PreAward-03 Memo for Record_Sole Source_APS.pdf

MEMO FOR RECORD

Sole Source Determination

The U.S. Department of Energy (DOE) Office of Scientific and Technical Information (OSTI) plans to contract by means other than full and open competition. This requirement is being procured in accordance with the Federal Acquisition Regulation (FAR) 13.106‐1(b) and FAR 6.302‐1(a)(2), Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements, as promulgated by 41 U.S.C. 3304(a)(1). The award of a firm‐fixed price contract is anticipated to the American Physical Society (APS.)

The proposed action is for access to journals published by APS. The following APS journal titles are included in the APS subscription:

1. Physical Review Letters

2. Physical Review A

3. Physical Review B

4. Physical Review C

5. Physical Review D

6. Physical Review E

7. Physical Review Applied

8. Physical Review Fluids

9. Physical Review Materials

10. Physical Review Online Archive (Prola)

11. Reviews of Modern Physics

OSTI requires online access to the APS journals for the Office of Science. Access is restricted to the Office of Science via a direct link provided to OSTI. Access is only provided to the Office of Science Program Offices, Laboratories and partners and is not publicly accessible. OSTI’s institutional subscription provides multisite online access.

These journals provide specialized research information for DOE scientists and researchers. The publications provided by APS are copyrighted and proprietary. The journals include published articles that contain work performed by DOE. This allows program managers to see what research has been performed so there is no duplication in research efforts. Only APS can deliver immediate electronic access to the most recent and previous issues of the journals. No other sources are authorized to provide online access as required. There are no other known sources with equivalent capabilities.

The subscription period is January 1, 2025, through December 31, 2025. The cost for the 2025 subscription period is $43,587.00. The 2025 rate represents a 3.9% increase from the 2024 rate of $41,936.00. The applicable NAICS Code is 513120 ‐ Periodical Publishers, with a size standard of 1,000 employees.

Market research was conducted in accordance with FAR Part 10 and included General Services

Administration Library searches for contractors that could provide access to the required online journals.

The results of this research indicated that APS was the only viable source. Therefore, there is no anticipated area of competition.

A Notice of Intent to issue a sole‐source award was posted on SAM.gov from 8/12‐26/2024. No inquiries or responses were received.

In accordance with FAR Part 6.302‐1 (b)(1)(i) ‐‐ Unique supplies or services available from only one source or only one supplier with unique capabilities; and FAR Part 13.106‐1(b)(1)(i) ‐‐ Soliciting from a single source 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 reasonably available (e.g., exclusive licensing agreements), as promulgated by 41 U.S.C.

3304 ‐‐ the Contracting Officer has determined there is no expectation of competition for this order and it is in the best interest of the Government to award a contract in the amount of $43,587.00 to APS.

Jason J. Dozier, Contracting Officer