JOFOC Elsevier _Redacted.pdf

JOFOC-2020-003

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

NASA SHARED SERVICES CENTER (NSSC)

Justification for Other than Full & Open Competition (JOFOC) Authority: 41 U.S.C. 1901, as implemented by FAR 13.501(a)

1. Agency and Contracting Activity

National Aeronautics and Space Administration NASA Shared Services Center (NSSC) Bldg. 1111, Jerry Hlass Road Stennis Space Center, MS 39529

2. Nature and/or Description of the Action Being Approved

The NASA Shared Service Center (NSSC) anticipates awarding a sole source firm-fixed price purchase order for renewal access to the Elsevier B.V.

ScienceDirect online subscription. Elsevier is the only known source that can meet the Agency requirements. The nature of the action being approved is the purchase for the renewal of ScienceDirect online subscription to have access to 300 Unique Titles and 55 Subscribed Titles comprised of journals, reviews, annuals, bulletins and other publications. Elsevier will provide access to the content and resources it publishes through Science Direct.

Authority is requested to negotiate a firm-fixed price purchase order with Elsevier to procure ScienceDirect online subscription services for Langley Research Center.

3. A Description of the Supplies or Services (Including the Estimated Value)

NASA Langley OCIO Information Management Branch (IMB) manages the Langley Technical Library. To further the Center’s research capabilities, the Library subscribes to numerous engineering, science, and specialty research area subscriptions for use by our science, research and engineering community. Elsevier is the world’s leading publisher of science, technology and health information including approximately 2,500 journals and more than 38,000 e-books and major reference works containing over 15 million peer-reviewed publications from Elsevier and their publishing partners.

Also, Elsevier is the only source for access to ScienceDirect. Elsevier is an information analytics business specializing in science and health information and resources. Elsevier has digitized as much of the pre-1995 journal owned-content as possible, bringing articles onto ScienceDirect from as far back as 1823. An additional year of content will be added each year that the subscription remains in force. ScienceDirect provides access to comprehensive, interdisciplinary knowledge for researchers in areas of interest to NASA researchers. Elsevier’s eBooks help researchers explore

2 | P a g e unfamiliar subject matter, branch into related disciplines, and develop an understanding of emerging technologies and subject fields. Elsevier eBooks are accessed via ScienceDirect and provide access to 38,000+ titles across a spectrum of years. A review of Fedlink IDIQs was conducted via https://www.loc.gov/flicc/contracts/pdfs/FEDLINKVendors2019.pdf yielding contract availability under Elsevier subscription services Fedlink IDIQ LCFDL19D0078; however, through communications with Elsevier it has been determined that they can offer a better pricing package via open market avoiding the fee included when leveraging Fedlink’s IDIQs.

The product offerings listed under the renewal have a total estimated contract value of for the procurement with a contract term of one (1) year, consisting of a single twelve (12) month base period.

Authority for the Justification for Other Than Full and Open Competition is provided by 41 U.S.C. 1901, Simplified Acquisition Procedures, as implemented by FAR 13.501(a). This justification is based on Pointwise being the only responsible source and no other supplies or services will satisfy agency requirements. This JOFOC complies with the special documentation requirements of FAR 13.501(a)(1)(ii).

Elsevier is the world’s leading publisher of science, technology and health information including approximately 2,500 journals and more than 38,000 e-books and major reference works. The LaRC science, research and engineering community have had continued access to the required ScienceDirect subscription services for several years. ScienceDirect combines authoritative, full-text scientific, technical and health publications

3 | P a g e with smart, intuitive functionality allowing users here at LaRC to stay more informed and work more effectively and efficiently. In order to further the Center’s research capabilities, it is essential that the Langley Technical Library subscribes for continued access to numerous engineering, science, and specialty research area subscriptions for use by their science, research and engineering community. Elsevier is the only source for access of the required subscription services, which provide web-based access to searchable databases with unique access to proprietary components featuring scientific, technical, medical and healthcare journals, books, abstracts, bibliographic records and related current and retrospective multidisciplinary information published by Elsevier and its affiliates and other publishers under license. Elsevier is the sole source for the primary and online distribution of ScienceDirect. Competition is impractical for the following reasons: Elsevier is a sole source for this item, and therefore holds the exclusive licensing agreement, so it is in the best interest of the Government to purchase this item directly from the publisher. Per Sole Source letter received, Elsevier B.V. is the “sole source” of the following subscription services, which provide web-based access to searchable databases with unique search functionality and proprietary components featuring scientific, technical, medical and healthcare journals, books, abstracts, bibliographic records and related current and retrospective multidisciplinary information published by Elsevier and its affiliates and other publishers under license: ScienceDirect @ sciencedirect.com.

This requirement will be synopsized and posted on FEDBIZOPPS in accordance with FAR 5.201. Synopsis results will be included in the official contract file. Based on the authority cited in paragraph 4, it is concluded that our minimum needs are only reasonably available from the selected source.

NASA will continue to look for opportunities to open competition for this requirement and will monitor the marketplace for potential competition in the future.

Before making award, the Contracting Officer will determine that the proposed price is fair and reasonable based on one of the techniques identified in Federal Acquisition Regulation (FAR) Subpart 13.106-3 – Award Documentation. This procurement is for a commercial item. Thus, the price can be determined fair and reasonable based on a comparison of the established market price, historical pricing, and current price lists. NASA has historical contract information from previous awards with Elsevier, there are

4 | P a g e no anticipated issues that would circumvent a fair and reasonableness price determination. The Contracting Officer will determine price reasonableness during the proposal evaluation process prior to contract award.

8. Description of Market Survey

NASA Langley OCIO IMB manages the Langley Technical Library and has conducted a review on SEWP, GSA Advantage and a targeted internet search for the required research subscription services. With over 15 million publications from about 2,500 journals and 38,000 e-books, Elsevier is the "sole source" for the required services, which provide web-based full-text access to searchable databases with unique search functionality and proprietary components published by Elsevier and its affiliates and other publishers under one license. In Langley’s market research discussions with Elsevier, it confirmed Elsevier the sole provider of the required subscription services and there are no other sources that can provide Langley with the required access. The continued use of ScienceDirect online subscription is essential to the Center’s research mission capabilities.

NSSC also performed market research in accordance with FAR 8.002, to review mandatory sources such as the Mandatory Government Sources List and determined that there was no availability from those sources. Since the requirement could not be satisfied from the mandatory sources listed in

8.002 and 8.003, the NSSC Procurement Operations Branch reviewed other non-mandatory sources. A review of GSA Advantage was performed and the requisite subscription services are not available on GSA Federal Supply Schedule (FSS) contracts. A review of the NASA SEWP contract was conducted as well and it was determined that NASA SEWP does not allow for subscription procurements. A Google search was performed and no additional sources were found.

9. Any Other Facts Supporting the Use of Other than Full and Open

Competition

The Science Direct package is based on specific NASA needs to allow unlimited NASA personnel to have access to articles, publications, programs, organizations and topics that have impact on their respective programs and projects so employees maintain knowledge of current events in their fields of interest in order to perform their jobs.

Elsevier provides access to the content and resources it publishes through Science Direct. Elsevier has a strong legacy of structuring and delivering data to global customers. The continued use of ScienceDirect online subscription is essential to the Center’s research mission capabilities. It would take substantial duplication of resources and time for another source to provide

5 | P a g e the required subscriptions, and this additional expense is not expected to be recovered through competition.

Elsevier B.V.

The Agency will continue to examine the market in the future for alternative solutions before executing any subsequent contract action for the requirement herein. Due to the nature of the expressed requirement, there are no known actions which the Agency may take to give consideration to other manufacturers for the requirements described herein. Prior to the award of future contracts, market research will be completed to determine if potential sources have emerged that will allow for competition.

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TECHNICAL CERTIFICATION:

I hereby certify the facts in this justification and any supporting data used for this justification are accurate and complete to the best of my knowledge.

Robert Quinn, LARC

Date

Technical POC

CONTRACTING OFFICER CERTIFICATION:

I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief pursuant to the requirements prescribed in FAR Subpart 13.5.

Joseph R. Tynes Date Contracting Officer, Agency NASA Shared Services Center

LEAD CONTRACTING OFFICER APPROVAL:

Justin S. Fraser Date Lead Contracting Officer, Agency NASA Shared Services Center

ROBERT

QUINN

Digitally signed by

ROBERT QUINN

Date: 2020.02.05 13:25:00 -05'00'

Joseph Tynes

Digitally signed by Joseph Tynes Date: 2020.02.05 12:35:14 -06'00'

Justin Fraser

Digitally signed by Justin Fraser Date: 2020.02.05 16:30:05 -06'00'