SSJ - Getty Images.pdf

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN MARKET OR GSA)

UNDER $250,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

Office of the Associate Director for Communication, Division of Communication Services Roybal Campus Building 19, Basement, MS-G21 Centers for Disease Control and Prevention Atlanta, GA 30329

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch Branch 4, Small Purchases

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: The Division of Communication Services (DCS), Office of the Associate Director for Communication (OADC) wishes to obtain subscription access to an online subscription database (Getty Images Premium Access Signature), which shall include 13,000 downloads, Basic rights, over a one year term, and (Getty Images Premium Access Elite) which shall include 500 downloads, basic rights, with editorial RM licensed material over a one year period, subscription access to an online subscription database (Getty Images Custom Content) which shall include up to 3 briefs of up to 75 pieces of content each solicited and curated according to specific themes outlined by DCS.

b. Procurement Request (PR) Number (if available): Click here to enter text.

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor: Getty Images

b. Estimated Procurement Amount: $69,648.00

3. Is the requirement on GSA Schedule? ☐ Yes ☒ No

If yes, provide schedule number: Click here to enter text.

$100,000.00

Rev. 5/14/19

D. Justification:

1. The justification for this non-competitive action is:

☒ In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name.”

☐ Urgency ☒ Exclusive licensing agreements/Proprietary data ☐ Brand name required ☐ Industrial mobilization ☐ Other (e.g., compatibility, space issues, continuity, compatibility, etc.)

☐ In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays; (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or (C) In the interest of economy and efficiency, the new work is a logical follow-up to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original BPA must not have been previously issued under sole-source or limited-sources procedures.”

☐ Urgency ☐ Only One Source ☐ Logical Follow Up ☐ Brand name required

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

DCS supports CDC’s mission by providing the visual content necessary to communicate scientific information, and document CDC activities. These efforts are sustained through a combination of inhouse talent and online resources. Due to Getty’s capacity and it’s recent acquisitions of all other major stock image repositories, Getty is the only vendor that provides both unlimited downloads (which enables us to service client requests without extensive prohibitions) and a photo and image database with the breadth and depth necessary for service to CDC. Getty has an archive of 80 million images and 50,000 stock films. It provides historic, scientific, editorial, and creative graphics that allows DCS to provide visual communication beyond our physical capacity to travel, document, and create. Getty is also unique in that it allows clients (not just license holders) to identify images to 'boards' that can then be accessed by license holders which significantly expedites the development process, essential when time is limited in development of materials. These include 41 premium royalty free collections and 2 user-generated collections via the subscription service. Collections include: Ablestock.com, BananaStock, Best View Stock, Brand X Pictures, Comstock Images, Creatas Images, Design Pies, Digital Vision, Darling Kindersley, Eyecandy Images, Flonline, FogStock, Fuse, GeoNova Maps, Glow

Rev. 5/14/19

Images, Goodshoot, Image Source, lmagebroker, ImageRite, Ingram Publishing, Keith Levit Photography, Lifesize, liquidlibrary, Lite Productions, MIXA, Photodisc, PhotoObjects.net, Photos.com, Pixland, Polka Dot Images, Purestock, Realistic Reflections, Ron Chapple Studios, Stockbyte, Stocktrek lmages, TongRo Image Stock, Top Photo Group, Valueline, VStock, Wavebreak, Zoonar; and Hemura and iStockphoto as user-generated collections. Getty provides the necessary metadata (on a monthly basis) which indicates which images have been downloaded by which user. Finally, and most important, because the images downloaded and used in projects during the subscription period shall be used in projects after the term expires it is imperative that all artists have access to these images- even after a year when the subscription is not renewed. Getty images is the only vendor that allows CDC to retain the rights to all downloaded images.

b. What other products/services were considered and why did they not meet the need?

Subscription to any other service (including previous major competitors iStockphoto and MediaVast) would be redundant as over the past ten years, Getty has systematically acquired all comparable services. As all previous competitors are now subsidiary collections of the Getty portfolio, research conducted to find a robust online stock photography package that provided comparable access and usage for the agency was unsuccessful.

3. Program Office efforts to seek potential offerors:

The program spent several months researching other comparable brands to find they were all subsidiaries under the Getty Images parent brand. Because of industry consolidation, there are no similar alternatives in terms of scope or depth of the imagery that Getty offers in its Premium Access and Elite collections.

E. Program Office Certification:

I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title: Bradford A. Myers, Director, DCS/OADC

Center/Institute/Office COR/Program Official Signature:

Certification Date: April 11, 2022

F. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.

Tailee C. Tucker

08/19/2022