JA EI_Redacted.pdf

Justification for Other Than Full and Open Competition (Cont’d)

(SP0604-22-Q-0400 – EI)

an intent to sole source notice on SAM.gov (SP0604-22-Q-0400). However, since EI is the only source available for this membership, there was no expectation that other sources would be identified. Additionally, since these publications are the agreed-to indexes in ongoing DLA Energy contracts, no other product or service would satisfy DLA Energy’s need. Therefore, in accordance with 10 U.S.C. 2304(c) (1), EI is the only source that can meet this specific agency requirement.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (FAR 6.303-2(b) (5)):

EI is uniquely qualified as it is the only source for access to their publications through electronic content. The membership and publications are a proprietary to EI, is tailored to the European market, and no other source can provide these requirements for DLA Energy.

6. Description of the efforts made to ensure that offers are/were solicited from as many potential sources as is/was practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies (FAR 6.303- 2(b)(6)):

On October 20, 2021, DLA Energy-FEA posted an intent-to-sole source notice on SAM.gov (SP0604-22-Q-0400); no vendors responded to the notice resulting in no additional competition to meet this requirement. Therefore, EI is the only source available to meet DLA Energy’s needs at this time.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b) (7)):

The Contracting Officer determines the quote offered by EI to be fair and reasonable in accordance with FAR 15.404-1(b)(2)(ii), “Comparison of proposed prices to historical prices paid, whether by the Government, for the same or similar items...” The price for the same contract for membership in 2021 was £10,000 ($12,887.26), which was previously determined to be fair and reasonable due to the Government receiving a 60 percent discounted rate at £10,000 a year compared to the price for the same contract for a commercial member (non-government member) of £25,000 a year. The annual 2022 membership dues of £10,000 ($13,757.00) is the same as the 2021 price. The current proposed price is fair and reasonable in comparison to previous prices for the same item.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b) (8)):

EI is the only source available for the required membership. Therefore, DLA Energy has no expectation that market research or other efforts will result in future competition.

Justification for Other Than Full and Open Competition (Cont’d)

(SP0604-22-Q-0400 – EI)

9. Any other facts supporting the use of other than full and open competition, such as (FAR 6.303-2(b) (9):

DLA Energy-FEA posted an intent-to-sole source notice on SAM.gov (SP0604-22-Q-0400); no vendors responded to the notice resulting in no additional competition to meet this requirement.

Therefore, EI is the only source available to meet DLA Energy’s needs at this time.

(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competitor have not been developed or are not available.

Not applicable.

(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a) (2) (ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

Not applicable.

(iii) When 6.302-2 is cited, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

Not applicable.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition (FAR 6.303-2(b) (10):

No sources replied to the Intent-to-Sole Source Notice posted to SAM.gov.

11. Actions that may be taken to remove or overcome barriers to competition before any subsequent acquisition for the supplies or services are required (FAR 6.303-2(b) (11)):

There are no known actions that will allow DLA Energy to overcome the competition barriers for this requirement.