SSJ SAM.pdf

Source Selection Information – See FAR 2.101 and 3.104

Sole Source Justification

CFTC intends to solicit on a sole source basis. The following rationale is provided in accordance with the requirements of FAR 13.106-1.

1. Agency and the contracting activity

The Business Operations Branch (BOB) of the Commodity Futures Trading Commission (CFTC) and the Office of the General Counsel (OGC) seek to renew a subscription to Financial Times (FT.com).

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

The CFTC proposes to directly award a purchase order to Financial Times for FT.com subscription.

3. Description of supplies/services & estimated value

This subscription provides necessary and up to date information and insight on financial markets that assist the Commission’s risk analysts, economists and attorneys oversee the commodities and futures markets.

The estimated value of this purchase order is $188,073.00. The period of performance is a base period of one year and two option years, for a total period of performance of three years.

4. Identification of authority permitting other than full and open competition

The statutory authority permitting other than full and open competition for this requirement is 41 U.S.C. 3304(a)(1) “the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.” This statute is implemented by Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i) – “the circumstances deemed only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).”

5. A demonstration that the proposed contractor’s unique qualifications of the nature of the acquisition requires use of the authority cited

CFTC must renew its existing FT.com subscription in order to provide an informational tool to support CFTC mission operations, such as oversight activities and assessments of financial risks.

FT.com is a subscription based, online version of the newspaper Financial Times. The subscription to FT.com will allow CFTC employees to have access to valuable news information necessary to perform operations. The information supports the CFTC’s mission to protect market participants and the public from fraud, manipulation, abusive practices and systemic risk related to derivatives – both futures and swaps – and to foster transparent, open, competitive and financially sound markets. In order to support this the CFTC requires up to date news related to business, finance, and economics from around the world. FT.com provides news and commentary in these subject areas written by journalists and commentators exclusively for the Financial Times. This information is necessary to make informed researched based decisions on proposed regulations and enforcement actions.

Access to this exclusive information is necessary to support CFTC’s mission to regulate markets.

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

In accordance with FAR 5.2, a notice of this action was posted on the SAM.gov website.

One relevant response was received from Natacha S. Ilarion LLC. The contracting officer informed Natacha S. Ilarion LLC to provide a written response detailing their capability by May 30, 2024 (see contract tab 11). Natacha S. Ilarion LLC did not provide any further response or otherwise communicate further by May 30, 2024. Therefore, CFTC determined that Natacha S.

Ilarion LLC could not meet CFTC’s requirements.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable

CFTC anticipates receiving commercial pricing that is competitive with the marketplace.

Financial Times is the only source that can meet the Commission’s informational tool needs as CFTC requires up to date news related to business, finance, and economics from around the world. CFTC has found no other subscription that does similar tasks and has all the functionality that is required by CFTC users. Therefore, CFTC anticipates that the pricing submitted by Financial Times, will be fair and reasonable.

Further, CFTC has determined that this purchase order will represent the best value to the Government. This order will result in the lowest overall cost alternative, as switching to a new vendor for this requirement would be prohibitively expensive, and increase performance risk as it would require substantial changes to how CFTC currently obtains the information.

8. Description of market research

Market research was conducted by CFTC/OGC as well as the Contracting Officer. Sources of research were the NASA SEWP and GSA Federal Supply Schedule contracting vehicles as well as the open market. Market research showed that no resellers of the FT.com subscription were available.

9. Any other facts supporting the use of other than full and open competition

None.

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

CFTC will continue to monitor the market to determine whether FT.com authorizes resellers in the future. Additionally, CFTC will Should CFTC change its informational needs, that changed requirement would possibly be competed amongst eligible vendors.

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

Natacha S. Ilarion LLC.

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