MMA_JA.pdf

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

100 F STREET, NE

WASHINGTON, DC 20549

Office of Acquisitions

JUSTIFICATION AND APPROVAL

TEST PROGRAM FOR COMMERCIAL ITEMS

RQ 31000-15-0100

J&A Log: 2015-0128

Upon the basis of the following justification as required by FAR 13.501(a)(1)(ii), I hereby approve the issuance of the contractual action discussed below using the test program for commercial items, pursuant to the authority cited herein for a sole source acquisition.

1. Contracting Activity.

U.S. Securities and Exchange Commission 100 F Street NE Washington, DC 20549

2. Nature and Description of Action Being Approved:

The U.S. Securities and Exchange Commission intends to award a sole source requirement for access to current and historical news and in-depth analysis of the municipal securities industry to Municipal Market Analytics (MMA) in Concord, MA. This is a contract renewal.

3. Description of the supplies or services required to meet the needs of the SEC and the estimated value:

The SEC proposes to negotiate the purchase of continued access to publications about news events, regulatory developments and legal issues related to municipal securities market.

The SEC requires Internet access to current publication issues, email delivery of current issues, and Internet access to archived issues. In addition, staff requires the ability to consult with MMA analysts.

The estimated contract value for the base year is , which will use FY15 funds. The total estimated contract value which includes 4 option years is .

4. Statutory Authority for Test Program for Certain Commercial Items:

The statutory authority permitting the use of simplified acquisition procedures is (41 U.S.C. 1901)FAR 13.501(a)(1)(ii) – Test program for certain commercial items applying sole source procedures.

5. Demonstration that the nature of the acquisition requires use of the authority cited:

After publication of a notice seeking other possible suppliers who could meet SEC needs, no responsive capable vendors responded. It was therefore determined that the required information in consolidated and useful format can currently only be obtained from MMA.

6. Efforts to ensure that offers are solicited from as Many Potential Sources as Possible.

In accordance with FAR 5.203(a), a notice of intent to award a sole-source contract to MMA for the services specified herein was posted to FedBizOpps.gov. Response discussed in 10 below.

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 cost of this action will be fair and reasonable. Before awarding a contract, the contracting officer will perform additional price analysis in accordance with FAR 15.404-1(b).

8. Description of a market research conducted and results or a statement of the reason market research was not conducted:

Knowledgeable individuals in the Library and Office of Municipal Securities in the Division of Trading and Markets surveyed information sources in the field of municipal securities via the Internet and determined that MMA is the only vendor capable of meeting the requirement.

9. Other Supporting Facts:

Experts in the Office of Municipal Securities in the Division of Trading and Markets, who need to stay informed in performing mission critical work, requested these reports specifically. They state that these reports provide data, analysis, and counsel that can be found only in these publications, and that MMA is unique by being an independent strategy, research and advisory firm in the municipal bond industry. MMA is often cited in such major media outlets as The Wall Street Journal and The Bond Buyer.

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

The notice of intent to award a sole-source contract posted on FedBizOpps.gov with no responses.

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 supplies or services required:

The SEC intends to post this signed J&A after award in accordance with 13.501(a)(1)(iii). The Commission’s information requirements are ongoing and future acquisitions of similar services will be advertised.