

4. IDENTIFICATION OF STATUTORY AUTHORITY.

This acquisition is conducted under the authority of 10 U.S.C. 3204(a)(1) and the regulatory authority of FAR 6.302-1 and Defense FAR Supplement 206.302-1 – “Only one responsible source and no other supplies or services will satisfy Agency requirements.” The Government requires proprietary commercial software subscriptions, licensing, copyrighted content, and associated services that are available only from as the owner of the Factiva platform.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS.

(a) Description of events.

. As PA's mission requirements have expanded, the organization now requires an enterprise subscription to the Factiva platform that includes additional professional user seats, AI News Feed capabilities, Article API access, copyright licensing, and associated enterprise services.

(b) Justification.

(1) Minimum Government requirements.

See paragraph 3 above.

(2) Proposed sole source contractor.

The proposed sole source contractor is Factiva Inc., a is the sole source provider of the full Factiva database, Factiva

AI News Feed, Factiva Professional Seats, Article API, copyright licensing, and associated enterprise subscription services required to support OATSW PA. The Factiva platform and its associated products are proprietary to , and the required enterprise subscriptions, feeds, APIs, licensing, and support can only be obtained directly from Factiva Inc., a .

Based upon market research conducted by the Government, confirmed that limited versions of the Factiva user interface are authorized for resale only through LexisNexis for legal firms and Clarivate for academic institutions.

However, these limited offerings do not include the full Factiva database and Factiva feeds required to satisfy PA's mission requirements and are not available to Federal Government customers for this requirement. Additionally, confirmed that Factiva is not available through a General Services Administration (GSA) Schedule contract.

Therefore, no alternative acquisition source has been identified that can satisfy the Government's requirement for the full proprietary Factiva platform, enterprise subscriptions, AI News Feed, Article API, copyright licensing, and associated services.

(3) Discussion regarding cause of the sole source situation.

. That contract provided a limited number of user seats and capabilities that met the Department's requirements at that time. Since then, PA's mission requirements have expanded significantly, requiring enterprise-wide access to the full Factiva platform, including increased user capacity, AI News Feed capabilities, Article API access, copyright licensing, and enhanced media monitoring and analytical capabilities that

The full Factiva database, enterprise subscriptions, AI News Feed, Article API, copyright licensing, and associated support required by PA can only be obtained directly from Factiva Inc. No other source can provide the proprietary Factiva platform and associated enterprise services necessary to meet the Government's requirements.

(4) Impact.

This contract will provide Public Affairs with continued access to the Factiva platform, supporting the organization's mission to conduct enterprise media monitoring, media analysis, strategic communications, and executive-level situational awareness. Factiva serves as the Department's primary source for real-time access to licensed global news content, historical news archives, AI-enabled news feeds, and advanced search capabilities used to monitor domestic and international media coverage relevant to Department of War leadership, operations, and strategic communications.

If the Government does not procure the required Factiva subscription and associated services, PA will lose access to the proprietary news content, AI News Feed, Article API, historical archives, and enterprise monitoring capabilities necessary to support daily Public Affairs operations. The loss of these capabilities would significantly degrade the organization's ability to monitor emerging media coverage, rapidly identify and assess news impacting the Department of War, conduct historical media research, support senior leadership with timely and accurate media analysis, and respond effectively to media inquiries and strategic communication requirements. The inability to access the proprietary Factiva platform, including the AI News Feed, Article API, and licensed enterprise news content, would adversely impact mission effectiveness, limit PA's ability to support AI-enabled media analysis and enterprise news integration, reduce situational awareness, and hinder the organization's ability to provide timely, informed, and data-driven communications support to Department of War leadership.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES.

A notice of the proposed contract action, along with a redacted Justification for Other Than Full and Open Competition (J&A), will be published on SAM.gov in accordance with FAR 5.2, with the intention of awarding a sole source contract to Factiva Inc., a

, for the required enterprise subscription, licensing, and support services.

7. DETERMINATION OF FAIR AND REASONABLE COST.

A determination will be made by the contracting officer that the order represents the best value to the Government, as defined in FAR 2.101, and results in the lowest overall cost alternative (considering price, special features, and administrative costs) to meet the Government's needs.

The contracting officer will also determine the pricing information valid for comparative purposes. Certified cost and price data is not required for this commercial item acquisition, in accordance with FAR 15.403-1(b)(3). The contracting officer will determine whether the price is fair and reasonable based on:

a. Comparison of the proposed prices to historical and existing prices paid, whether by the Government or other than the Government, for the same or similar items.

b. Comparison with competitive published price list and published market prices of the same commodities.

c. Comparison of proposed prices with the independent Government cost estimate.

8. MARKET RESEARCH.

Market research was conducted during June through July 2026 to identify potential sources capable of satisfying PA's expanded enterprise requirement

Market research confirmed that the full Factiva database, enterprise subscriptions, AI News Feed, Article API, copyright licensing, and associated enterprise services required by PA are proprietary to Factiva Inc., further confirmed that while limited versions of the Factiva user interface are available through authorized resellers for legal and academic institutions, those offerings do not provide the enterprise capabilities required to satisfy PA's mission requirements. Additionally, confirmed that Factiva is not currently available through a General Services Administration (GSA) Schedule contract.

The results of the market research revealed and validated the current solution is proprietary to and cannot be supported by any other contractor.

a. The first step in conducting market research was to determine whether an alternative commercial solution could satisfy the Government's requirement for enterprise media monitoring, AI-enabled news services, licensed news content, and related capabilities.

Market research determined that no other commercial product could meet PA's minimum requirements for the full Factiva platform, including enterprise subscriptions, AI News Feed, Article API, copyright licensing, and associated services.

The next step in the market research process was to evaluate available acquisition methods.

The Government also confirmed that the required enterprise solution is not available through a General Services Administration (GSA) Schedule contract. Because the required products and services are proprietary to Factiva Inc., a and can only be obtained directly from the manufacturer for this requirement, a sole source procurement is appropriate. Market research further supports the fact that this requirement meets the definition of a commercial product and commercial service in accordance with FAR 2.101.

b. Based on the market research described in paragraph a., the Government determined that only the Factiva platform can fully satisfy PA's enterprise requirements for media monitoring, licensed news content, AI-enabled news services, Article API access, copyright licensing, and associated enterprise subscription services. Market research determined that no other commercially available solution provides the combination of proprietary content, functionality, and licensing necessary to meet the Government's minimum requirements. The Government will continue to conduct market research to identify changes in the marketplace that may support future competitive acquisitions, including the availability of comparable commercial solutions, changes to licensing or distribution rights, expanded Government contract vehicles, or other acquisition approaches capable of satisfying the Government's requirements.

9. ANY OTHER SUPPORTING FACTS. None

10.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME

BARRIERS THAT LED TO THE EXCEPTION TO FULL AND OPEN

COMPETITION.

a. During the market research conducted, Factiva Inc., , was determined to be the only source capable of providing the proprietary Factiva platform and associated enterprise subscriptions, AI News Feed, Article API, copyright licensing, and support required to satisfy PA's mission requirements. The Government's market research did not identify any other commercial solutions capable of meeting the minimum technical and functional requirements.

The Government will continue to conduct market research to identify changes in the commercial marketplace that may support future competitive acquisitions. This includes monitoring comparable commercial solutions that satisfy the Government's minimum requirements, changes to licensing or distribution rights, the availability of additional authorized Federal acquisition channels or contract vehicles, or other developments that