JA DoD OReilly.v6_Redacted.pdf

FOR OFFICIAL USE ONLY

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes

Contracting Activity: 772 ESS

Program / Project (and PE, if applicable: O'Reilly Online Learning

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C.

1901) AFFARS 5313.501 - 10 U.S.C. 2304a, Special Emergency Procurement Authority (41 U.S.C.

1903)

Justification Type: Class Individual

COORDINATION (AFFARS 5306 . 304 ( a) )

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NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

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Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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I. Contracting Activity.

This justification and approval to request authority for Other Than Full and Open Competition supports requirements generated for the Department of Defense (DOD). The contracting activity for this requirement is the 772nd Enterprise Sourcing Squadron JBSA-Kelly Annex, San Antonio, TX.

II. Nature and/or description of the action being processed.

Due to circumstances described herein, the activity requests authority to procure electronic access to O ’ R e i ll y O n l i n e L e a r ni ng database using Other Than Full and Open Competition as prescribed by FAR 13.106-1(b) Soliciting from a Single Source, and 13.501(a) Sole Source Acquisitions. This individual action will result in the award of a new Firm Fixed Price (FFP) contract. This sole source requirement will be acquired from the following organization:

O'Reilly Media, Inc.

1003 Gravenstein Hwy N Sebastopol, CA 95472-2811

III. Description of supplies/services required to meet agency needs.

The proposed effort covered by this individual Justification and Approval is for a twelve (12) month subscription to the O’Reilly Books Online's technical reference database. The DoD Library Consortium, including the Department of the Air Force Library Program, has a requirement for an online technical reference database that meets our mission to provide quality and technically capable materials as stated in AFI 34-150 and the DoD libraries program mission 1015.10. The libraries support military personnel assigned to contingency operations, remote sites, and military missions IAW DoDI 1015.10, Military Morale, Welfare, and Recreation Programs. The program provides professional military and voluntary education materials and services. The libraries also provide facilities, resources and services to enhance the quality of life, regeneration and resiliency for authorized customers. The DoD Library Consortium exists to create partnerships among the libraries within the various services of the DoD. They cooperatively acquire materials that are made available to military and civilian employees across the DoD. The required database will help the DoD library Consortium meets the above mission by providing the library users with educational materials while also enhancing the personnel's quality of life.

This resource needs to be holistic in scope and offer an all-encompassing collection for e-reference resource for technology and business professionals that provides access to eBooks, videos, and tutorials featuring technology, live instructor training, and digital media and professional development topics. The resource needs to provide books and videos on technology and professional test preparation from publishers including but not limited to O'Reilly, Pearson, Wiley, Pact, Harvard Business Review, and Wharton Digital Press and be able to provide live online training with instructors in real time. These resources need to be made available through the various military information portals and interfaces, as well as provide their own interface that can be accessed through an independent web site and mobile application to ensure that remote and isolated units may access the material. The resource needs to provide online research tools from professionally curated sources that offer trusted information in eBooks, videos, case studies, and interactive tutorials with a focus on technology, digital media, coding, cybersecurity, web design and professional development topics.

IV. Statutory authority permitting other than full and open competition.

FAR 13.106(b), Soliciting from a Single Source

FAR 13.501(a), Sole Source acquisitions

This acquisition uses Simplified Acquisition Procedures because it falls within the authority of the Commercial

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Item Test Program.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The DoD library users and staff will not have access to critical, one- of - a - k i nd content without this sole source acquisition. Library users require up-to-date, real-time access to an e-reference resource focused on business and technology. O’Reilly offers exclusive content including thousands of hours of video from O'Reilly's 16 global conferences featuring cutting-edge thinking from the world's foremost technology and business leader, including pre-release books. Safari books are available for unlimited simultaneous user access and can be downloaded for offline use both through desktop browser and mobile app. Content is constantly updated and improved. Topics cover all aspects of IT and business. Safari has the most comprehensive collection of computer technical manuals and business texts, and this is coupled with Safaris unique expert-curated learning paths. With over 54,000 reference resources, videos, and interactive tutorials, including exclusive business case studies. These Safari case studies provide in depth research into the functional application and best practices gleaned from real world business and technical endeavors. O’Reilly is vital to the ongoing mission (see section III) of the DoD libraries. While other vendors may have collections that support technical manuals or business texts, no other vendor provides this comprehensive of an authoritative collection, curated material, and real- w o rld examples. The depth and breadth of their collection is an essential quality to the DoD library requirement. This subscription will need to meet the information needs of a wide variety of missions and individuals. This resource will provide information and services to Technical Libraries in all branches of service, including engineering and cyber research programs. Also, this resource will be utilized by individuals pursuing voluntary education goals across the DoD including remote, isolated, and downrange locations. The DoD's requirement for this purchase means that the subscription needs to meet the demands of high- l e v e l technical services, as well as individuals pursuing advanced degrees. The subscription must offer the collection and services to meet the needs of a broad user base, provide high quality resources, and be accessible in all locations. The depth and breadth of O’Reilly collection make it the only feasible supplier that can meet the DoD libraries’ needs and provide customers with an all-inclusive database. There aren't comparable services that would cover all these aspects in one place with the same functionality and access.

O’Reilly has exclusive legal copyright to its O'Reilly, case studies, and curated content collection and is a "must order direct" company. The O'Reilly technology content unique to Safari includes AI, Cybersecurity, Software Engineering, Big Data and Data Management, Data Ethics, Software Architecture. The publisher does not market their web products through any other distributors, so the content is not available from any other source.

These case studies are vital to the users of the DoD Library Consortium, and to the effectiveness of the technical database. The market research did not provide any known replacement of the curated content provided by O’Reilly. The proposed sole source is the only known source capable of providing the supplies for this requirement.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A sources sought notice was posted on requesting any interested firms to submit a capabilities package indicating their capability to meet the requirement; O’Reilly Media, Inc was the only response received.

An intent to award sole source was posted on FBO advising industry of the intent of the government to award sole source and requesting any interested firms to submit a capabilities package indicating their capability to provide the requirement; no viable responses were received. See FI #5 for more information on the notice.

AFSVC/VCL surveyed the market for vendors to determine if competition was available for the requirement.

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The library used publishers' advertisements, professional conferences, vendor demonstrations, customer suggestions and new publication reviews to conduct its surveys. No viable vendors were found.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 13.106-3(a), the Contracting Officer shall determine that the proposed price is fair and reasonable. The basis of this determination is anticipated to be based on FAR 13.106-3(a)(2)(ii) and FAR 13.106-3(a)(2)(iii). This has been previously procured by the Navy Installations Command for the DoD, and the price shall be verified against Safari's price lists, catalogs, or advertisements and by comparison to prices previously paid.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. Moreover, the AFSVC/VCL surveyed the market to determine if competition was obtainable. The library reviewed advertisements, new publications, and available conferences to ensure the course of action for a sole source acquisition was the most appropriate moving forward.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

None.

X. List of any sources that expressed, in writing, an interest in the acquisition.

O’Reilly Media, Inc.

1005 Gravenstein Highway North Sebastopol, California 95472

The proposed sole source is the only known source that can satisfy the government's requirement. No other sources expressed interest.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The contracting activity will post a Sources Sought and Intent to Award Sole Source on SAM.gov, as described in Section VI above, in order to obtain competition. If acceptable responses are received, the contracting activity will modify its strategy accordingly.

AFSVC/VCL will keep an open dialog with the users/patrons and evaluate statistics to determine the necessity to use this resource to supplement its collection of research databases. AFSV/VCL will continue to survey the market for vendors to obtain competition in databases. The library will use publishers' advertisements, professional conferences, vendor demonstrations, customer suggestions and new publication reviews in conducting its surveys.

XII. Certification by the Contracting Officer.

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

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XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

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