Justification and Approval for Other than Full and Open Competition.pdf

March 8, 2023 Version

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.

PURCHASE REQUEST OR REQUISITION

NUMBER

PROJECT/TASK

NUMBER

ESTIMATED AMOUNT (Over Micro- Purchase Threshold, but up to the SAT)

CITE AUTHORITY & JUSTIFICATION TYPE – READ FAR 6.302 TO DETERMINE APPROPRIATE TYPE

10 U.S.C. § 3204(a)(1)

ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY

AGENCY REQUIREMENTS.

☐ 10 U.S.C. § 3204(a)(2) UNUSUAL AND COMPELLING URGENCY

10 U.S.C. § 3204(a)(3)

INDUSTRIAL MOBILIZATION; ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABILITY; OR

EXPERT SERVICES

☐ 10 U.S.C. § 3204(a)(4) INTERNATIONAL AGREEMENT

☐ 10 U.S.C. § 3204(a)(5) AUTHORIZED OR REQUIRED BY STATUTE – MUST PROVIDE IT

☐ 10 U.S.C. § 3204(a)(6) NATIONAL SECURITY

☐ 10 U.S.C. § 3204(a)(7) PUBLIC INTEREST [SECRETARY OF HOMELAND SECURITY NEEDS TO APPROVE THIS DOC]

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.

The USCG requires multi-user subscription access to technical specifications and standards, such as engineering drawings, safety requirements, and performance specifications, from a variety of publishers. A full list of fifty-four (54) publications standards required by the USCG are attached to this justification. These publications are used by a variety of personnel, including engineering, equipment specialists, quality assurance specialists, and technical writer/editors, in the maintenance, overhaul, and repair of USCG aircraft.

The USCG intends to negotiate only with Global Knowledge Solutions LLC (CAGE Code 90DV8), doing business as Techstreet™, as the only known source capable of supplying multi-user subscription access to the listed publications in the formats and access methods compatible with USCG and Department of Defense (DoD) cyber security restrictions.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER

SUPPLIES OR SERVICES CAN BE USED.

Techstreet™ is an instant access subscription service which is the intellectual property or and is produced and maintained by Global Knowledge Solutions. The service provides unlimited access to the required standard(s) from any device – desktop, laptop, iPad, mobile phone, etc. Retrieved standards can be printed, saved to your desktop, and marked up with comments/questions that can be shared with a larger team. Other subscription services do not support this full range of capabilities. In addition, most subscription services limit access to a specific number of users based on your contract. Services that do not limit by specific user are limited to a finite number of downloads with the downloads being device-associated. Therefore, if a user downloads a standard to both their laptop and their mobile phone, two downloads would be expended. Considering that the USCG does not use communal devices and is scattered geographically, any contract for subscription services using this method would have to be frequently monitored and modified to keep up with the number of downloads expended to date.

https://www.acquisition.gov/far/part-6#FAR_6_302 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204

March 8, 2023 Version

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE).

Extensive market research was conducted using both Government and commercial sources. The Defense

Logistics Agency (DLA), Acquisition Streamlining and Standardization Information System, commonly referred to by its acronym – ASSIST, is a repository providing online access to DoD and other Federal standards and specifications. ASSIST advises that non-government standards can be obtained from three major subscription services – Techstreet™, Accuris, and the Document Center’s Standards Online. Accuris and Techstreet have merged. Our new representative provided the market research required for subscription renewal. Nimonik has acquired the Document Center. We requested a POC for market research but have not received a response.

This service is not available from any mandatory Government source IAW FAR 8.002 or from any non-mandatory sources IAW 8.004. IAW FAR 5.101(a)(1), a combined synopsis/solicitation, along with a copy of this approved Justification and Approval for Other Than Full and Open Competition, will be posted to the

Contract Opportunities section of the web site at www.sam.gov. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

Over the last 9 years, Techstreet™ has been the only source capable of supplying unlimited access to all fifty-four (54) of the required standards and specifications. Techstreet™ remains the only known subscription service that offers unlimited account user access without locking users to a limited number of devices, making its use the most efficient and economical for the USCG.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL

AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE.

The Government does not own or possess any rights to the relevant technical standards and specifications required to develop an adequate purchase description. In addition, the Government has not developed the expertise required to research, edit, and publish these standards and specifications and has no plans to do so. It has been determined that it would be uneconomical for the Government to either purchase the rights or to research and develop these standards and specifications.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

ESD is constantly striving to improve how we license standards and specifications, whether through multi-user subscriptions, single-user purchase, or a combination thereof. ALC is required to maintain a diverse and growing collection of standards and specifications from multiple publishers. ESD annually reviews the standards and specifications that we currently license, as well as those that need to be added, and compare those requirements against the services offered by publishers and third-party vendors.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER DATE

http://www.sam.gov/