EE News - JOFOC - final - working version_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 6.303-2

IDENTIFICATION NUMBER:89303025COP000003

1. IDENTIFICATION OF AGENCY/CONTRACTING ACTIVITY.

The Office of Policy (OP), Headquarters U.S. Department of Energy plans to contract with E&E News (division of Politico, LLC) by means of Other than Full and Open Competition- Brand Name. Headquarters Procurement Services (MA-642.1) will execute the action.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

DOE intends to award a contract to Politico, LLC for E&E News Subscription and Access for 50 users under the Office of Policy (OP). This award will provide multiple users with digital access to essential energy and environment news, including coverage on Congress and Federal agencies, corporate sustainability, cybersecurity, and industries- electric utilities, oil, natural gas, coal and nuclear.

Award information is provided below:

• Contractor Name: Politico, LLC (hereafter Politico)

• Contractor Address: 1000 Wilson BLVD 8th Floor, Arlington, VA 22209

• Unique Entity ID (UEI): T8JGE1LE8933

• CAGE: 7GC29

• NAICS: 519290 - Web Search Portals and All Other Information Services

• Period of Performance: One Year Base Period with Four (4) one-year options.

• Contract Type: Firm-Fixed-Price (FFP) Stand-Alone Contract

• Government Cost Estimate Dollar Value of this Action:

3. DESCRIPTION OF SUPPLIES/SERVICES TO BE ACQUIRED.

This requirement is for the purchase of E&E News Subscription Services for the Office of Policy (OP). The period of performance for this contract is anticipated to be five (5) years, which consists of a one-year base period with four (4) one-year options. The estimated total value of this contract is

E&E News Subscription from Politico, LLC, keeps the nation’s top decision-makers and policymakers informed and ahead of the curve in energy and environment policy, and business. Specifically, it provides late-breaking news from Capitol Hill, including schedules, markup and floor vote results, new bills and amendments and insight into emerging. Coverage also includes defense, energy, finance, health care, tax, technology and transportation, emerging trends and key developments or insights about Congress, the White House, federal agencies, regulations, judicial decisions, markets, technology, or pivotal players. The data and research available through E&E News is unique and of great value to the OP staff in accomplishing and conducting their data-driven analysis.

Politico LLC is the only company that provides E&E News.

Background on Requirement OP serves as the principal advisor to the Secretary, Deputy Secretary, and Undersecretaries on domestic energy policy issues. As the principal advisor, OP provides priority analysis and advice across the Department’s activities, focused on energy technology; infrastructure;

permitting; engagement with state, local, territorial and tribal governments; and energy jobs.

These analyses are provided to Congress, the White House, other federal and state agencies, and local stakeholders. For OP to accomplish its mission, they will need access to reliable, fundamental data, with daily publication access to essential energy and environment news, including coverage on Congress and Federal agencies, corporate sustainability, cybersecurity, and industries- electric utilities, oil, natural gas, coal and nuclear. OP requires an E&E News subscription and access to provide in-depth dives into the ever-evolving landscape of energy and the environment to keep professionals informed, empowered, and a step ahead with original, compelling and non-partisan journalism.

As OP is comprised of energy expert analysts that directly support policy action and provide rapid data and analysis to respond to front office questions; economic modeling with energy policy scenarios; markets monitoring, regulations, and industry trends for upcoming risks and opportunities; and as needed, interagency collaboration and stakeholder engagement;

E&E access is pivotal.

4. THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL &

OPEN COMPETITION.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1), as implemented by FAR 6.302-1, Subpart 6.302-1 (C), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. UNIQUE QUALIFICATIONS OF THE PROPOSED CONTRACTOR.

E&E News Subscription from Politico, LLC, is the only provider of the following modulars/publications E&E Daily, Energy Wire, Climate Wire, Green Wire, E&E News PM. These are premier and essential sources of daily comprehensive, timely, original, and objective journalistic analyses, news and information on significant policy, legislation, science, legal, regulatory and industry development across the environment and energy spectrum.

E&E News is unique as it is considered the authority on the business and politics of energy, environmental, and climate change issues covering federal, state, and local agencies, Congress, national and international climate policy issues, global energy resources and markets, security and reliability, hydraulic fracturing and pipelines, alternative/renewable energy, electric utilities, air and water issues, oceans and weather, hazardous and toxic substances, public lands, endangered species and wildlife conservation, mining, agriculture, technology, and more. This subscription provides users with access to reporters who expertly navigate the complicated world of energy, environment, and climate issues to provide the connection between policy and politics.

Per signed notification of sole source from Politico, E&E News has been awarded with over 60 winning editorial staff members who are nationally recognized as the most knowledgeable and experienced team covering energy and environmental policy. Their caliber of reporting is reflected in the numerous recognitions, including being awarded by The National Press Club Foundation four (4) years in a row: for the recent series on seabed mining; for "DAMage", the look at how drought and climate change have pushed the Western U.S. into a water crisis; for the oil and gas series "Busted: The Last Oil

Boom?"; and for the reporting on oil and gas leaks in wildlife refuges. They have also won two (2) SEJ awards in Outstanding Beat Reporting for Dakota Access Pipeline and EPA coverage. E&E News are key players in this industry, which allows them unrivaled access to develop original, insightful, balanced stories every day that readers won't find anywhere else.

6. A DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE.

While there are no other vendors that publish E&E News, Market Research found that CQ Roll Call formerly Congressional Quarterly by FiscalNote offers similar amenities.

However, CQ is based on congressionally specific perspectives while E&E provides in-depth industry perspectives essential to energy, industry and nuclear as well as congressional perspectives. See below for a more in-depth response.

7. ANTICIPATED DOLLAR VALUE OF THE PROPOSED ACQUISITION.

The Contracting Officer has determined the anticipated cost ( ) to the Government of the supplies/services covered by this JOFOC will be fair and reasonable based on an analysis of the contractor’s cost/price proposal, including backup information supporting the cost/price from any historical data.

Period of

Performance Rate per User Number of

Users Total

Base Year 8/3/2025-8/2/2026

Option Year 1- 8/3/2026-8/2/2027

Option Year 2- 8/3/2027-8/2/2028

Option Year 3- 8/3/2028-8/2/2029

Option Year 4- 8/3/2029-8/2/2030

Total

8. MARKET RESEARCH.

OP conducted market research by researching other companies that could provide the services. One company that offers similar services was found to be FiscalNote’s CQ Roll Call, formerly Congressional Quarterly. While CQ Roll Call offers nonpartisan extensive Congressional News, legislative tracking, and regulatory developments, it does not have extensive energy and environment industry information. E&E News provides essential energy and environment news through five daily publications [E&E Daily, Energy Wire, Climate Wire, Green Wire, E&E News PM], insight about the White House, federal agencies, regulations, judicial decisions, markets, technology, and pivotal industry players.

Furthermore, if OP was able to purchase CQ Roll Call the subscription would be more expensive as OP would also have to purchase up to three (3) of the other modules individually from other companies. The pricing for these modules can be quite expensive and without it being able to connect to the other ones, this disconnect could cause a lapse in statutory response times in the analysis. The data and research available through E&E News is unique and provides a one-stop shop for conducting data-driven analyses.

9. OTHER FACTS SUPPORTING USE OF OTHER THAN FULL & OPEN

COMPETITION.

Politico Pro is the only publisher that distributes E&E News Publications. The purchase of E&E News subscription services, and the proprietary information they include, assist OP with strategic analysis to support energy policy decision making and implementation by senior Departmental leadership.

10. OTHER SOURCES EXPRESSING WRITTEN INTEREST IN THE

REQUIREMENT.

None

11. POTENTIAL ACTIONS BY THE AGENCY TO REMOVE/OVERCOME

BARRIERS TO COMPETITION.

For the reasons set forth in Paragraph 5, the DOE has no plans at this time to

If another potential source emerges, the DOE will assess whether competition for future requirements is feasible.