JOFOC - REDACTED.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

LANGLEY RESEARCH CENTER (LaRC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

for

ELSEVIER SUBSCRIPTION AGREEMENT

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition prepared by National Aeronautics and Space Administration (NASA) Langley Research Center (LaRC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is LaRC.

2. The nature and/or description of the action being approved:

This justification provides the rationale for contracting by other than full and open competition to award a sole-source contract to Elsevier for Elsevier B.V. ScienceDirect online subscription. Elsevier is the only known source that can meet the Agency requirements.

3. A description of the supplies or services required, to meet the Agency’s needs (including the estimated value):

NASA Langley COD 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 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. The product offerings listed under the renewal have a total estimated contract value of $351,059.00 for the procurement with a contract term of one (1) year.

Rev.:01/2021

No. 1-20612881459

Subscribed Products – publisher Access 2022

USD

ScienceDirect® online – Elsevier B.V. sciencedirect.com Complete Collection

Total Electronic Subscription $346,373.79 Total Subscription Turnover $346,373.79

• Electronic Subscription Fee(10 % discounted) $311,736.42 3rd Party Journals $2,743.72 Unique Title List (UTL) $36,578.86

TOTAL FEES $351,059.00

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

The statutory authority permitting other than full and open competition for acquisitions using the procedures in FAR subpart 13.5 is 41 U.S.C. 1901.

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

The rationale supporting the use of 41 U.S.C. 1901 as implemented by FAR 13.5, Simplified Procedure for Certain Commercial Items as described below:

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.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as 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:

A notice to the Government Point of Entry (GPE) website (Sam.gov) will be synopsized and posted in accordance with FAR Subpart 5.2. 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 up competition for this requirement and will monitor the marketplace for potential competition in the future. This posting informed potential sources of NASA’s intent to award this sole-source contract to Elsevier.

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

The Contracting Officer’s signature on this document indicates that the Contracting Officer has determined that the anticipated cost to the government will be fair and reasonable. The Contractor shall be required to submit a proposal to be evaluated and negotiated by the Government. Prior to execution of the contractual instrument, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable.

The Contracting Officer will determine that the proposed price is fair and reasonable based on one of the techniques identified in 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 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 the market research conducted, and the results, or a statement of the reasons a market research was not conducted:

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. This determination of sole source was further researched and verified by the NSSC.

In March 2022, the 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. 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. The continued use of ScienceDirect online subscription is essential to the Center’s research mission capabilities.

Based off the above market research, the NSSC Procurement Operations Branch has made the decision to issue a Sole Source to Elsevier B.V. via open market. The requirement will be synopsized and posted to SAM.gov with a response time of no less than three (3) business days.

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

The ScienceDirect 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 ScienceDirect. 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 the required subscriptions, and this additional expense is not expected to be recovered through competition.

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

Elsevier B.V.

11. A statement of 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 Agency will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.

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.

ELSEVIER SUBSCRIPTION AGREEMENT

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

I certify that the facts presented in this justification are accurate and complete.

Technical Representative

I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Contracting Officer

JASON

JACOBS

Digitally signed by JASON

JACOBS

Date: 2022.05.25 12:05:07 -04'00'

Digitally signed by SHARI

TRIGG

Date: 2022.05.25 11:16:54 -05'00'