Exception to Fair Opportunity- 24-143 - Redacted.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

TO:

FROM:

SUBJECT: Justification for an Exception to Fair Opportunity

1. This document sets forth the facts and rationale justifying an exception to fair opportunity, in accordance with FAR 16.505. This document was prepared by the United States Agency for International Development/ Kenya and East Africa (USAID/KEA) Office of Financial Management (OFM).

2. The nature and/or description of the action being approved:

This is a request to approve the award of a sole source Task Order on the Library of Congress (LC) Federal Library and Information Network (FEDLINK) Governmentwide Acquisition Contracts (GWAC), to Gartner, Inc. The award will be for a one-year base and a one-year option period, for a total of $419,454. Under this action, Gartner, Inc. will provide enterprise-based access and subscription membership (licenses) to the Gartner for Finance and Legal, Risk & Compliance Leaders services.

3. Description of the supplies or services required, including an estimated value:

Services provided under the Gartner for Finance and Risk Leaders licenses will identify management initiatives, processes, tools, and frameworks that will help us to avoid reinventing the wheel in addressing problems that are common amongst technical peers. In the case of USAID/KEA, the areas of technical expertise are Risk Management and Finance. Services should be provided as an annual license, during which time USAID will have access to research content and individual services including:

● Proven Best Practices

● Research and Insight

● Peer Benchmarks

● Decision and Diagnostic Tools

● Executive Networking

● Advisory Support

● Strategic Planning

● Live and Online Learning Events (including Continuing Professional Education (CPE)) accredited courses)

Estimated value of base year and one option year is $419,454.

The proposed new task order will be issued from the Library of Congress FEDLINK contract number LCFDL21D0001. Which is a fixed price Indefinite Delivery/Indefinite Quantity (IDIQ) contract, and the current period of performance is October 1, 2021, to September 30, 2026

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.

Only One Awardee Capable - FAR 16.505(b)(2)(i)(B)

Only one awardee can provide the services required at the level of quality required because the services ordered are unique and highly specialized. USAID/KEA needs consulting and research services in the areas of Risk Management and Finance.

USAID/KEA conducted market research to determine the capabilities of other service providers and identified four (4) firms in addition to Gartner that may be positioned to provide these services.:

1. Firm No.1 : This firm focuses on developing close partnerships with its clients, delivering hands-on strategy and implementation support, particularly in digital transformation and technology adoption. It emphasizes personalized consulting, unlike Gartner’s approach, which revolves around data and insights access.

2. Firm No. 2: Known for market research and growth strategies, this firm provides industry recognition through awards. This makes them a strong alternative for businesses seeking thought leadership and innovation recognition. They differ from Gartner by focusing more on visionary growth strategies.

3. Firm No. 3: Specializes in audience measurement, media analytics, and consumer behavior, primarily in the media and advertising sectors. If the focus is on media and consumer trends, its data-driven approach is a better fit than Gartner, which covers a broader range of industries. This firm is media industry focused and does not provide the capabilities in the government sector.

4. Firm No. 4: This firm offers research and analytics specifically tailored to technology vendors and buyers. Its deep focus on Information Technology and digital transformation makes it a strong alternative for tech-centric businesses compared to Gartner’s more diversified service range. Nevertheless, its narrow focus on information technology does not provide the comprehensive capabilities required by USAID/KEA.

None of the firms mentioned above provide the capabilities in Risk Management and Finance services offered by Gartner and particularly in the federal government space.

Gartner provides a broader research and advisory scope across sectors which provides the best value to USAID/KEA in developing and strengthening business processes in USAID/KEA’s Office of Financial Management, Executive Office and Risk Management Functions.

Gartner, Inc. offers these services through the GWAC with the Library of Congress FEDLINK program (LC/FEDLINK). The LC/FEDLINK works with the Office of Management and Budget (OMB) Category Management Leadership Council (CMLC) to develop a government-wide solution for information services. The CMLC has designated LC/FEDLINK as the lead program for this effort. All branches of government are invited to participate in LC/FEDLINK’s information services solution to further maximize the benefits.

5. A demonstration by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The anticipated cost of this contract is $419,454, comprising six (6) licenses for a duration of two years (one base year and one option year). This estimate is based on the published Library of Congress FEDLINK Contract prices, including inflation. The Contracting Officer (CO) will conduct a price analysis to ensure that the price is fair and reasonable.

6. Other facts supporting the use of exception to fair opportunity:

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:

USAID/KEA will continue to conduct extensive market research and utilize other channels, such as USAID/Washington, to assist in determining which companies are in the marketplace and can provide the required services. Currently, Gartner, Inc. offers a unique product with broad sector research access and expertise in multiple business processes, including Finance and Risk Management.

8. Technical or Requirement Personnel Certification

In accordance with FAR 16.505(b)(2)(ii)(B)(9), I hereby certify that the technical statements included above, which form a basis for the justification, are complete and accurate.

Date

9. Contracting Officer Certification

Based on the exception to a full and open competition provided under FAR 16.505(b)(2) and the justification provided above, I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Sandra Asiedu , Contracting Officer Date

10. Approving Official Determination I have determined that - FAR 16.505 (b)(2)(i)(B), as described above, appropriately applies to this order.

Sandra Asiedu, Contracting Officer Date

[STAND ALONE PAGE]

1. Clearance

2. Clearance