Sole Source Justification_1.pdf

United States Department of the Interior

OFFICE OF SURFACE MINING

RECLAMATION AND ENFORCEMENT

Washington, D.C. 20240

SOLE SOURCE JUSTIFICATION

IN ACCORDANCE WITH

FEDERAL ACQUISITION REGULATION (FAR) 6.302, 41 U.S.C. 253(c)

PR # 0040478428 Solicitation # DOISFBO200001

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements by FAR 6.302-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Sole Source Justification.”

The Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE), Western Region (WR), Technical Management Division (TMD). Contracting activity is OSMRE Acquisition Management Branch.

2. Nature and/or description of the action being approved. OSMRE intends to award a base year plus four option years, purchase order for a subscription of online periodicals. Environment & Energy Publishing (E&E News) is the only company that can provide the Government with access to engineering and scientific news and journals pertaining to energy and environmental issues and policies.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value). OSMRE has a need to obtain up to date details on various environments news (such as electricity, climate change, renewable energy, water, oil and gas...etc). E&E News will provide OSMRE with digital subscription for Energy and Environmental policy-related periodicals, including E&E Daily, EnergyWire, ClimateWire, GreenWire and E&E NewsPM. This subscription is available for an unlimited number of users/subscribers, as long as they are official, direct staff of OSMRE. Subscribers will receive an email notification when updated editions are published.

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

□ FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. 41 U.S.C. 3304(a)(1)

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

E&E Publishing is the only vendor capable of providing the necessary periodicals at a daily frequency. Potential risks include less industry-specific information provided to policy decision-makers in OSMRE. Other environmental and energy publications exist, however none provide the specific periodicals requested by OSMRE leadership.

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.

This justification will be posted on the government point of entry www.beta.sam.gov for 10 days to allow for any potential contractors to submit their capability statements for consideration.

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

The Contracting Officer will make an affirmative decision based on the current market rate charged to other government agencies based on industry standards, and any discounts offered.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

In February 2020, TMD conducted market research via an internet search for Energy and Environmental news subscriptions, which returned one viable source of service provided, E&E Publishing. Other web-based subscriptions to general or specific government and industry policy are available, however no other company provides the specifically requested periodicals that are highly specialized and designed for energy and environmental policy.

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

The were no other pertinent factors applicable to this requirement.

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

At this writing, there were no sources who provided written interest in the acquisition. By posting to the GPE, the Government provides an opportunity for additional sources to provide capability statements identifying their ability to support the Government’s requirement.

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

The program office requires specific subscription information related to energy and environmental publications. It is the mission of the Government and the Department of the Interior/OSMRE, to seek competition to the maximum extent practicable. Future requirements http://www.beta.sam.gov/ will be reviewed, market research conducted, to determine if the market has significantly changed to permit issuance of a competitive solicitation.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Richard Skinner Date Contracting Officer

13. Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

R. Paul Ulmer, PMP - Program Analyst 3/6/2020

Name Date Title (Program Office/COR)

14. Reviews and Approvals

Concur

Robert Welsh, TMD Division Chief 3/6/2020

Name Date Title (Branch Chief)

4/3/2020