Single Source or Brand Name Justification Exceeding SAT RSMeans REDACTED.pdf

United States Department of Agriculture Single Source (Including Brand Name) Justification under

Simplified Procedures for Certain Commercial Items (FAR 13.5) Control No. N/A

1. Identification of the agency and the contracting activity.

U.S. Department of Agriculture (USDA), Farm Production and Conservation (FPAC) Business Center, Acquisitions Division, 1400 Independence Avenue, Washington, DC 20250.

FPAC- Business Center, Acquisitions Division, Operations Branch, Section 2

2. The nature and/or description of the action being approved.

USDA/NRCS performs cost estimating in accordance with the USDA/NRCS National Engineering Manual (NEM) Part 510–Planning 510.3 and Part 511- Design Procedures, Engineering Software. Part 510 policy requires cost estimates be prepared to support engineering project designs for construction. Obtaining a nationwide RSMeans subscription with 74 licenses will allow states to perform cost estimates for both large and small construction projects for all NRCS programs in support of its mission.

The USDA/NRCS proposes to award a single source Firm Fixed Price purchase order to Gordian Group, Inc. using the procedures for certain commercial items under Federal Regulation (FAR) Part 13.5.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

RSMeans Core Civil Package for 74 licenses which provides access to Building Construction Costs, Concrete and Masonry cost data, Heavy Construction cost data, and Site Work and Landscape cost data. The Civil Package is specifically targeted to these areas mentioned above and provides current year cost information instead of historical cost data which is required for NRCS to create accurate government estimates with real time data. The subscription price provides access to a comprehensive package of estimates for a large variety of work including those areas referenced above; no other subscription service provides this comprehensive data in a single subscription.

The package to be purchased includes:

Building Construction Costs – Our flagship title for commercial new construction includes data for all divisions of construction Concrete and Masonry – Specifically designed for concrete and masonry contractors Heavy Construction – Data for site prep, roads and bridges, earthwork, and utilities costs Site Work and Landscape – Designed for estimating all your site and landscaping related construction projects

Base Year: 06/01/2022 – 05/31/2023, $57,128.00 Option Year 1: 06/01/2023 – 05/31/2024, $57,927.79 Option Year 2: 06/01/2024 – 05/31/2025, $58,738.78 Option Year 3: 06/01/2025 – 05/31/2026, $59,561.12 Option Year 4: 06/01/2026 – 05/31/2027, $60,394.98

Total Estimated Price, including all options: $293,750.68

4. The statutory authority permitting other than full and open competition.

41 U.S.C § 1901 - Simplified Acquisition Procedures up to $7.5 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

RSMeans offers licenses which allow for both Customer Administrators and Users. This allows NRCS to establish a Customer Administrator in each NRCS State Office who will register and manage RSMeans users in their state. RSMeans subscription also allows users to be both active and inactive. The RSMeans subscription allows for registered users to move in and out of active status. The active users require a license while inactive users do not. This allows NRCS to have a large number registered user but pay for fewer licenses due to the ability to switch out active parties as a need arises to prepare a cost estimate. RSMeans is used in the Construction Industry is Providing more and better project cost estimates will better serve our customers. The idea is to greatly expand the number of Users who have access to RSMeans, greatly increase the number of cost estimates done, and thus greatly increase the value and reduce the software cost/estimate.

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

Gordian Group is the sole proprietor of the RSMeans software; there are no authorized resellers of this subscription.

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

Gordian Group has established commercial pricing for this subscription service. The price provided by Gordian Group for USDA/NRCS is less than their offered commercial pricing (online- $809/year per user; quoted- $774/year per user)

The Contracting Officer will make a fair and reasonable price determination prior to awarding the under FAR 13.5 procedures based on a comparison of the proposed price with historical prices paid and the independent government cost estimate (IGCE).

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

A search of the internet was conducted to determine whether other subscription services are available which can provide current year pricing for Civil Construction activities including those required by NRCS; Building Construction Costs, Concrete and Masonry, Heavy Construction, and Site Work and Landscape. No other programs were found in a web search who provided cost data for all of the above areas in one subscription; and no other vendors were found with the ability to have a larger number of registered users which can move in and out of active status allowing for a lower number of subscription licenses instead of NRCS paying for a subscription to cover every potential NRCS user.

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

Gordian Group is a large business and the sole proprietor of the RSMeans software; there are no authorized resellers of this subscription.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

None

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

FPAC is currently developing an IT Roadmap to determine the best processes and software for the newly established mission area. Previously, each agency had its own solutions and processes. As part of this overall effort, FPAC will continue to research the industry for available products and alternatives. The brand name justification will be posted on beta.SAM

Certifications & Approvals

Supporting data which form the basis for and included in this justification are certified accurate and complete.

Bridget Barlow Contracting Officer’s Representative

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Nnenna Njoku Contracting Officer

Additional Reviews & Approvals

Advocate for competition for the procuring activity (if over $750,000). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity, I hereby approve this justification.

Insert Name of the Procuring Activity Competition Advocate Chief, Procurement Operations Division Procuring Activity Advocate for Competition

Notes and Guidance. Delete these notes prior to finalizing document for signature.

Acquisitions using the procedures in FAR Part 13.5 (e.g., commercial supplies/services valued at more than the Simplified Acquisition Threshold (SAT) but not exceeding $7.5 million, including options), are exempt from the requirements in FAR Part 6; however, Contracting Officers must conduct sole source acquisitions (including brand name) under FAR 13.501 only if the need to do so is justified in writing and approved at the levels specified in FAR 13.501(a)(2).

Program personnel are advised to work with contracting personnel early on in order to promote and provide for full and open competition to the maximum extent practicable. In circumstances permitting other than full and open competition, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition through the use of this form.

Advance planning. Contracting without providing for full and open competition shall not be justified on the basis of (1) a lack of advance planning by the requiring activity or (2) concerns related to the amount of funds available to the agency or activity for the acquisition of supplies or services.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, 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 shall not be used unless the particular brand name, product or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the Agency’s needs. See below for posting requirements.

Posting. Contracting Officers shall make justifications publicly available (excluding brand name) within 14 days after contract award, in accordance with FAR 13.501(a)(1)(iii) and the procedures at FAR 6.305(a). In the case of unusual and compelling urgency, justifications shall be made publicly available within 30 days after contract award in accordance with FAR 13.501(a)(1)(iii) and the procedures at 6.305 (b), (d), (e), and (f). Brand name justifications shall be posted with the solicitation in accordance with FAR 5.102(a)(6).

Screening. Before posting this Justification, in accordance with FAR 6.305(e) and 24.202, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file and routed for electronic signatures. Adobe signature blocks shall include dates.