Posted JA - Science Direct.pdf

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This document is a Justification and Approval (J&A) for Other Than Full and Open Competition for the procurement of access to the Science Direct online platform and associated publications.

The Department of Defense (DoD) Libraries has a requirement for commercial off-the-shelf access to Science Direct, which provides access to mission-critical publications such as "Annals of Nuclear Energy", "Computers & Geosciences", "Journal of Environmental Radioactivity", and "Physics of the Earth and Planetary Interiors". This sole-source acquisition will be awarded to the exclusive publisher, Elsevier B.V., as they are the only known source that can fulfill the government's requirement. The estimated contract cost is not provided. The contracting officer will use price analysis techniques and historical data to determine a fair and reasonable price. The contract will be a new Firm Fixed Price Contract. A sources sought notice will be posted on SAM.gov, but the contracting activity acknowledges Elsevier as the sole source.

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CONTROLLED UNCLASSIFIED INFORMATION

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION 11 Jul 2022 Page 1 of 4

Was a J&A approved for the preceding acquisition where that acquisition required a J&A? Yes No

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at AFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $750K > $750K and < $15M > $15M and < $100M > $100M

Contracting Activity: 773rd ESS/PKA

Purchase Request (if available) / Local ID Number:

Program / Project (and PE, if applicable): Science Direct

Program Type (PEO, Enterprise, of Operational):

Authority:

6.302-1 – 10 USC 3204(a)(1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $ J&A Type: Class Individual

COORDINATION ( AFFAR S 5306.304(a))

APPROVAL ( AFFAR S 5306.304(a))

CONTROLLED UNCLASSIFIED INFORMATION 11 Jul 2022 Page 2 of 4

I. Agency and Contracting Activity.

773 Enterprise Sourcing Squadron 1517 Billy Mitchell Blvd, Bldg 954 San Antonio, TX 78236

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

Through access to Science Direct, and subsequently the publications "Annals of Nuclear Energy", Computers & Geosciences", "Journal of Environmental Radioactivity", and "Physics of the Earth and Planetary Interiors", mission-critical information becomes available; directly addressing the unique nature of the AFTAC mission. 24 hours a day, 7 days a week, 365 days a year, our dedicated nuclear treaty monitoring team of scientists, engineers and research personnel require information from these vital publications in order to perform their day-to-day jobs.

Background: Science Direct is the electronic platform owned by Elsevier for peer-reviewed scholarly publications. It is the electronic gateway to access the four publications ("Annals of Nuclear Energy", "Computers & Geosciences", "Journal of Environmental Radioactivity", "Physics of the Earth and Planetary Interiors”) to which AFTAC presently subscribes. These four titles are not available in full-text format due to Elsevier's ownership of the aforementioned.

Science Direct is how one accesses these titles from a central electronic location. This is a renewal of the Science Direct database from Elsevier B.V.. Science Direct has peer reviewed journals and scholarly publications that provide information for dedicated nuclear treaty monitoring team of scientists, engineers and research personnel publications in order to perform their day-to-day jobs.

III. Description of supplies/services required to meet agency needs.

The Department of Defense (DoD) Libraries has a requirement for commercial off the shelf access to Science Direct Online. Due to circumstances described herein, the activity requests authority to purchase digital access to the Science Direct, and subsequently the publications "Annals of Nuclear Energy", Computers & Geosciences", "Journal of Environmental Radioactivity", and "Physics of the Earth and Planetary Interiors", using Other Than Full and Open Competition as prescribed by FAR 13.106-1(b)(soliciting from a single source), and 13.501(a)(Sole source acquisitions). This individual action will result in the award of a new Firm Fixed Price Contract. This sole source requirement will be acquired from the following organization:

Elsevier B.V.

North-Holland (Publishing) Radarweg 29 Amsterdam 1043 NX Netherlands

The mission of DoD MWR Libraries is outlined in DoDI 1015.10 stating DoD Libraries will provide information resources and services required to accomplish the mission. The libraries support military personnel assigned to contingency operations, remote sites, and military missions IAW DoDI 1015.10, Military Morale, Welfare, and Recreation Programs.

CONTROLLED UNCLASSIFIED INFORMATION 11 Jul 2022 Page 3 of 4

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

At this time, it is impossible for any vendor to compete with Elsevier. Elsevier is the exclusive producer of content created, published, and distributed under Elsevier B.V. brand and copyright. Elsevier provided a sole provider confirmation of content license letter. Therefore, based on market research Elsevier is the only known source that can fulfill the government's requirement. Previous award was FA8604-19-P-5080.

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

IAW FAR 5.202(a)(13), a Notice of Intent to Award Sole Source will be posted with the solicitation while the solicitation is sent directly to Elsevier to provide a proposal.

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

A combination of price analysis techniques found in Federal Acquisition Regulation (FAR) 13.106-3, in additional to historical data will be used to determine the price to be fair and reasonable. Additionally, the contracting officer has the right to conduct discussions regarding the proposed prices to ensure a determination of a fair and reasonable price prior to award.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

In accordance with FAR Part 10, market research was conducted by posting a sources sought on Sam.gov. Elsevier verified that they are the only source that is the exclusive producer of Science Direct, content created, published, and distributed under Elsevier B.V. brand and copyright.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

Elsevier was the only respondent. They confirmed that they are the only source that is the exclusive producer of Science Direct, content created, published, and distributed under their brand and copyright.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

Elsevier B.V.

North-Holland (Publishing) Radarweg 29 Amsterdam 1043 NX Netherlands

The proposed sole source is the only known source that can satisfy the government's requirements.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The Contracting Office will continue to monitor the marketplace and Source Sought notices will posted on Sam.gov, CONTROLLED UNCLASSIFIED INFORMATION 11 Jul 2022 Page 4 of 4 as described in Section VII above, in order to obtain competition. If acceptable responses are received, the contracting activity will modify its strategy accordingly.

AFSVC/VCL will keep an open dialog with the users/patrons and evaluate statistics to determine the necessity to use this resource to supplement its collection of research databases. AFSVC/VCL will continue to survey the market for vendors to obtain competition. The library will use publishers' advertisements, professional conferences, vendor demonstrations, customer suggestions and new publication reviews in conducting its surveys.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

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