Sole Source Justification -Signed.pdf

Department of Energy Washington, DC 20585

May 8, 2024

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Identification Number: 89703024PAR000036

1. Identification of the agency and contracting activity. The Contracting Activity is for the Department of Energy (DOE), Washington Headquarters. The requiring agency is the Advanced Research Project Agency- Energy (ARPA-E).

The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc. Contracting without providing for full and open competition. The Government anticipates a Firm Fixed Price (FFP) contract to Consumer Technology Association.

2. A description of the supplies or services required to meet the agency’s needs.

DOE requires renting a 20’x30’ booth at the 2025 Consumer Electronics Show (CES). The booth will assist DOE communicating its work and mission to the public and to businesses that might extend the Department’s work. Specifically, ARPA-E program areas and awards support the development of technologies that ultimately find commercial partners and customers, many of which are likely participants at

CES.

3. The statutory authority permitting other than full and open competition. This action is under the procedures of Federal Acquisition Regulation (FAR) 13.106-1(b)(2), under the authority of 41 U.S.C. 1901, Simplified Acquisition Procedures.

4. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority. DOE and more specifically ARPA-E have a need for a Booth at the 2025 Consumer Electronics Show (CES). CTA works directly with CES to book space. Consumer Technology Association (CTA) is the only technology trade organization that organizes CES. CES is an annual trade show presenting new products and advances in technology. Annual attendance is in excess of 100,000 people, making it one of the largest shows of its kind. Failure to support this requirement would adversely affect representation for DOE. If the services are not provided, DOE would not be able to present the Department’s contributions to technology development and deployment at CES.

5. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a FedBizOpps announcement was made and what response, if any, was received, or include the exception under FAR 5.202 if not synopsizing. Describe whether any additional or similar requirements are anticipated in the future. The CTA Platform main competency is the Consumer Electronics Show (CES), which is not offered by competitors. For this reason, Consumer Technology Association is the only company that can meet both DOE’s requirement.

On March 22, 2024, a “Notice of Intent to Sole Source” on SAM.gov for 7 days in accordance with FAR 5.203(a)- Publicizing and Response Time. Responses from industry due by March 28, 2024, an appropriate time for a commercial item.

6. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. The anticipated price for this order will be fair and reasonable. The Government will be able to compare pricing received to the independent government cost estimate and/or historical pricing per techniques identified at FAR 13.106-3(a)(2). Certified Cost and Pricing Data is not required for this action.

7. A description of the market research conducted and the results. On March 22, 2024, a “Notice of Intent to Sole Source” on SAM.gov for 7 days in accordance with FAR 5.203(a)- Publicizing and Response Time. Responses from industry are due by March 28, 2024.

ARPA-E is looking to have a 600 square foot booth in the North Hall at the Las Vegas Convention Center for January 7-10. ARPA-E plans to use the Booth to communicate the mission and technology supported by the agency, providing an opportunity for technology business leaders to connect with the agency.

The Government leveraged internet search engines to conduct market research to assess availability of the product. But all companies lacked the following necessary function critical to ARPA-E:

• Presence at the Consumer Electronics Show.

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

N/A.

9. A listing of any sources that expressed a written interest in the acquisition. The Government received one response (LJW IT Services, LLC) on 3/27/2024 to the Government’s Notice of Intent to Sole Source. The Government evaluated this quote for this procurement. Since this quote was higher in price, the Government proceeded with awarding this order to CTA.

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

ARPA-E is constantly doing market research and due diligence with regard to renting the booths. This process allows ARPA-E the ability to decrease sole-source procurements and exercise every effort to assure a competitive acquisition in accordance with the Competition in Contracting Act of 1984 and applicable DOE Orders.

Certification I certify that the fact and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Farwa Nawaz Contracting Officer Advanced Research Projects Agency - Energy