JEFO - Gartner Inc. FY20-00218 Draft 8152020 OGC Revised_cb signed PJK Signed.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY20-00218

Date: 08/15/2020 PR Number: RSEN-20-0030

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Science and Technology Acquisitions Division (STAD) prepared this justification for an exception to fair opportunity on behalf of the Science and Technology Directorate (S&T), Office of Science and Engineering (OSE).

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

Pursuant to FAR 16.505(b)(2)(i)(B), DHS/OPO/STAD intends to award a task order for the procurement of Gartner Research Subscriptions by restricting consideration to items peculiar to one source. DHS/OPO/STAD intends to award a Firm-Fixed-Price (FFP) delivery/task order by utilizing the Library of Congress’ FEDLINK Direct Express ordering option, against Indefinite Delivery Indefinite Quantity (IDIQ) contract vehicle LCFDL19C0019, for the acquisition of subscription access to Gartner Research Databases for a period of 12 months.

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

The DHS Science and Technology Directorate (S&T) is the core source of scientific and engineering expertise for the Department and uniquely postured to enhance our Nation's security and resiliency. DHS/S&T is seeking subscription access to the Gartner Research Databases.

Gartner will provide value to S&T by delivering fact-based, objective research and direct access to analysts who are speaking with thousands of clients each year. This insight will help S&T remain in step with, or ahead of, the rapidly evolving IT landscape. With a far-reaching view of the IT landscape, Gartner uncovers patterns and trends that others do not see. For S&T, this means more sound advice and more innovative solutions to the IT and business challenges of the Homeland Security Enterprise (HSE).

Gartner will continuously provide a forward-thinking and strategic partnership that yields actionable information and input that S&T can use to advance its strategic mission and to execute on key initiatives. Gartner membership will aid S&T to identify the most critical, high-impact opportunities to drive improvements and change fast.

Gartner’s comprehensive market coverage will enable S&T to reduce risk whenever critical procurement and investment decisions are at stake. Without access to data on vendor positions, the viability of evolving technologies, and the strength of technology providers, S&T may overlook a critical factor that may impact the technology and vendor selection process.

The period of performance is for 12 months from date of award.

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

OPO intends to procure on a sole source basis as the only responsible source capable of delivering the subscription services, Gartner Research Databases. Therefore, the below information regarding the sole source justification as the only responsible source capable of delivering the subscription services is provided as required by FAR 16.505(b)(2)(ii)(B).The exception for this sole source purchase is based on 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 has the largest IT research body of knowledge available gleaned through proprietary information gathered via analyst interviews of CIOs, CTOs, CDOs, CISOs and other executives in both the public and private sector. This data is not available through any other means at a reasonable cost. In addition, the Gartner magic quadrants and similar propriety products based on their research are immensely valuable to S&T.

Market research has indicated that that the subscription provided by the vendor pull from a unique data set different from any other vendor’s offerings, and that there is no feasible way to insert competition into the fulfillment of this specific requirement because the other research-based vendors’ datasets are unique to their offering in other fields.

SKU Product Description Qty. Unit Price Total

0001.1 Executive Programs Leadership Team Plus -

Team Leader 1 $92,796.00 $92,796.00

0001.3 Executive Programs Leadership Team Plus -

Partner Member 2 $76,474.00 $152,948.00

0001.4 Executive Programs Leadership Team Plus -

Advisor Member 1 $36,373.00 $36,373.00

0001.83 Technical Professionals - Advisor Team 1 $55,819.00 $55,819.00

*Optional Line Items

0001.3 Executive Programs Leadership Team Plus -

Partner Member 1 $76,474.00 $76,474.00

0001.4 Executive Programs Leadership Team Plus -

Advisor Member 1 $36,373.00 $36,373.00

0001.5 Cross Function Member 1 $26,196.00 $26,196.00

Total $476,979.00

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

The Library of Congress has done due diligence and negotiated reasonable rates for Gartner Research Subscriptions for the federal government.

6. Any other facts supporting the justification.

N/A

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.

Prior to issuing any subsequent contracts, Market Research will be conducted to monitor the environment at that time to determine if similar subscription services exist to meet S&T needs. If another subscription service is developed then S&T will evaluate to decide if a competitive procurement is warranted.

8. DHS intends to post this Justification for Exception to Fair Opportunity (JEFO) on beta.SAM.gov pursuant to FAR 16.505(b)(2)(ii)(D).

Per FAR 16.505(b)(2)(ii)(D) DHS intends to post this Justification for Exception to Fair Opportunity (JEFO) on beta.SAM.gov within 14 days of placing the order which exceeds the simplified acquisition threshold that does not provide for fair opportunity in accordance with FAR 16.505(b).

In accordance with the Gartner Ordering Guide for the Library of Congress FEDLINK Contract LCFDL19C0019 Ordering Section Paragraph 1 Ordering Offices are not required to synopsize the requirement.

Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Christina Bapst-Stump Date Technical Representative/COR Office of Science and Engineering (OSE)

10. Contracting Officer Certification and/or Approval *

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Not exceeding $700,000 Date Contracting Officer (CO) Patrick J. Kennedy Science and Technology Acquisitions Division (STAD)

*Note: In accordance with FAR 16.505(b)(2)(ii)(C)(1), proposed orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $700,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.

For OPO, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).