JA_FY15-0191_ANSI__4_17_15.pdf

Justification &Approval (J&A) Justification For Other Than Full And Open Competition

41 U.S.C. 3304(a) pursuant to FAR 6.302-1

J&A No.: FY15-0191

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), proposes to enter into a contract on a basis other than full and open competition.

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

(a) Type of action: Firm-Fixed Price Contract

(b) Amount: $640,000.00

(c) Type of funding: WCF (FY2015)

(d) Other brief descriptive words and phrases.

The Office of Chief of Information Office (OCIO)/Enterprise Systems Development Office (ESDO) has a requirement to procure the American National Standards Institute (ANSI) Collection subscription services to provide access to commercial industry technical standards from U.S. standards organizations that are referenced within the Code of Federal Regulations Title 40 – Protection of Environment. The commercial industry standards are required to ensure compliance with DHS-approved standards as well as providing specifications for design and manufacturing and repair. The subscription provides immediate access to standards that are required and otherwise difficult to find.

3. Description of Supplies/Services.

This is a new requirement. The subscription providing IP authenticated web-based access is to provide specific commercial industry technical standards from the American National Standards Association, International Standards Organization, American Society of Mechanical Engineers, and other standards organizations that are referenced within the Code of Federal Regulations Title 40 – Protection of Environment, accepted by, vetted, approved, and used within the Department of Homeland Security and Components to meet required regulations.

J&A Other Than Full and Open Competition J&A No.: FY15-0191

The subscription services being acquired is for enterprise access, with administrative control by the Research Library & Information Services (RLIS) program office. Subscription users are 7 sites (Washington, DC; New York, NY; Baltimore, MD; Elizabeth City, NC; Norfolk, VA;

Alameda, CA; Lockport, LA) licenses the custom collection and provides continued access to specifications and standards for the entire Department. The collection of standards from ANSI is a unique resource and no other vendors are identified to provide the same level of quality and to meet the continued need. The period of performance for this service is one (1) year base period plus three (3) option periods (April 10, 2015 to April 9, 2019). The anticipated cost for total four

(4) years is $640,000.

Period Unit Price Total Base Year 12 mo $160,000 $160.000 Option Year 1 12 mo $160,000 $160,000 Option Year 2 12 mo $160,000 $160,000 Option Year 3 12 mo $160,000 $160,000

Total $640,000

3. Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) pursuant to FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

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

ANSI is a private, nonprofit membership organization supported by a diverse constituency of private and public section organizations. All standards developing organizations own the copyright and/or have the exploitation rights to documents they publish and/or license to ANSI.

ANSI is the official U.S. representative to the International Organization for Standardization (ISO), and via the U.S. National Committee, the International Electrotechnical Commission (IEC). DHS must meet industry technical standards and other standards that are referenced within the Code of Federal Regulations Title 40 – Protection of Environment and Code of Federal Regulations Title 1 Part 51 – Incorporation By Reference. DHS considers the use of standards in all rulemakings, incorporates regulation standards whenever required, and continuously reviews regulations to update outdated, obsolete, or unnecessary standards.

ANSI provides unique and highly specialized content in providing the commercial industry standards and exclusive licensing agreement. This requirement is for proprietary content and only ANSI is the products/services provider of the ANSI Collection content. ANSI standards are recognized as essential requirements to support the mission functions of DHS, including information security, safety, and mechanics.

DHS has been buying standards piecemeal with several Components buying the same standards, causing an inefficiency of funds and effort. Coordinating the procurement of standards into a single procurement meets the Efficiency Directive on Subscriptions and provides immediate desktop access to technical specifications required by regulation.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The Sources Sought Notice was posted to FedBizOpps on 3/24/2015 requesting that parties express their interest in writing to the contracting officer. One response to this synopsis was received. It was verified that this interested party is the ANSI’s service facilitator which allows them to sell only ANSI products. Only ANSI provides the services included with ANSI membership via ANSI license agreement.

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

The contracting officer determines that the anticipated price will be fair and reasonable based on comparison of the proposed price with ANSI’s current price list available to the federal agencies.

8. Description of market research.

Market research studied the vendor options available. There are multiple standards-developing bodies which specialize in specific types of technical standards. A survey of the standards-users across DHS and Components was conducted to obtain a list of the most commonly required standards. The list was used to compare commercial availability of standards from a variety of vendors. One of the most commonly required regulation standards is the ANSI standard. ANSI is the only standards-developing body that develops ANSI standards.

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

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

A synopsis was issued in the FedBizOpps on 03/24/15 requesting that parties express their interest in writing to the contracting officer. In response to the synopsis, I.H.S. has expressed their interest in this requirement. After discussions with this interested party, it was found that this company is partly capable of providing the required services.

11. 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.

Commercial services are reviewed each year. RLIS requests feedback from the users to determine that the services are still meeting mission requirements. Stakeholder feedback is used for subsequent acquisition in the future.

12. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Lea Wade____________________________ ____________ Technical Representative/COR Date

APPROVAL:

Contracting Officer Date