Sole_Source_Justification_2016-0095_redacted.pdf

J&A Log #: 2016-0095

SOLE SOURCE

JUSTIFICATION AND APPROVAL

Upon the basis of the following justification as required by Federal Acquisition Regulation (FAR) 13.501(a), I, as the Contracting Officer, hereby approve the use of sole source for the proposed contract actual action pursuant to the authority of 41 U.S.C. 1901.

1. Agency and Contracting Activity:

U.S. Securities and Exchange Commission (SEC) 100 F Street, NE Washington, DC 20549

2. Nature and description of action being approved.

This is a sole source requirement. It will be conducted in accordance with FAR 13.501 - Test Program for Certain Commercial Items. The Government intends to award a sole source firm fixed price contract with a base year and four (4) one (1) year options to Barclay Hedge Group, in Fairfield, Iowa. This is a follow-on requirement to SECHQ1-14-P-0146.

3. Description of the supplies or services required (including estimated value).

This requirement is for access to BarclayHedge’s Hedge Funds Database, which provides quantitative and qualitative data for active and inactive hedge funds. The database shall be available for download in compressed zip files via the Internet. The database shall be updated monthly. The database shall contain hedge fund information for the U.S. and Canada, including the following:

• legal name, domicile, status, inception date, and current assets

• fund administrator, advisor, custodian, prime broker and auditor, including key contact persons with phone number,

• investment strategy synopses and risk management techniques,

• historical performance data,

• monthly performance updates.

The data format must be in a format compatible with the PerTrac Analytical Platform SQL Version.

The estimated contract value for the base year is $ which will use FY16 funds. The total estimated value of the contract for one (1) base period and four (4) one (1) year option periods is $.

4. Statutory authority permitting sole source.

The statutory authority permitting sole source is the Test Program for Commercial Items, FAR 13.501(a)(1)(ii) – Sole Source Acquisitions in accordance with 41 U.S.C. 1901.

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

Barclay Hedge’s Hedge Fund Database is one of several sources of information on hedge funds that are available for use in the Securities and Exchange Commission's (SEC) OIDS research platform.

These databases contain information that hedge funds voluntarily report. The aggregation of Barclay Hedge's Hedge Fund data with additional content through OIDS fulfills the requirement for comprehensive coverage and analytical tools needed to perform on-going hedge fund industry surveillance which is required by the SEC.

Additionally, the SEC’s surveillance requirements include determining if the data reported by hedge funds to multiple databases is consistent. While these sources may overlap in their coverage of funds, Barclay Hedge’s Hedge Fund database provides unique funds not reported elsewhere.

6. Efforts to ensure that offers are solicited from as many potential sources as possible.

This proposed action will be publicized on Federal Business Opportunities (FBO.gov) in accordance with FAR 5.201. Any bids or proposals received shall be considered. The market is continuously monitored to identify new entrants to the marketplace.

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

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. The Contracting Officer anticipates using market research, comparison to prices of the same or similar services, and a comparison to the Independent Government Cost Estimate to finalize their opinion in accordance with FAR 13.106-3.

8. Description of market research conducted and results or statement of the reasons market research was not conducted.

The Division of Risk, Strategy, and Financial Innovation conducted market research regarding market capabilities. As a result of the market research efforts, the Government determined that no other vendor can provide the same database.

9. Other supporting facts.

N/A

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

To date, no sources have expressed any interest. A list of sources that express interest in actions under this Justification and Approval will be maintained in the contract file.

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

The SEC will continue to survey the market for future acquisitions for the purpose of verifying the sole source nature of this acquisition.

12. Required Signatures

TECHNICAL & REQUIREMENTS CERTIFICATIONS

I certify that the facts and representations which form the basis for this justification are accurate and complete.

Name/Title Signature Date

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort exceeds $150K but does not exceed $700,000, this certification serves as APPROVAL.

Name/Title Signature Date