Redacted_Updated_18_Jun_EBSCO_-_GSA_limited_sources_JA_Redacted.pdf

Limited Sources Justification and Approval (J&A)

Contracting Activity: 10 CONS / LGCB

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): LIBRARY PRODUCTS FOR EBOOKS, SERIALS, AND DATABASE SUBSCRIPTIONS

Program Type (PEO or Other Contracting): Other

Authority: Multiple Award Schedule Program (FAR 8.405-6)

Estimated Contract Cost (including options):

Description of Limitation:

Limited sources. Only one source (EBSCO) has the capability of meeting all the USAFA Library EBOOKS, SERIALS, AND DATABASE SUBSCRIPTIONS. A Delivery Order for a one year period (1 July 15 thru 30 Jun 16) will be issued against the EBSCO GSA contract schedule GS-02F-1402H.

COORDINATION (AFFARS 5306.304(a) )

Date

29 May 2015

Contracting Officer

10CONS/LGCB,

Signature

Date

29 May 2015

Project Lead / Program Mgr / Requiring Activity

HQ USAFA/DFLIB,

Date FLIGHT CHIEF / LGCB

10CONS/LGCB,

APPROVAL (AFFARS 5306.304(a) )

I. Contracting Activity.

HQ USAFA / 10 CONS / LGCB

Contracting Officer, Cadet Support Team

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

Limited Sources J&A per FAR 8.405-6. Delivery Order for the Library Products will be issued off a GSA schedule Contract GS-02F-1402H, expiration date of 30 Oct 2017. Purchase of ebooks, journal subscriptions, and database subscriptions.

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

USAFA requires complete and comprehensive support for Library products for eBooks, Serials, and Database Subscriptions for the McDermott Library and USAFA to meet educational and research requirements. The vendor is responsible for providing institutional memberships, CD-ROM and on-line databases, periodical subscriptions, electronic/on-line subscriptions, continuations/annuals, newspapers, eBooks, microfilm and microfiche required by USAFA. The vendor shall be able to support the ordering of supplied products in all formats: to include but not limited to paper, microfilm, electronic, diskette, CD-ROM, proprietary on-line, Internet, and World Wide Web-based publications. The vendor shall be able to communicate with non-domestic publishers in their languages in order to ensure timely provision of products, and be able to pay non-domestic publishers in local currencies where required.

USAFA currently purchases over 4000 eBooks per year and retains over 300 print subscriptions and 125,000 on-line subscriptions accessed through a mix of fixed firm orders, individual publisher subscriptions, publisher package subscriptions, and database subscriptions.

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

FAR 8.405-6(a)(1)(i)(B), “Only one source is capable of responding due to the unique or specialized nature of the work”. EBSCO is the only vendor positioned to fulfill all the USAFA Library requirements. Competitors howed no interest in a solicitation, and it is now known at this time that they cannot support the scope of this requirement. Also, mandatory source "Ability One" cannot support this requirement. In addition, a Request for Sources sought turned up no new interested players.

V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with

FAR 8.404(d).

The Delivery Order placed against the GSA schedule contract GS-02F-1402H will be fixed price per the prices set by schedule contract GS-02F1402H. Per FAR 8.404(d) Deviation, GSA has determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, to be fair and reasonable for the purpose of establishing the schedule contract.

GSA's determination does not relieve the ordering activity contracting officer from the responsibility of making a determination of fair and reasonable pricing for individual orders, BPAs, and orders under BPAs, using the proposal analysis techniques at FAR 15.404-1. Therefore, the level/criteria that will be used to determine price fair and reasonable will be IAW

FAR 15.401-1.

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

In coordination with 10 CONS, 10CONS/LGCB submitted RFI on FedBizOps on 30 April 15 to maximize awareness of and solicit interest from potential participants in a full and open competition. EBSCO was the sole responding company. The USAFA Library has proactively sought and reviewed published materials of

Given their lack of response to an RFI it is now known at this time if they could not support the scope of the requirement.

VII. Other facts supporting the justification.

In order to reach out to a large database of vendors, a Request for Information (RFI) Sources Sought was posted on FEDBIZOPPS on 30 April 15 to identify an any and all vendors who may have the capability to provide the Library Products and Services requested in the sources sought. In that RFI, survey type questions were asked:

a. What past experience and/or contracts have you performed in this support?

b. How long have you been performing this work?

c. What pricing structure would you propose for this type of contract?

d. What is your interest level in this requirement? Will you:

- definitely submit a proposal,

- might submit a proposal, or

- will not submit a proposal.

e. Please provide a brief description of your company and reference your business size status (i.e., 8(a), HUBZone, Woman/ Women Owned or Service-disable Veteran-owned, small business, large business, etc.).

When the Sources Sought RFI closed on 11 May 2015, only one vendor, EBSCO, (a large business and the current sole source incumbent contractor) responded that they would definitely submit a proposal. Small businesses who all are major subscription services did not even respond.

The Contracting Officer has personally contacted representatives from either by email or by telephone and requested if they would respond to an RFQ for the Library Subscriptions and e-Books Requirement. All three said that they would not submit an RFQ based on the fact that they could not meet all the products and requirements in the products lists that was sent with the original RFI.

Also, the Ability One program (www.abilityone.gov) was looked at to see if they could provide the Library products and services and Ability One could not.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

McDermott Library staff will continue to monitor the market of journal and database subscription providers to gauge the extent to which current providers have increased their capability, and whether the entry of new providers offering services with the scale and depth of information required has precluded a follow-on single source award. RFIs will be issued before future award to maximize awareness of the requirement and to invite any interested parties to provide information on their capabilities and submit a bid in full and open competition.

IX. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

X. 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.

GUIDANCE

I. Contracting Activity.

Fully identify the contracting activity responsible for the proposed contracting action. Include the name/phone number of the Contracting Officer. Specifically identify as a “Limited Sources” Justification. Identify purchase request number, if applicable.

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

State whether the action is a new order or by modification to an existing order. Identify the GSA schedule number, the Blanket Purchase Agreement (BPA) number, the order number for the current action, and the Contactor(s). Indicate the Period of Performance (PoP). Also identify the type of the order/line items on the order (e.g. Firm Fixed Price, Labor Hour, etc).

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

Specifically describe the supplies and/or services to be acquired including the price and quantity of each item in the order and state the total estimated value of the order. For services, state whether the services are performance-based and, if not, provide rationale for not being performance based. Also state the delivery/performance schedule/period for the items under the order.

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

This section is normally the most detailed part of the justification. To assist you in preparing this justification, an introductory sentence and the four circumstances of FAR 8.405-6 that justify restricting the number of schedule holders are provided below. Select the appropriate cite, then provide, in narrative form, a detailed explanation supporting the specific circumstance cited for limiting the number of schedule holders.

(Introductory sentence) FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1 or 8.405-2.

After selecting the appropriate cite, next select one of the four sentences below and provide a detailed explanation supporting the specific circumstance cited.

FAR 8.405-6(a)(1)(i)(B), “Only one source is capable of responding due to the unique or specialized nature of the work”. (Provide a detailed justification with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement.

The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements are not acceptable.)

FAR 8.405-6(a)(1)(i)(C), “The new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.” The original order was not issued under sole source or limited source procedures. (Provide details on the previously competed order and explain how this order is a logical follow-on to that order. Explain fully the connection between the previous work/order and the current one.

The user/customer typically provides this supporting information. General statements are not acceptable.)

FAR 8.405-6(a)(1)(i)(A), “An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.” (Provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the schedule impact if time were to be taken to follow FSS ordering procedures. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.)

FAR 8.405-6(b)(1), “The item is peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.” (Brand name specifications should not be used unless the particular brand name, product or feature is essential to the Government's requirements. Therefore, explain why the particular brand item is essential to the Government's requirements, and why other companies' similar items, or products lacking the particular feature, do not meet, or cannot meet, or cannot be modified to meet, the agency's need. The user/customer typically provides this supporting information.

General statements are not acceptable.)

V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with

FAR 8.404(d).

This section needs to be tailored based upon whether the order is for supplies/services not requiring a statement of work (FAR 8.405-1) or if the order is for services requiring a statement of work (FAR 8.405-2).

For FAR 8.405-1 orders the best value determination needs to be based upon the supply or service offered under MAS contracts by surveying at least three schedule contractors through the GSA Advantage! on-line shopping service, or by reviewing the catalogs or price lists of at least three schedule contractors. The ordering Contracting Officer's review of the Contractor's price list(s) and any price reductions sought is also required. (Contracting Officer should seek additional price discounts/concessions based on the specific order requirements on all orders over the micro-purchase threshold.) In addition to price, when determining best value, the ordering activity may consider, among other factors, past performance, special features of the supply or service required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, environmental and energy efficiency considerations, and delivery terms.

When an order contains brand name specifications, the Contracting Officer shall post the Request for Quote (RFQ) along with the basis of the justification as required by FAR 8.405-6(b)(3).

For FAR 8.405-2 orders for services requiring a statement of work, FAR 8.405-2(d) requires that an evaluation be performed based on the criteria provided to the schedule contractors. Therefore, the justification must address how the FAR 8.404(d) requirement for an evaluation of the proposed level of effort and mix of labor will be conducted and include a statement that the Contracting Officer will perform a price reasonableness determination as part of the best value determination.

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

Discuss market research that was conducted among schedule holders and the market research results that led to the conclusion to go sole source or to limit the number of schedule holders to be solicited. The narrative in this section should provide a high level of confidence that the requirements of 8.405-1 and 8.405-2 could not be met. If no market research was conducted, state so and provide the rationale.

VII. Other facts supporting the justification.

When FAR 8.405-6(a)(1)(i)(C) is cited for an follow-on acquisition as the basis for the justification, include an estimate of the cost that would be duplicated and the basis and derivation of the estimate, or provide details on why a delay to solicit additional schedule holders would be unacceptable.

Provide any other facts supporting the Limited Sources Justification.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

Describe all efforts to be taken to remove or overcome any barriers that preclude the agency from meeting the requirements of FAR 8.405-1and FAR 8.405-2 before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.

IX. Certification by the Contracting Officer.

The contracting officer's signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

X. Certification by the technical/requirements personnel

As evidenced by their signatures on the signature page, the technical/requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.