J&A_CEB_FY2019_(Order_3_for_OCIO)_V2.pdf

U.S. Department of Homeland Security Federal Emergency Management Agency Acquisition Management Division

June 14, 2019

Justification for Other Than Full and Open Competition

41 U.S.C. 3304

1. Agency and Contracting Activity. Requiring Office: FEMA/OCIO/OPAG, COR: Dexter Dewitt Jones, Address: FEMA Headquarters - 500 C Street, SW, Washington, DC, 20472- 0001, Telephone: (202) 957-9630 Email: Dexter.Jones@fema.dhs.gov

2. Nature and/or description of the action being approved. Proposed contractor: Gartner Inc. – 56 Top Gallant Road. Stamford, CT 06902-7700 POC: Christina Stafford, POC Phone: (571) 241-7677

Type of action: Firm-Fixed price order

Estimated value of the acquisition: $87,583.00

Type of funding: Annual OS

Type of Funding: 2019

Other brief descriptive words and phrases: Fedlink – Direct Express Purchase –

Subscription Service

3. Description of the supplies or services required to meet the agency’s need. Enterprise- Wide access to FEMA for Gartner sites for commercial off-the-shelf electronic information resources to support information technology research. It is a one-year subscription service.

4. Authority for acquiring the supplies or services on other than a full and open competitive basis

[ ] Authority is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

[ ] Authority is FAR 6.302-2, unusual and compelling urgency.

[X] Authority is FAR 6.302-5, authorized or required by statute. (Check one.)

[x] Procurement be made through another agency or a specified source— 10 USC 2304(c)(5).

□ Qualified Nonprofit Agencies for the Blind or other Severely Disabled— 41 USC 46-48c.

□ Government Printing and Binding—44 USC 501.

□ Sole source award under the 8(a) Program—15 USC 637.

□ Sole source award under the HUBZone Act of 1997—15 USC 657a

□ Sole source award under the Veterans Benefit Act of 2003—15 USC 657f

[ ] Authority is FAR 8.4, brand name specifications or less than three sources are being considered under Federal Supply Schedule.

5. Demonstration that the nature of the acquisition require use of the authority cited. Per the Library of Congress’ (LOC) Fiscal Operations Improvement Act, P.L. 106-481, section 103 (2 U.S.C. section 182c), the Library Congress is authorized to provide education and related services to other Agency’s which support the LOC mission such as commercial information services and publications. Gartner Direct Express is an on-line information subscription service which FEMA plans to purchase.

Under the LOC’s Fedlink system, Agencies can do an Interagency Agreement (IAA) and pay the LOC. The LOC will act as a “middleman,” and place the organization’s order with the vendor. However, Agencies, which FEMA uses, can also use the Direct Express option.

Agency simply places an order against the existing Fedlink delivery order contract.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The Library of Congress (LOC), Direct Express program is authorized under the LOC’s Fiscal Operations Improvement Act, P.L. 106-481, Section 103 (2 U.S.C. Section 182c).

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. This is a commercially sold item and the pricing is set by Fedlink through its contracting process. This is supported by a review of the contractor’s website which shows a robust system with commercial applications and a level of user involvement. As a result, this purchase will be made using the Fedlink Direct Express option.

8. Market Research. No additional market research was conducted to determine potential sources because this is a purchase from/through a required source.

9. Any other facts supporting the use of other than full and open competition. None

10. A listing of sources, if any that expressed, in writing, an interest in acquiring. None. No synopsis is required per Federal Acquisition Regulation (FAR) 5.202(a)(4) – LOC Fedlink.

11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required. None.

12. Contracting Officer’s Certification. I certify that the data supporting use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification is complete and accurate.

Technical Representative/COR Date

APPROVAL:

Contracting Officer