JOTFOC_-_Live_Power.pdf

FEDERAL ENERGY REGULATORY COMMISSION

JUSTIFICATION FOR OTHER THAN

FULL & OPEN COMPETITION

The following Justification for Other than Full & Open Competition is prepared in accordance with FAR 6.303-2 and 13.501(a).

1. ORGANIZATION:

Federal Energy Regulatory Commission Office of the Executive Director Acquisition Services Division 999 North Capitol Street, NE Washington, DC 20426

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

The Office of Enforcement (OE) requests that the Federal Energy Regulatory Commission contract with Live Power Intelligence Company NA LLC for its Live Power Intelligence subscription service.

3. DESCRIPTION OF REQUIREMENT:

Live Power Intelligence Company NA LLC (LPI) is a real-time energy market information provider that focuses on providing real time surveillance data in a machine-readable format that allows for seamless integration into existing datasets from other sources. The integrated data allows for quick compilation of market intelligence that can be instantaneously analyzed. Thus, the LPI data will fill in a key data analytics void that other data sources have been unable to provide, thus, supporting OE's continued surveillance and oversight of energy markets. LPI data will help subscribers gain access to otherwise nontransparent market information that is vital to such energy trading business operations - i.e., power plant output, capacity restrictions, and certain transmission flows that influence energy market price formation.

4. STATUTORY AUTHORITY:

The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(3) in accordance with:

[X] FAR 6.302-1, only one responsible source and no other supplies and services will satisfy Agency Requirements;

[ ] FAR 6.302-2, Unusual and compelling urgency;

[ ] Other, defined below:

FULL & OPEN COMPETITION

5. DEMONSTRATE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS:

Live Power Intelligence provides near real-time information on generation operation and transmission flows nearly every minute from hundreds of patented sensors deployed near power plants and transmission lines across the United States.

With Live Power's partnership with YES Energy, Live Power Intelligence can be readily made available through the existing YES Energy Product Signals and Data Signals subscriptions in a seamless manner. As a result, the technical requirements to warehouse the new data would be minimal. Additionally, much of OE's market manipulation screening and automated processes rely on YES Energy's database and data structures. Integrating Live Power Intelligence data into existing screens utilizing other YES Energy data will be significantly easier than using a competitor's product.

6. SOURCES SOUGHT EFFORTS:

This justification will be posted to a Government point of entry for 14 days in efforts to seek additional sources.

7. DETERMINATION OF FAIR & REASONABLE PRICING:

Pricing has been determined Fair and Reasonable based on the historical data and public pricing information.

8. DESCRIPTION OF MARKET RESEARCH CONDUCTED & RESULTS:

Market research was conducted through previous market research obtained in 2018 for Genscape's Power IQ subscription, through communication with Live Power Intelligence and via web research. Upon market research, it has been discovered that Live Power and Genscape are the only providers of electric power market subscription solutions. Live Power Intelligence is a new upstart that is vastly growing. OE has current subscription to 516 monitored facilities located in North America via Genscape while Live Power Intelligence was already monitoring 354 facilities in just 3 markets by mid-May, 2018. Live Power Intelligence expects to have a comprehensive coverage of all markets by end of 2019 .0E will continue to use Genscape Power IQ along with Live Power's Electric Power Grid Monitoring subscriptions for efficiency.

9. ANY OTHER FACTORS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION:

No other factors.

FULL & OPEN COMPETITION

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 THE SERVICES REQUIRED:

This acquisition will enable competition in the future.

12. CERTIFICATIONS & APPROVALS: (Signatures are required)

Technical & Requirements Certification:

I certify that the supporting data under my cognizance that are included in this document are accurate and complete to the best of my knowledge and belief.

05101-120101 Date Nezam Rabonik

Branch Chief Division of Analytics and Surveillance Office of Enforcement Federal Energy Regulatory Commission

Contracting Officer Certification:

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

Date S15\ N

Contracting Officer Acquisition Services Division Office of the Executive Director Federal Energy Regulatory Commission