JOFOC BTA Port Performance FMC-BTA-24-0013 redacted.pdf

Justification for Other Than Full and Open Competition

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity

The Federal Maritime Commission, Bureau of Trade Analysis (BTA), proposes to enter into a contract on a basis other than full and open competition.

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

BTA has a requirement on a sole source basis for a subscription to a commercially available database at an estimated cost of $265,457.

Proposed contractor:

IHS Global, Inc.

15 Inverness Way East Englewood, CO 80112 ATTN: Allison Dacruz

(3) Description of Supplies/Services

The requirement is to provide access to the Port Performance dashboard. IHS Global is the only provider of this data in a current, online database of global maritime ports. This subscription provides BTA analysts with global maritime port, terminal and berth metrics needed to analyze port delays, congestion and supply chain bottlenecks to assist in developing various work products for use in FMC’s policy decisions. The annual subscription provides access to the Port Performance dashboard data for up to 5 concurrent users. Market Research determined that IHS Global Inc. is the only provider of this data as a single accessible database.

ITEM No. PERIOD SUPPLIES/SERVICE Quantity AMOUNT

00001

Base Period

POP: 09/29/2024 – 09/28/2025

Port Performance Dashboard & 50 Port Option

1 to 5 Users

10001

Option Period One

POP: 09/29/2025 - 09/28/2026

20001

Option Period Two

POP: 09/29/2026 – 09/28/2027

30001

Option Period Three

POP: 09/29/2027 – 09/28/2028

40001

Option Period Four

POP: 09/29/2028 – 09/28/2029

Total Five-Year Period $265,456.79

(4) Identification of Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is 41USC 3304(a)(1) implemented by the Federal Acquisition Regulation (FAR) Part 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

(5) Demonstration That Proposed Contractor’s Unique Qualifications Require Use of the Authority Cited

One company is known to provide this data: IHS Global Port Performance dashboard. The Port Performance dashboard allows analysts to measure container port, terminal, and berth performances; assess port/terminal delay risks; conduct trend analysis on gateway performance;

access to data-based assessment of terminal utilization levels. Tracking of total port hours, vessels waiting and cargo unloading times, berth productivity, call size and vessel size development, gross crane moves per hour and crane intensity are examples of metrics tracked with the Port Performance dashboard. This allows for highly developed analysis including comparing performance on multiple metrics with multiple filters.

(6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable

A Notice of Intent to Sole Source will be posted on Sam.gov pursuant to FAR Subpart 5.201(b)(1). The notice will allow interested vendors to submit their capabilities and qualifications to perform the effort in writing.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable

The Contracting Officer has determined that the anticipated cost is fair and reasonable based on comparison to similar web based services on Purchase Order 65310221P00005, where a single user is approximately per user.

(8) Description of Market Research

Market Research was conducted during July and August 2024 by consulting Government databases and provider websites. Internet research failed to come up with other sources that would meet the requirements. There are several sources that provide similar information in an annual report format rather than the required interactive, online database that is updated daily and/or monthly. Other sources were limited to a single US Port or US Ports in general rather than the required Global Port range.

(9) Any Other Facts Supporting the Use of Other Than Full and Open Competition

There are no additional facts.

(10) A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition

None.

(11) A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required

No action is expected to be taken to increase competition.

(12) Contracting Officer’s Certification:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

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 Date

APPROVAL:

Contracting Officer Date

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

Over $250,000.00 (CO-112) Date Component Competition Advocate

Over $250,000.00 (CO-112) Date Head of Contracting Activity