American_Banker_Justification_Redacted.pdf

(4/2014)

DEPARTMENT OF THE TREASURY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)/

BRAND NAME JUSTIFICATION

I recommend that the U.S. DEPARTMENT OF THE TREASURY use other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s):

1. DESCRIPTION OF SUPPLIES OR SERVICES

Purchase of: American Banker Subscription

Period of performance: October 1, 2016 through September 30, 2017 with two one-year options

2. REQUISITION NO.

124800

4. NAME(S) OF PROPOSED SOURCE(S)

Source Media One State Street Plaza, 27th Floor New York, NY 10004

3. COST ESTIMATE

State one statutory authority for this procurement to be conducted under “other than full and open competition” procedures. Provide narrative justification associated with the respective authority in block number 15.

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L. 98-369)

5.

X

41 USC 253(c)(1) – Only one responsible source; or brand name specification (FAR 6.302-1)

This authority shall be used in preference to the Public Interest justification. It shall not be used when any of the other circumstances is applicable.

6. 41 USC 253(c)(2) – Unusual and compelling urgency (FAR 6.302-2)

This authority applies in those situations where (1) an unusual and compelling urgency precludes full and open competition, and (2) delay in award of contract would result in serious injury, financial or other, to the Government. Note: The total period of performance under this authority is limited to the minimum contract period necessary to meet the requirements and to enter into another contract through the use of competitive procedures, and may not exceed one year unless the head of the agency entering into the contract determines that exceptional circumstances apply. The determination is in addition to the approval of the justification.

7. 41 USC 253(c)(3) – Industrial mobilization, engineering, developmental, or research capability; or expert services (FAR 6.302-3)

This authority applies when it is necessary to award the contract to a particular source or sources in order (1) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization, or (2) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (3) to acquire the services or an expert for any current or anticipated litigation or dispute.

8.

41 USC 253(c)(4) – International agreement (FAR 6.302-4)

This authority may be used when the acquisition is to be reimbursed by a foreign country that requires the product to be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or, when services are to be performed, or supplies are to be used in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited.

9.

41 USC 253(c)(5) – Authorized or required by statute (FAR 6.302-5)

This authority may be used when a statute expressly authorizes that the acquisition be made through another agency or from a specified source or the agency’s need is for a brand name commercial item for authorized resale. Note: While this statutory exception includes the small disadvantaged business 8(a) set-aside program, a JOFOC is not required for this type of procurement unless the amount exceeds $20 million.

10.

41 USC 253(c)(6) – National Security (FAR 6.302-6)

This authority may be used for any acquisition when disclosure of the Government’s needs would compromise national security. It will not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

11.

41 USC 253(c)(7) – Public Interest (FAR 6.302-7)

This authority may be used when none of the other authorities above apply. Individual justification, Secretarial approval, and Congressional notification 30 days before award of the contract are required.

12. JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

The Office of the Comptroller of the Currency (OCC) is responsible for the safety and soundness of the U.S. National Banking System. To that end, OCC employees who are involved in bank supervision need access to American banking industry news. The information affects their decision-making and provides unique insight into the banking industry. American Banker is the only source that can provide daily news articles specific to the American banking system and bank regulation. Subscriptions provide access to banking topics, including but not limited to strategy, community banking, law and regulation, consumer finance, bank technology, and data and research. In addition to the daily delivery of critical banking information, a subscription provides access to the American Banker magazine, videos, web seminars, and white papers.

The following alternatives to American Banker are available: Financial Times, BankNews, Banking Day, and Bloomberg Law. These publications cover a mix of global financial issues, banking systems, and banking law. Financial Times, based in London, focuses on business and economic information and provides limited information on the banking system. BankNews is a monthly magazine featuring news and trends in the banking industry. While Banking Day provides daily banking news, the information is specific to Australia and New Zealand. Bloomberg Law is not a primary banking industry news source and offers online legal research, including banking and finance. Although some banking information is available through these other subscriptions, no other source provides daily banking information specific to the American banking system.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A GPE NOTICE WAS

OR WILL BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES.

In accordance with FAR 5.203(a)(1), the proposed action was posted to the Government Point of Entry (GPE) on August 2, 2016.

C. DEMONSTRATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE

The anticipated cost to the Government will be determined to be fair and reasonable based on prices for previous purchases of American Banker subscriptions.

D. DESCRIBE THE MARKET SURVEY THAT WAS CONDUCTED AND THE RESULTS OF THAT

SURVEY. IF ACTIONS WERE TAKEN BY PROCUREMENT PERSONNEL TO SATISFY THIS

REQUIREMENT SUCH AS A GPE SOURCES SOUGHT SYNOPSIS, PLEASE SPECIFY.

OCC employees have relied on American Banker for daily banking industry articles related to individual banks, the agency, and bank regulation. American Banker provides access to banking news articles via email for individual accounts and online agency-wide access. The OCC conducted market research to determine is if alternative sources could provide a daily banking subscription. Sources include online searches and discussions with other library staff. The following alternatives to American Banker are available: Financial Times, Bank News, Banking Day, and Bloomberg Law. These publications cover a mix of global financial issues, banking systems, and banking law. The banking information available through other subscriptions is limited, and only American Banker can provide daily banking information specific to the America.

E. DESCRIBE ANY OTHER DOCUMENTATION TO SUPPORT THE JOFOC

Failure to renew this subscription would adversely affect awareness of key banking information.

Approval of this sole source justification would allow for continuation of existing subscriptions without potential disruption in daily banking news to OCC employees.

F. LIST SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION

No sources expressed in writing an interest in the acquisition.

G. LIST THE ACTIONS THE BUREAU WILL TAKE TO PROMOTE THE COMPETITION ON ANY

SUBSEQUENT ACQUISITIONS FOR SIMILAR SUPPLIES OR SERVICES

The OCC will review sources with American banking information available to promote competition on any subsequent acquisitions for similar supplies or services.

H. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR

THE EXPIRATION OF FUNDS.

This requirement does not result from a lack of planning or the expiration of funds.

REQUESTING OFFICE CERTIFICATION