P2.5 Exception to Fair Opportunity - fully signed.pdf

Justification for Exception to Fair Opportunity

1. Contracting Activity

USDA/AR/NASS

9700 Page Avenue St. Louis, MO 63132

Jeanine Wallace, Contract Specialist

2. Nature/Description of Action This will be a firm fixed price delivery order to Infogroup Inc. against their Library of Congress (LOC) FEDLINK Direct Express contract LS14C7116.

3. Description of Supplies/Services NASS requires access to a robust and comprehensive database of U.S. household and business information that consists of current addresses, telephone numbers, email addresses and demographic information for the purpose of maintenance and update to the NASS List Frame. Confidentiality laws, and NASS List Frame maintenance systems and record linkage tools require the delivery of product in a flat file format for internal Agency use. NASS requires access to full-file household and business databases, and quarterly updated files received electronically. Market research has

Household and Residential and Consumer Residential Cell Phone database is the only found product that provides the information and product delivery method NASS requires.

The Contractor shall provide:

o Household and Residential and Consumer Residential Cell Phone database access license for unlimited use o Quarterly electronic delivery of updated and formatted database files for

NASS internal use o Account support and training as required by NASS

Options are included, an estimated cost of the basic order is $350,000.00, each option year is priced at $350,000.00 for a total estimated value of $1,750,000.00.

4. Statutory Authority The procurement is in accordance with fAR 16.505(b)(2)(B).

5. Justification Rationale Only one source is capable of responding due to the unique or specialized nature of the work. The Confidential Information Protection and Statistical Efficiency Act (CIPSEA) of 2018, Title III of Pub. L. No. 115-435, codified in 44 U.S.C. Ch. 35 prohibits NASS from providing List Sampling Frame data to outside sources. The Infogroup database subscription offers exported delivery of product in flat file format for NASS internal Agency use. Other commercial database subscription services require use of an outside database that would require individual record lookup for each update to remain CIPSEA compliant. NASS maintains a List Sampling Frame database of 5.2 million records. It is not feasible to perform individual record updates and record linkage processes using an outside database.

The Infogroup Household and Residential Database and Consumer Residential Cell Phone Database is the only found product that meets NASS requirements for a robust and comprehensive database of U.S. household and business information delivered electronically in flat file format for use in NASS internal systems.

6. Fair and Reasonable Determination This requirement has been determined to have fair and reasonable pricing based off the pre-negotiation that LOC completed before creating the IDIQ. All prices were negotiated and determined fair and reasonable prior to the IDIQ award. The Infogroup Household and Residential Database and Consumer Residential Cell Phone Database LOC pricings are listed at $806,000 and $220,000, and Infogroup has extended an additional discounted annual fee of $350,000.

7. Market Research Market research of commercially available database subscription providers to include Thomson Reuters and West Publishing has revealed the Infogroup Household and Residential Database and Consumer Residential Cell Phone Database as the only found product to meet the critical contract requirements for current, comprehensive U.S.

residential and business data delivered in electronic flat file format for NASS internal systems use.

A sources sought was issued to Beta.Sam on 1/21/2021 with a close date of 1/31/2021, a period of 10 days. No responses were received.

A notice of intent to sole source was issued to Beta.Sam was issued on 2/3/2021 with no responses to date.

A search of the GSA e-library was completed and although Infogroup Inc. and other contractors provide services under the 519190 NAICS code none provide the Household and Residential Database and Consumer Residential Cell Phone Database subscription services specifically needed for this requirement.

A search of the Dynamic Small Business Search Tool was completed utilizing NAICS

8. Additional Support This requirement was synopsized to Beta.Sam in accordance with 16.505(b)(iii)(B)(1). No responses to the synopsis were received. Additionally, Section 103 of P.L. 106-481 (2 U.S.C. 182c) establishes FEDLINK as a revolving fund to provide "the procurement of commercial information services, publications in any format, and library support services,...related accounting services,...related education, information and support services" to federal offices and to other organizations entitled to use federal sources of supply (Subpart (f)(1)).

9. Actions Taken to Remove Barriers to Future Competition This requirement will be reviewed on an annual basis at each option year and discussions will take place with NASS to determine if the requirement has changed.

Requirements/Program Office:

I certify that facts and representations under my cognizance included in this justification form are complete and accurate basis for the justification.

Suzette Qualey Date Deputy Director 314-595-9502

Contracting Officer:

Jessica Edwards Date Supervisory Contract Specialist 913-277-0218

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

Date

Jessica Hadley Branch Chief Contracting Operations Branch 301-504-4300

Reviews/Approvals:

Date

Kirsten Pilkerton REE Acquisition Ombudsman 301-504-4383

2/5/2021

02/17/2021

Date

Michael Barnes Mission Area Senior Contracting Official 301-504-1734

02-18-2021