JOFOC PIERS FMC-BTA-24-0005 REDACTED_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

Federal Maritime Commission Office of Management Services Washington, DC

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

The Bureau of Trade Analysis (BTA) requests that an open market contract be awarded to IHS Global Inc. under other than full and open competition procedures pursuant to FAR 6.302-1(a)(2).

Proposed contractor:

IHS Global Inc.

15 Inverness WAY E Englewood, Colorado 80112-5710, United States ATTN: Cesar Morales cesar.morales@spglobal.com (727) 310-9173

(3) Description of Supplies/Services

The Bureau of Trade Analysis (BTA) requires an annual subscription to a data source of all U.S.

waterborne import and export cargo movements. This subscription provides BTA analysts with the market information needed to analyze the competitive impact of carrier and marine terminal operator agreements under the Ocean Shipping Reform Act of 2022. The data is also used in analyzing the liner shipping industry and the subsequent development of various work products for use in FMC’s policy decisions. The annual subscription provides continued access to Port Import Export Reporting Service (PIERS) data for up to 15 users. Market Research determined that IHS Global Inc. is the only provider of this data that permits an unlimited number of records to be downloaded.

(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 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

Market Research was conducted by searching the internet to determine the number of vendors capa-ble of providing the required subscription. Market research determined that only two vendors provide an annual subscription to an aggregated data source.

: Market Research determined that could not provide a subscrip-tion that meets the needs of the agency considering that the maximum number of records per down-load session is 2,000 records. This restriction creates inefficiencies within the program office due to the number of download sessions required to obtain the data as BTA routinely downloads greater than 1,000,000 records per session.

• IHS Global Inc: This vendor has continuously provided an annual subscription of PIERS Aggre-gated data that met the needs of the agency given that their subscription allowed an unlimited number of records per download session.

(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 15 days before the issuance of a contract action 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. The capabilities statements received will be evaluated by the program office to determine whether sufficient competition in this industry exists.

(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 pricelists and prior acquisition history. The Contracting Officer will seek discounts.

(8) Description of Market Research

Market Research was conducted in February and March of 2024 by consulting Government databases and provider websites. Market research determined that only two vendors ( and IHS Global Inc.) provide an annual subscription to an aggregated data source. BTA requested, and received, a demonstration of ’ capabilities to see if their subscription met the needs of the agency. However, Market Research demonstrated that that only IHS Global’s PIERS database would permit an unlimited number of records per download session.

(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

The Program Office will continue to conduct market research to determine whether sufficient competition exists in this industry.

(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:

Contracting Officer Date

Head of the Contracting Agency Date

Competition Advocate Date

Senior Procurement Executive Date

7/25/2024