A13 - JOFOC Final Competition Advocate Approved.pdf

Justification for Other than Full and Open Competition

FAR Subpart 8.405-6(a)

Purchase Request: NB481020-21-01214

Subject: Dun and Bradstreet Subscription

This acquisition is being conducted under the authority of the Multiple Awards Schedule Program (see FAR 8.401)

1. Identification of Agency and Contracting Activity.

National Institute of Standard and Technology (NIST) Office of Acquisition and Agreements Management Acquisition Management Division 100 Bureau Drive MS 1640 Gaithersburg MD, 20899

2. Nature/Description of Action.

NIST intends to negotiate with Dun and Bradstreet on a sole source basis under the authority of FAR 8.405-6(a), for the provision of Dun & Bradstreet subscription services. NIST intends to contract directly with Dun & Bradstreet via the General Services Administration (GSA) contract number GS-00F-022DA.

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

NIST MEP requires subscription services to a database which will allow MEP staff to search Duns Number, NAICS codes, organizational hierarchy information, and provides credit risk monitoring and geocoding services. This database must be capable of being integrated into NIST MEP’s Enterprise Information System (MEIS) and business processes. The independent government cost estimate for this procurement is $859,572.00, which includes the one-year base and two one-year option periods.

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

FAR 16.505(b)(2)(i)(E) and statutory authority 41 USC 3304(a)(1). FAR 16.505(b)(2)(i)(E)- “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.” Use of the statutory authority 41 USC 3304(a)(1) requires that the services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.

NIST MEP requires these services in order to identify accurate manufacturer information. MEP has invested significant programming resources into developing connectivity between MEP's Enterprise Information System (MEIS) and D&B business databases. D&B Direct 2.0 operates with an Application Programming Interface (API), which connects MEIS directly to D&B business databases. This allows MEP personnel to access information such as address, NAICS Code, size, geographical location, organizational hierarchy, financials, principals, etc. No other products provide the volume and breadth of data via an API that the Dun & Bradstreet products provide. Additionally, NIST MEP has been using the Dun & Bradstreet products for over a decade and is trained on the use of these applications. As certified in writing, Dun & Bradstreet is the owner of all rights, title and copyright to the materials contained within its library and is the only vendor with the legal rights to publish and distribute these materials worldwide.

Market research to find other potential solutions was conducted using sources sought notice, historical data, Internet research, and follow up analysis of those solutions most applicable. Other products considered as potential sources based on the products/services provided were as follows:

Risk Management/Credit Services

VTECH Solutions responded with a capability statement. The company has expertise in consulting services but did not provide evidence of maintaining DUNS numbers or other relevant economic data necessary to fulfill this requirement.

Data Axle responded with a capability statement. The company has experience in analysis and marketing for both private and public organizations. The statement mentioned that Data Axle does not maintain a DUNS number for establishments. The company has developed its own proprietary identification system. This is not compatible with the requirements necessary for this contract.

Bureau Van Dijk (A Moody’s Analytics Company) responded with a capability statement.

Moody’s Analytics has expertise in private company and ownership data leveraging proprietary software for analysis of companies and associated ownership structures. The company maintains several unique identifiers to facilitate analysis of corporate structure and hierarchy. A DUNS number is not one of the identifiers. This is not compatible with the requirements necessary for this contract.

Experian responded with a capability statement. Experian offers products and services in credit services, marketing services, decision analytics and consumer services. Experian offers many of the data elements required for the contract. The collection and maintaining of DUNS number information does not meet MEP’s requirement. MEP uses the DUNS number for the following purposes:

• Verify that an establishment is operating in a NAICS code that is defined as manufacturing (31-33) or is in another approved code by MEP (e.g. 54 Research)

• Identify a “unique” establishment to separate project data from client data

• Determine the most appropriate NAICS code for the MEP service being provided

Experian uses, and provides a single DUNS number from Dun and Bradstreet (D&B). If an MEP client would like to add additional NAICS codes, this is established through D&B.

Experian leverages the “primary” NAICS code associated with the DUNS number from D&B.

D&B provides multiple NAICS codes for each DUNS number. This allows MEP to isolate the most accurate NAICS associated with the MEP services. Additionally, there are numerous instances where the “primary” NAICS code is not in manufacturing or another approved NAICS.

Experian cannot provide all other available NAICS codes. This would result in manufacturers being denied service from an MEP Center, even when eligible.

No other vendor’s products have been identified with the compatibility to integrate into NIST MEP’s MEIS and business processes. The DUNS number assigned exclusively by Dun and Bradstreet, Inc. must be used to identify unique business entities (Federal Contractors). NIST MEP requires this services in order to identify accurate manufacturer information of potential small businesses who may benefit from MEP’s outreach program.

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

The Contracting Officer has determined that the anticipated costs to the Government will be fair and reasonable based on an evaluation of commercial pricing and comparison to the Government estimate. However, an official price analysis will be conducted prior to award.

6. Any other facts supporting the justification.

The requiring activity has verified that the requirement, as stated in the specification and statement of work, represents the Government's minimum requirement.

NIST intends on procuring the required subscriptions by placing a firm fixed price delivery order against GSA contract number GS-00F-022DA. GSA contracts are available for use by Federal agencies.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The Government expects to compete this requirement when the contract 1333ND18FNB480397 with Dun & Bradstreet for site license access to Hoover database expires September 29, 2023.

The Government will consolidate the two requirements (1333ND18FNB480397 and this one) into one single requirement to allow fair opportunity.

8. The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

The Contracting Officer signifies, by signing this justification, that this justification is accurate and complete to the best of his knowledge and belief.

9. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

The Contracting Officer’s Representative (COR) for this requirement has signed the Milestone Acquisition Plan, indicating his concurrence with the data used to form the basis of the market research that led to this justification.

10. A written determination by the approving official that one of the circumstances in (b)(2)(i)(A) through (E) of this section applies to the order.

By signing this justification, the Contracting Officer and the NIST Competition Advocate both agree that the circumstance in FAR 16.505(b)(2)(i)(E)- “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source,” applies to this order. The applicable statutory authority is 41 USC 3304(a)(1).

Approved by:

Robert J. Singman Date Contracting Officer

Todd Hill Date Acting Competition Advocate, NIST