A16 - Sole Source Justification 08102020 for Sole source Notification_1.pdf

Justification for Other than Full and Open Competition Bureau of Land Management

Authority of FAR 13.106-1(b)(1)(i)

This limited source justification is hereby submitted for approval.

Purchase Requisition Number: 0040501182 Requestor Name and Title: Geoff McManus, Branch Chief Architecture and Engineering Requesting Organization: BLM, OC-670 Check One:

Only One Source X Brand Name Only Unusual & Compelling Urgency____

1. Identification of the agency and the contracting office.

Requiring Activity:

Bureau of Land Management (BLM) National Operations Center (NOC) Division of Architecture and Engineering Denver, Colorado

Contracting Activity:

Bureau of Land Management (BLM) National Operations Center (NOC) Acquisitions Branch.

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

Architecture and Engineering subscription renewal for the National Operations Center and the BLM state offices, 13 total licenses for MasterSpec with different options for the NOC versus the BLM state office.

3. A description of the supplies or services required to meet the agency’s needs.

Avitru’s MasterSpec Specifications and Site Licenses from Avitru, LLC. PR 0040501182 in the amount of $14,410.00 is for the renewal of the Avitru subscription for MasterSpec Specifications and Site Licenses for one year. The subscription renewal is for 13 BLM site licenses (12 states and the NOC) and for renewing the MasterSpec Specifications subscription.

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

FAR 13.106-1(b)(1)(i) states that Contracting Officers may solicit from one source for exclusive licensing agreements.

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

MasterSpec®, published by Avitru, LLC for The American Institute of Architects (AIA), is the preeminent master guide specification system for use on building and construction projects and design firms’ office masters. MasterSpec has been the industry standard since 1969. It is the most complete construction specification system available. MasterSpec is a product of The American Institute of Architects (AIA) and is exclusively endorsed or recommended by ACEC, AIA, ASID, ASLA, CASE, IIDA, NLA (ANLA), and NSPE. Avitru is a member of IAI, ICIS, USGBC, and a charter member of NBIMS.

The BLM adopted Avitru MasterSpec Specification for the BLM construction specifications in 2004 and they are utilized by both the BLM and private sector Architecture and Engineering Firms that the BLM contracts with via IDIQs.

Changing over to another tool would generate additional costs for the BLM in training and support.

The BLM formally adopted Avitru’s MasterSpec for the BLM construction specifications in 2004, because at the time MasterSpec was and still is the preeminent master guide specification system for use on building and construction projects and design. Converting over to another software brand would cause loss of currently stored data and would cause BLM and some contracted vendors to have to start over projects currently within the system.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2.

Avitru is the only party capable of providing the MasterSpec licenses as required. A notice will not be provided in accordance with FAR 5.2 as the estimated contract value is under the threshold in FAR 5.101(a)(1), $25,000.00.

7. A determination by the contracting officer than the anticipated cost to the

Government will be fair and reasonable.

Market research was conducted, and it was determined that the MasterSpec software is proprietary to Avirtu where Avirtu is the only provider; there are no resellers. The cost will be determined fair and reasonable by the contracting officer before execution of an award.

8. Provide the results of market research conducted to support this limited source justification.

Avitru helps design and building professionals easily produce the most accurate, professional building and construction specifications in the industry. Avitru offers users: the only full-time specification development and support team with over 40 full-time professionals and 20 specification and software consultants, over 30,000 hours of specification research and writing support annually, over 300 years cumulative specification development experience and decades of teamwork with the AIA to continually improve MasterSpec, the SpecWare® family of software tools for automating construction specification development and editing, free specification and technical support, free continuing education opportunities Avitru specializes in master specifications, specification productivity software, and specification resources for the construction and building industries.

9. 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.

Once software is designed and available on the marketplace that provide additional features that MasterSpec does not include, it would be beneficial to the government to solicit a new acquisition for this requirement.

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief

I hereby certify that this requirement does not exceed the Government’s minimum needs or schedule requirements and that the basis for award under limited source justification is complete and accurate to the best of my knowledge and belief.

Requiring Activity:

Geoffrey McManus Branch Chief Branch of Architecture and Engineering

Contracting Activity:

Theresa Coffenberry Contracting Officer Acquisitions Branch