J A_(rev._E E_Subscription)_(FBO_posting).pdf

GENERAL SERVICES ADMINISTRATION (GSA)

Justification and Approval (J&A) for

Other than Full and Open Competition

Environmental Executive Online Publication Subscription

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Agency: General Services Administration

Office of Governmentwide Policy (OGP)

1800 F Street NW

Washington, DC 20405

Contracting Activity: General Services Administration

Internal Acquisition Division (IAD)

1800 F Street, NW Washington

DC, 20405

2. NATURE AND DESCRIPTION OF ACTION BEING APPROVED

The statutory authority permitting other than full and open competition is implemented by FAR 6.302-1 and approval is sought herein to purchase environmental executive online publications subscription services on behalf of the GSA, Office of Governmentwide Policy

(OGP). This is for a firm fixed-price annual subscription service. All items in this procurement are not available on GSA Schedule or other Government wide contracts. This document is hereby identified as a "Sole Source Justification.” In accordance with FAR

6.302-1 which pertains to only one responsible source, GSA has determined that E&E

Publishing, LLC is the onlyknown source and no other supplies or services will satisfy agency requirements.

Contemplated Contract Type: A firm fixed-price purchase order.

Proposed Approach under Consideration: GSA intends to sole source an award to E&E Publishing, LLC.

Total estimated value Base Year: $23,000.00

Base + 4 option years: $115,000.00

Period of Performance : Date of Award (DOA) through twelve (12) months plus 4 one-year option(s)

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY'S NEEDS

Description of Service: This procurement is for GSA, Office of Government-wide

Policy (OGP) and the Office of Federal High-Performance Green Buildings

(OFHPGB) annual subscription services for environmental executive online publications. E&E Publishing, LLC is the only known source that can provide the consolidated information that GSA requires to maintain its business line. It provides breaking news and expert analysis of pending legislation in all areas of climate change policy, energy markets, and environmental litigation, delivered via up to five daily email digests per user configurable on an individual user account level for unlimited

GSA users. The following five (5) subscription services are required:

a. EnergyWire - brings readers the latest information on the transformation of the energy sector. EnergyWire delivers insightful coverage of the business and political issues surrounding the rapidly expanding unconventional energy industry in the United States and around the world. It also covers the various developments that are transforming the electric utility industry, including the switch to natural gas, the growth of distributed energy, the need for significant infrastructure expansion and the flattening of demand.

b. ClimateWire - is designed to bring readers unmatched coverage of the debate over climate policy and its effects on business, the environment, and society.

Climate change is like no other issue and E&E has assembled a top-flight team to ensure that ClimateWire delivers the insightful, global, thought-leading and news-breaking coverage that is invaluable to our market — the people who make, influence or will be affected by climate policy.

c. E&E Daily - is the leading source of information for people who track environmental and energy action in Congress. From energy legislation to appropriations bills, E&E Daily brings readers the most comprehensive, objective, original coverage of Congress.

d. Greenwire - is the leading source for comprehensive, daily coverage of environmental and energy politics and policy. Every day, Greenwire’s timely, accurate reporting plugs subscribers into the action surrounding oil and gas resources, nuclear energy policy, Clean Air Act litigation and regulation, the debate over climate change, alternative energy development, water resource management and much more.

e. E&E News PM - provides readers with all the late-breaking news from Capitol

Hill, including schedule changes, markup and floor vote results, new bills and amendments and insight into emerging political issues. It also highlights developing and late-breaking news from across the country, and around the world.This 4:30 p.m. service helps readers be prepared for the next day — before the next day — and know what’s happening to their issues as important events unfold.

4. IDENTIFICATION OF STATUTORY AUTHORITY

The statutory authority permitting other than full and open competition is 41 USC-

253(C)(l)and GSA has determined that there is only one responsible source and no other source will satisfy the agency's needs. Specifically, the basis for other than full and open competition is that the minimum need can only be satisfied by one supplier with unique capabilities in accordance with FAR 6.302-l(b)(l)(i).

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NAUTRE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED.

1) E&E Publishing, LLC is the exclusive creator, publisher and distributor for all the content contained in E&E’s news services. That material is written entirely by E&E’s editorial team and E&E retains the exclusive copyright to that content.

2) E&E Publishing, LLC is the only subscription service provider that can meet GSA’s requirements for five (5) daily on-line publications listed above, and no other similar online subscription service provider can be modified to meet these requirements in

GSA’s existing consolidated sustainability legislation tracking environment.

6. DESCRIPTION OF EFFORTS TO SOLICIT AS MANY OFFERS AS PRACTABLE

Based on purchasing history, services were only available from E&E Publishing, LLC on the

“Open Market. A notice/Request for Quote will be publicized IAW FAR 5.2 on FedBizOpps with the intent to sole source to E&E Publishing, LLC.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE

Pricing will be determined fair and reasonable by comparing the offered price to other publically available Commercial Price Lists. The commercial pricing is posted online via their website. Pricing will also be compared to previous year’s subscription orders.

8. DESCRIPTION OF MARKET SURVEY CONDUCTED.

A search of GSA Advantage and a Google search were conducted but none of the five (5) publication subscription services were found. The search results were unknown.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION.

None

10. LIST OF SOURCES THAT EXPRESSED AN INTEREST IN THE ACQUISITION.

E&E Publishing, LLC (incumbent).

11. STATEMENT OF ACTIONS TO OVERCOME THE BARRIERS TO

COMPETITION

None

12. CONTRACTING OFFICER’S CERTIFICATION THAT THE JUSTIFICATION IS

ACCURATE AND COMPLETE TO THE BEST OF CONTRACTING OFFICER’S

KNOWLEDGE AND BELIEF.

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I hereby 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.

CONTRACTING OFFICER CERTIFICATION:

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

DIANE

X TAYLOR

Digitally signed by DIANE TAYLOR DN: c=US, o=U.S. Government, ou=General Services Administration, cn=DIANE TAYLOR, 0.9.2342.19200300.100.1.1=470010 00011369 Date: 2015.08.24 16:45:07 -04'00'

Diane P. Taylor

Contracting Officer

8/12/2015

X Patrick R. Dale

Patrick R. Dale

Mgmt & Program Analyst

Signed by: PATRICK DALE