JOFOC_Signed.pdf

FCC ENTERPRISE ACQUISITION CENTER (EAC)

Justification for Other than Full and Open Competition

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity: FCC/EAC.

• Beverly Howell

• 445 12th St., SW, # 1-A165, Washington, DC 20554

• Beverly.Howell@fcc.gov

• (202) 418-1021

b. FCC Requiring Activity.

o Library Services: e-Library and FCC Library Databases agency-wide subscription for online reference resources.

c. Program Office information.

• Sheryl Todd

• 445 2th St., SW, TW-B240E, Washington, DC 20554

• Sheryl.Todd@fcc.gov

• (202) 418-7386

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

a. Acquisition purpose and objectives.

SNL Kagan provides industry-specific financial data from over 6,500 public companies and over 50,000 private companies. SNL Kagan provides subscribership and ownership data for a wide variety of media companies, and this data are essential for our analysis and regulation of industries relevant to the FCC’s mission.

The following are examples of projects for which we have used SNL Kagan in the past, for which it was critical, projects that are either ongoing or likely to be repeated in the future.

1. Merger Review: We frequently use industry data, particularly company-specific subscription numbers for the MVPD industry, from SNL Kagan for merger review. We just closed review of the Charter-TWC merger, for which we used SNL Kagan data extensively, particularly MediaCensus.

2. The Hispanic Ownership Study: All data concerning Hispanic cable networks were derived from SNL Kagan.

This is an ongoing project and access to this database on a continuing basis is important for our further analysis to support the Commission’s decision making in the Quadrennial Review on media ownership.

3. Video Competition Report: We have used SNL Kagan as a critical source for the Video Competition Report.

This is an annual report required by Congress. Essentially, we would be unable to respond adequately to our statutorily mandated requirement without access to SNL Kagan. In particular, there is no alternative data source for information on MVPDs and Online Video Distributors, and information on these entities form the core of the Video Competition Report.

4. Econometric Studies: We have used these data as portions of datasets to perform econometric studies, particularly in major merger proceedings. Examining mergers is a regular part of Media Bureau business.

5. Short notice data requests: We are frequently asked to provide data on specific media companies on short notice to inform the Chairman, Commissioners, and other Commission staff about the state of the market. One staff member regularly tasked with these inquiries reports that she uses SNL Kagan in this capacity 3 or 4 times a week. Requests of this type are on-going.

b. Project background.

In short, SNL Kagan provides capabilities we need that are not available from any other source.

Our ability to provide data and analysis for the Commission and for rulemakings would be severely adversely affected without access to SNL Kagan. For this reason, we recommend renewing the subscription without delay. Without this data source, our ability to perform the analyses critical to our function will be made substantially less efficient or, in some cases, impossible.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title.

SNL Kagan Unlimited Media Research Database

b. Project description.

Provides aerospace analysis software.

• Requirement type.

☒ Research & development (R&D) ☐ R & D support services ☐ Support services (non-R&D) ☐ Supplies/equipment ☒ Information technology (IT) ☐ Construction ☐ Architect-engineer (A & E) services ☐ Design-build ☐ Other (specify): ____________________

• Type of action.

☐ New requirement ☒ Follow-on ☐ Other (specify): ______________________

• Proposed contract/order type.

☒ Firm-fixed-price ☐ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee):

☐ Cost-plus-fixed-fee ☐ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee):

☐ Time and materials ☐ Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

☐ Other (specify): ___________

Acquisition identification number: LIBR170029

Total estimated dollar value and performance/delivery period.

o Independent Government Cost Estimate for one Base Year and four Option Years is $173,500.00

4. Identification of the statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) § 3304(a)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1 “Only one responsible sources and no other supplies or services will satisfy agency requirement”.

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

S&P Global Market Intelligence 212 7th St. NE Charlottesville, VA 22902

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

It is in the best interest of the agency to renew the subscription to SNL Kagan Unlimited Media Research Database because they provides capabilities we need that are not available from any other source that the support and mission of the Federal Communications Commission.

Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market Research was done in the commercial market for a data source that havethe ability to perform the analyses critical to our function that otherwise will be made substantially less efficient or, in some cases, impossible.

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

Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

7. There are no other vendors that provides subscribership and ownership data for a wide variety of media companies, and this data is essential for our analysis and regulation of industries relevant to the FCC’s mission.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

o None

12. Program Office Certification.

This is to certify that supporting data (such as minimum needs statements, schedule requirements, or facts in support of the justification) contained or relied upon in this JOFOC that were developed by, or that are the responsibility of, the program office or technical personnel signing below, are complete and accurate.

OFFICIAL NAME & TITLE SIGNATURE DATE

Project Officer or COR Sheryl D. Todd 4/11/2017

Project Officer’s/COR’s Immediate Supervisor Marlene H. Dortch 4/11/2017

Head of the Sponsoring Program Office

13. Contracting Officer Certification.

This is to certify that the justification for the proposed acquisition is accurate and complete to the best of my knowledge and belief and that it has been reviewed and certified by the appropriate program or technical personnel as to supporting data for which they are responsible.

14.

OFFICIAL NAME SIGNATURE DATE

FCC Contracting Officer

Head of the Contracting Activity (HCA) Concurrence/Approval.

OFFICIAL NAME SIGNATURE DATE

FCC Head of the Contracting Activity Timothy G. Smith