JOFOC OMD DECARTES FINAL 9226_Redacted.pdf

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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), 41 U.S.C. 3304, and the Federal Maritime Commission class deviation implemented by the Revolutionary Federal Acquisition Regulation (RFO) Part 6 Deviation Guidance, this justification supports the use of other than full and open competition under FAR 6.103-1 and contains the facts and rationale required by FAR 6.104 and FAR 6.104-1.

(1) Agency and Contracting Activity Federal Maritime Commission (FMC) Office of Management Services Washington, DC (2) Nature and/or description of the action being approved. The Bureau of Enforcement, Investigations, and Compliance requests approval to enter into a contract on a basis of other than full and open competition 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-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

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* 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:

* 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

3 | P a g e reports within specific time periods. The estimated total value of the contract is $480,000 (base and four options years) Base September 30, 2026 - September 29, 2027 Option Year 1 September 30, 2027 -September 29, 2028 Option Year 2 September 30, 2028 - September 29, 2029 Option Year 3 September 30, 2029 - September 29, 2030 Option Year 4 September 30, 2030 - September 29, 2031

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

Competition The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1), implemented for FMC procurements through FAR 6.103-1(a) and (b), “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, Investigations, and Compliance (BEIC). 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 BEIC relies heavily on US inbound cargo data. Datamyne provides the shipment-by-shipment detail 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. Market research did not identify another existing solution capable of providing the required data and functionality in a manner that satisfies the Government’s minimum requirements.

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

GSA Market Research As a Service (MRAS) was used to identify potential sources. RFI1812677 was posted on 5/19/2026 and closed on 5/26/2026. There were twelve interested sources. All interested sources were invited to participate in one-on-one demonstrations of their available solutions as part of the market research. Three sources responded affirmatively to the invitation.

(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 price(s) will be fair and reasonable based on commercial pricing, the vendor quote, and prior acquisition history

(8) Description of Market Research.

Market research was conducted via GSA’s MRAS. There were twelve interested vendors. All interested sources were invited to participate in one-on-one demonstrations of their available solutions as part of the market research. . Three sources, responded affirmatively. None of the sources demonstrated an existing commercial product or solution that met the Government’s minimum requirements. did not demonstrate an alternative product and indicated that it already had a relationship with Datamyne. proposed development of a custom environment using Datamyne as the foundation rather than demonstrating an existing alternative commercial solution. advised that it did not have an existing end-user solution competitive with Datamyne and instead proposed development of a customizable user interface.

(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.

Company Name GSA Contract Number(s) Sfoures LLC 47QTCA24D00FX WINTrio LLC 47QTCB21D0194 Enspyre LLC 47QTCA23D001G DreamCatchers Consulting LLC 47QTCA24D007Q VarFed LLC 47QTCA25D005U integrated Technology Solution Group LLC 47QTCA25D00FH Infosmart Technologies Inc 47QTCA22D001X IT Automation LLC 47QTCA24D00BF Eigennet LLC 47QTCA19DOOA2 DQ Inc. 47QTCA25D007B Dreamers Inc. 47QTCA21D00FE The Coleman Group Inc GS35F383CA SZNS Solutions LLC 47QTCA26D004G

(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

(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

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APPROVALS:

Contracting Officer Proposed actions not exceeding $250,000, the CO’s certification will serve as approval

Head of the Contracting Activity Competition Advocate Proposed actions over $250,000, but not exceeding $500,000, the written approvals of the HCA and the agency CA are required. (CO-112)