JOFOC (Final).pdf

Justification for Other Than Full and Open Competition Purchase Request No. NB135000-24-00019

i. Identification of the agency and contracting activity

U.S. Department of Commerce National Institute of Standards and Technology (NIST) Office of Acquisition and Agreements Management Acquisition Management Division 100 Bureau Drive, Stop 1640 Gaithersburg, MD 20899

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

Noncompetitive procurement to renew a subscription to proprietary data

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

The NIST Research Library and Museum has a requirement to renew subscription services for access to the SciFinder Discovery Platform chemistry databases for a base period of one year plus four one-year options. Access to the databases will provide NIST scientists online access to the most comprehensive source of life sciences and biomedical bibliographic information that contains nearly 11 million records from more than 7,300 different publications dating from 1965 to present. Estimated Value: $1,732,180.

iv. An identification of the statutory authority permitting other than full and open competition.

41 USC 3304(a)(1), Only one responsible source, and no other supplies or services will satisfy agency requirements. This statute is being implemented using simplified acquisition procedures under the authority of 41 U.S.C. 1901 for commercial products or services.

v. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires the use of the authority cited.

The American Chemical Society (ACS) (Unique Entity Identifier: HNALX27LW8F9), a non-profit organization, produces the SciFinder Discovery Platform. ACS does not allow other sources to sell access to the Chemical Abstract Society (CAS) SciFinder Discovery Platform.

The contracting officer verified this to be true by contacting the vendor on August 8, 2023.

vi. A description of efforts made to ensure that offers are solicited from as many potential sources as is 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.

The program office provided an initial market research report that identified ACS as the only source that can provide access to the CAS SciFinder Discovery Platform. The Contract Specialist conducted the following additional market research:

A Sources Sought Notice was posted on SAM.gov on 4/25/2023 with responses due on https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

5/25/2023. No responses were received as a result. Subsequently, a notification of the Contracting Officer’s intent to sole source was posted on SAM.gov https://sam.gov/opp/17130484824643ea9547f8ccbb57dd05/review on 6/15/2023 with responses due on 6/29/2023. No responses were received as a result.

vii. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer will perform price analysis and will only award the contract if they determine the price to be fair and reasonable. The contracting officer will utilize historical data, the independent Government cost estimate, and their professional judgement to make that determination.

viii. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

See paragraph vi above for market research conducted.

ix. Any other facts supporting the use of other than full and open competition.

The CAS SciFinder Database is a registered trademark of ACS which owns and controls all the proprietary rights to the CAS SciFinder Discovery Platform database and does not allow third party vendors to sell access to it.

The SciFinder Discovery Platform database is the only platform that meets the requirement/need for access to the complete Chemical Abstracts collection. Additionally, that database is the only integrated scientific resource of journals and patent information. It is the only platform that meets the requirement/need for access to Chemical Structures, CAS Registry Numbers, Chemical names, Reaction Schemes, Experimental Substances, CAPlus, MEDLINE, PatentPak, and inorganic chemistry research. No other resource has been identified that can satisfy these specialized material scientific research needs.

x. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None

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

The NIST Acquisition Management Division will ensure that appropriate market research is conducted before any subsequent contracting actions are undertaken and that any limitations to competition are adequately documented and justified.

https://sam.gov/opp/17130484824643ea9547f8ccbb57dd05/review https://www.acquisition.gov/far/part-10#FAR_Part_10

xii. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Prepared by:

Gina Lee Contract Specialist

Approved by:

Monica H. Brown Contracting Officer

Joseph Widdup NIST Competition Advocate