RS Means SAP Single Source redacted.pdf

AUG 2018

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

DESCRIPTION OF ITEM OR SERVICE:

Provide licenses and maintenance for 1 0 concurrent network licenses for the RSMeans Data Online (RSMO) web-based subscription. These licenses provide a subscription as a service to a web-based construction cost database with cost elements such as material, labor and equipment, with an estimating application as part of the subscription. Data must be organized according to the Construction Specification Institute (CSI) MasterFormat ® standard for work breakdown structure. The contract will be awarded as firm-fixed price to RS Means Company, LLC, with a period of performance of one year with three option years, including virtual training for 30 individuals. A combined synopsis/solicitation will be prepared in accordance with FAR subpart

12.6 and under the authority of FAR 12.603 Streamlined Solicitation for Commercial Products or Commercial Services and 10 U.S.C. 2304(c)(1).

THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

[Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.]

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

AUG 2018

3. _X_ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source. RSMeans Data Online (RSMO) is the only source capable of satisfying the Government’s requirement by providing a web-based cost database with the ability for an estimator to adjust cost data and develop quality cost estimates for construction projects. There are no authorized resellers of RSMO. A search of the Department of Defense (DoD) Enterprise Software Initiative (ESI), General Services Administration (GSA) Advantage, National Aeronautics Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP), and GSA 8(a) Streamlined Technology Acquisition for Services (STARS) III government-wide acquisition contracts (GWACs) did not yield any other capable sources for “online construction cost databases.” A search was conducted online for companies that offer subscription based web based construction cost database. There was a total of four companies found, of which only R.S.

Means met all of the technical requirements stated in the Performance Work Statement (PWS). For example, the other companies’ database did not include the minimum of 70,000 cost items, a tool to create custom templates and folder structures, and share estimates with multiple users.

B. __ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS: