JOFOC OMD DECARTES 2021 - FINAL 922021 (002).pdf

Federal Maritime Commission 800 North Capitol Street, N.W.

Washington, D.C. 20573-0001

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 use of the statutory contracting authority under FAR Subpart 6.3 is justified by the following facts and rationale as follows:

(1) Agency and Contracting Activity

The Federal Maritime Commission (FMC), Office of the Managing Director, proposes to enter into a contract on a basis of other than full and open competition.

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

The FMC has a requirement on a sole source basis to contract with Descartes Systems (USA) Inc. to provide web-based import and export trade data search subscription services on cargoes moving through ports in the United States to foreign ports.

(3) Description of Supplies/Services

The FMC requires the services of a contractor who has direct access to U.S.

Customs and Border Protection’s unfiltered data and can provide a web-based comprehensive database of timely, accurate, import and export information on the cargoes moving through ports in the United States to, or from, foreign ports. The data must be easy to understand and manipulated to produce reports on a large scale or extract the information on a shipment-by-

2 | P a g e shipment basis. Authorized Commission personnel will obtain the data by direct online access.

The contractor must be able to provide web-based import and export trade data that meets or exceeds all of the objectives outlined as follows:

For all inbound shipments via ocean carrier from a foreign country to the United States, taken from vessel manifests, and/or from Master Ocean Bills of Lading:

* Name and address of the shipper, name and address of the consignee, name and address of notify party, vessel name, vessel number, port of origin, port of destination and transshipment, shipment container number, quantity and unit of measure, number of TEUs, detailed commodity description, Bill of Lading number, shipment departure date, shipment arrival date, and estimated value.

* Data on Master Ocean Bills of Lading including a reference to associated House/ Non-Vessel-Operating-Common-Carrier (NVOCC) Bills of Lading and vice versa, the House/NVOCC Bills of Lading referencing the Master Ocean Bills of Lading.

* Data providing the ability to simultaneously review and compare the information between associated Master Ocean Bills of Lading and House/NVOCC Bills of Lading by accessing the referenced Bill of Lading numbers.

* Accurate data, with no more than a three-week lag time, and data must be updated daily.

* Data must be available on a shipment-by-shipment basis.

* Data must be in a format that can be manipulated into various reports within specific time periods.

* Historical data going back two years or more shall be available.

NVOCC data is obtained from House Bills of Lading that accompany the Master Ocean Bills of Lading:

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* Name and address of the NVOCC shipper, name and address of the NVOCC consignee, name and address of the notify party, vessel operator, vessel operations ocean bill of lading number, vessel name, vessel number, pre-carriage/feeder vessel, date of sail, port of receipt, port of loading, port of discharge, ultimate destination, quantity, and commodity description.

* Data must be accurate, with no more than six weeks of lag time.

* Data must be available on a shipment-by-shipment basis.

* Data must be in a format that can be manipulated into various reports within specific time periods.

The estimated total value of the contract is $454,461 (base and four options years)

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

The statutory authority permitting other than full and open competition is 10 USC 2304(c)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

(5) Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

The data that the Commission requires for the inbound trades is gathered, and tightly controlled by the U.S. Customs and Border Protection. The availability and accuracy of this data is a vital component to the investigative, monitoring and surveillance programs of the FMC's Bureau of Enforcement (BOE) and the FMC’s Area Representatives (ARs). The FMC does not have direct access to this data, so we have to rely on a subscription service that does have direct access. The data obtained from the subscription will significantly assist the Commission with the industry it regulates.

The Bureau of Enforcement and the Area Representatives rely heavily on US inbound cargo data. Datamyne provides the shipment-by-shipment detail

4 | P a g e for US inbound cargo that the Commission requires. In addition, the data on Master Ocean Bills of Lading (OBLs) includes a reference to Associated House/NVOCC Bills of Lading and vice versa, the House/NVOCC Bills of Lading reference the Master OBLs. Datamyne currently, and in the past, provides the facility to simultaneously review and compare the information between associated Master OBLs and House/NVOCC Bills of Lading by accessing the referenced Bill of Lading numbers.

The FMC is unaware of any other vendors that can provide this robust data in the format required

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

Market research was conducted via a RFI 65310221N00001 posted on beta.SAM.gov Subsequently, an RFQ was issued via GSA eBuy RFQ1497113. The Commission received one response from the RFQ that did not meet the requirement.

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

The contracting officer will determine the that the anticipated price(s) will be fair and reasonable based on prior acquisition history.

(8) Description of Market Research.

Market research was conducted via a Request for Information. Three responses were received for this requirement, Descartes Systems (USA) Inc.

(Datamyne), S&P Global Market Intelligence (SPGMI), and NU Borders LLC (Nu Borders).

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

The incumbent possesses the institutional knowledge, and has consistently provided the FMC the data that the Commission requires for the inbound trades

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

Descartes Systems (USA) Inc., S&P Global Market Intelligence, NU Borders LLC, and IHS Global Inc.

(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.

N/A

(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.

Contracting Officer/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:

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Competition Advocate/Date