Gartner_JEFO_FullyExecuted_Redacted.pdf

DEPARTMENT OF ENERGY

Office of Headquarters Procurement Services

1000 Independence Avenue, SW Washington, DC 20585

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY UNDER

MULTIPLE AWARD CONTRACTS (FAR 16.505)

(see FAR 16.505(b)(2)(ii)(B))

1. Identification of the agency and the contracting activity.

The requiring activity is the U.S. Department of Energy (DOE), Office of the Chief Financial Officer (OCFO). OCFO plans to contract with Gartner, Inc., located at 1201 Wilson Boulevard, Arlington, VA 22209, by means of a Justification for an Exception to Fair Opportunity (JEFO).

The appropriate North American Industry Classification System (NAICS) code is 519190, All Other Information Services, and the applicable size standard is $30 million. The DOE, Office of Headquarters Procurement Services (MA-64) is the procuring activity for this requirement.

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

This acquisition will be conducted in accordance with Federal Acquisition Regulation (FAR) subpart 16.505 Ordering Procedures and will leverage the Library of Congress FEDLINK (Federal Library & Information Network), Indefinite Delivery Indefinite Quantity (IDIQ) contract vehicle. This award will result in a Firm Fixed Price (FFP), sole source Delivery Order to Gartner, Inc. which provides access to various specialized subscription services for OCFO officials at DOE Headquarters (HQ).

The period of performance will include a 12-month base period and four (4), twelve (12) month option periods.

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

The OCFO requires access to the following subscriptions: Gartner for IT Leadership Team Plus:

Team Leader and Advisor services and Gartner for Technical Professionals. These services provide the following capabilities:

• Federal client community (a federal IT peer network comprised of federal employees from across the government who are Gartner clients and encounter similar operational and strategic issues) who can help with DOE’s IT questions, policies and strategies;

• A team solution structure that provides coordination of research and advisory activities for an executive team;

• Information security management program which will support the OCFO in designing, implementing and maturing security practices to protect critical business systems, processes and data across the enterprise;

• Gartner DOE-only Account Executive and 2,000+ analysts. Market analysis in 140 technology segments;

• 5,000 research documents produced annually totaling 135K documents across 1,400 technology and business topics;

• One-to-one client interactions and vendor briefings;

• Provides in-depth technical information and research in domains including technical planning and decision making, architecture and design, and technology assessment; and

• Repository of IT performance and staffing data.

The total estimated value of this Delivery Order inclusive of all options is as follows:

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.

As implemented by 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.”

Gartner provides unique and proprietary subscription products with its subscription. The services provide customized and timely information regarding the specific issues that affect DOE/OCFO, including budget, authorizations and appropriations.

Gartner will provide alerts, tracking, and analysis services on congressional legislation, including budget and appropriations. The service includes access to legislative bills as well as transcripts of committee meetings and testimony from both the U.S. House of Representatives and the U.S.

Senate. OCFO will have access to seven separate user accounts as a part of the service.

All content in the service is copyrighted or otherwise owned by Gartner or is delivered as part of processes and technologies owned by Gartner. Title and ownership rights of all Gartner owned or developed software (including, but not by way of limitation, source and object code, and design), addresses or configurations (collectively the “Software”) associated with or contained in the service remain with Gartner.

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

The anticipated dollar value for this acquisition is DOE’s Office of the Chief Information Officer (OCIO) has a contract for similar Gartner services (89303019FIM400023).

Based on historical cost data from the OCIO award, the anticipated cost appears to be fair and reasonable.

The costs associated with this Delivery Order submitted against the current FEDLINK Gartner IDIQ #LCFDL21D0001 are based on competitive negotiated rates which were deemed fair and reasonable at the time of the IDIQ award.

Additionally, the Contracting Officer will ensure that a determination of fair and reasonable pricing is made prior to making an award.

6. Any other facts supporting the justification.

Due to the need for unique and proprietary subscription services, the Government did not solicit from other sources. However, the Government intends to publicize this JEFO to the Government-wide Point of Entry (beta.sam.gov) for a minimum of 30 days in accordance with FAR 16.505(b)(2)(ii)(D).

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.

Based upon the aforementioned facts and details identified in Section 4 of this JEFO, the Government does not foresee a feasible alternative to the selected source. However, the OCFO will continue to monitor and make periodic surveys of the commercial marketplace for viable, cost effective options to meet this requirement and will make every effort to ensure that future requirements are assessed for competition viability.

8. The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

As confirmed by the signature below, the Contracting Officer hereby certifies that the facts and representations included in this justification are accurate and complete to the best of his knowledge and belief.

9. 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 rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

The OCFO has a bona fide need for Gartner’s unique and proprietary subscription products. In addition, they have reviewed the justification for accuracy and completeness and have certified the data contained herein as evidenced by the signature of the Acquisition Initiator, Deputy Director.

10. A written determination by the approving official that one of the circumstances in paragraphs (b)(2)(i)(A) through (E) and (G) of this section applies to the order.

It has been determined by the approving official that the circumstances identified in 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,” applies to this order as referenced in Section 4 above.

11. Reviews and Approvals

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Acquisition Initiator:

Date

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Reviewer:

Reviewer:

3/23/2021

3/24/21