Gartner FY24 - Exception to Fair Opportunity Justification Redacted.pdf

Federal Communications Commission Enterprise Acquisition Center

EXECEPTION TO FAIR OPPORTUNITY

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 16.505(b)(2)(ii)(B)

Procurement Request Title: Gartner Research & Advisory Services (FY24) Procurement Request Number: PRO ITC2400064 Date: 5/20/2024

1. Identification of the agency and the contracting activity, and specific identification of the document as an "Justification for an Exception to Fair Opportunity.”

This justification was prepared in accordance with FAR 16.505 by the Federal Communications Commission, Headquarters; Office of Managing Director (OMD), Office of the Chief Information Officer (OCIO) and Enterprise Acquisition Center (EAC) located at 45 L Street N.E., Washington

DC 20554.

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

The purpose of this justification is to obtain approval to issue a firm fixed price order for Gartner Research and Advisory Subscription Services (Gartner). The approval is to restrict competition to the vendor that can provide subscription services of the product. The Gartner Research & Advisory Subscription Services provides the following items, while complying with Federal and FCC mandated IT requirements.

• Gartner Executive Prgms Leadership Team Plus – Leader for one member

• Gartner Executive Prgms Leadership Team Plus – Advisor Member for one member

• Gartner Executive Prgms Leadership Team Plus – Cross Function Member for two members

• Gartner for Technical Professionals Team – Team Leader for one member

• Gartner for Technical Professionals Team – Team Member four members

This action will be procured using the Library of Congress FEDLINK program (“FEDLINK”).

FEDLINK works with the Office of Management and Budget (OMD) Category Management Leadership Council (CMLC) to develop a government-wide solution for information services.

The CMLC has designated FEDLINK as the lead agency for this effort. All branches of the government are invited to participate in FEDLINK’s information services solution to further maximize the benefits.

This acquisition is being conducted in accordance with 2 U.S.C. § 182c (f)(1)(A), Federal entities in the executive branch (including Department of Defense agencies), the legislative branch, and the judicial branch, independent agencies, and Federal agency vendors that are authorized to use Federal sources of supply under Federal Acquisition Regulation (FAR) subpart 51.1 may be authorized to place orders under the terms and conditions of the contract.

Orders placed against the Library of Congress’s FEDLINK IDIQ contract will be in accordance with the FAR. Ordering offices do not need to synopsize the requirement. The terms and conditions of the IDIQ contract will be incorporated in any resulting order. The place of delivery is F.O.B. destination in accordance with FAR 52.247-34 (Nov 1991).

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

This is for the renewal of the Gartner Research & Advisory Services Subscription. The period of performance includes a twelve (12) month base period with four (4) twelve (12) month option periods starting with a Period of Performance of 06/01/2024 - 05/31/2025. The estimated total contract value is for a total of nine (9) user licenses.

4. An identification of the exception to fair opportunity rationale and the supporting rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service. 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)(B) “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized”. The current Gartner license subscriptions meet all the FCC’s technical and functional requirements. There are no other products on the market that satisfies the needs of commission. Gartner provides technical domain architects with the actionable research, expert guidance and interactive tools needed to deliver on FCC’s technical strategy, accelerate project timelines, avoid costly pitfalls and validate technical solutions. Unlike other IT research and advisory subscriptions, Gartner for Technical Professionals provides practical and detailed technical insights targeted toward technical domain architects within software, data and analytics, security and risk management and infrastructure and operations functions. It is the only research subscription that provides IT architectural decision-support tools such as Solution Paths, Planning Guides, Decision Points and reference architecture, including access to the Reference Architecture Resource Center. Given that Gartner, Inc has familiar knowledge of the FCC environment and meets the technical/functional requirements, they are best suited to provide Gartner Research & Advisory Services.

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

The task order price will be determined fair and reasonable by comparing rates under Gartner’s GSA MAS IDIQ, FEDLINK IDIQ and it’s commercial rates. Under the GSA MAS and FEDLINK IDIQs the rates have been determined fair and reasonable. The proposed rates are discounted below the discounted rates under both the GSA MAS and FEDLINK’s IDIQ.

6. A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted.

This contract is to support IT modernization efforts. As such, market research was conducted to determine the most efficient and cost-effective approach to obtain the desired Gartner Subscription Services of this brand name request. Research and Advisory Services are sold exclusively by Gartner. There are no authorized resellers, distributors, or VARs to deliver Gartner products to U.S. Federal, State, or Local property and are only available in the U.S.

through Gartner. Gartner is the only entity capable of providing Gartner Research and Advisory Services.

The FCC has concluded that the most efficient and cost-effective approach to obtaining the requested services is by leveraging LOC FedLink IDIQ contract. Using LOC’s IDIQ represent the best value to the Government as the agreed to prices will be based upon already competed and approved prices. In addition, FEDLINK approved solution is required for Network security reasons.

The LOC FedLink ordering guide is provided with this acquisition package; Gartner – FedLink Ordering Guide.

7. Any other facts supporting the limited source justification.

Gartner, Inc has familiar knowledge of the FCC environment and is best suited to provide Gartner Research & Advisory Services.

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

The FCC continues to perform market research on the annual basis to make sound business decisions. The FCC functional requirement is continuously updated to ensure that FCC considers other business solutions.

9. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

As evidenced by my signature below, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

10. 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