JFOC.docx

Justification for other than full and open competition Shared Services Procurement Office 1401 Constitution Avenue NW Washington, D.C. 20230

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION FOR COMMERCIAL SIMPLFIED ACQUISITIONS OVER THE SIMPLIFIED ACQUISITION THRESHOLD

FAR 12.102

1. Identification of the agency and the contracting activity:

1401 Constitution Ave, NW Washington, D.C. 20230

1401 Constitution Ave, NW Washington, D.C. 20230

In accordance with the Revolutionary FAR Overhaul (RFO) Federal Acquisition Regulation (FAR) 12.102 and in accordance with 41 U.S.C. 1901, the Office of Acquisition Management proposes to award contract on the basis of other than full and open competition with The Financial Times Limited for fDi Marketplace Data on behalf of SelectUSA. The total estimated cost is $XXX (Base plus three one-year option years).

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

A firm-fixed priced contract will be awarded to The Financial Times Limited for a base plus three one-year option periods.

3. A description of the supplies or services required to meet the Department’s needs.

The FDI Markets database provides SelectUSA with access to a comprehensive global, web‑based investment intelligence platform. The tool enables SelectUSA to research foreign-owned companies investing in the United States and internationally, organize companies by industry sector, country of origin, and investment destination, and analyze investment trends.

The subscription provides the capability to:

• Track announced greenfield investment projects globally

• Track USD value (real and estimated) of investments

• Track job creation data associated with investment projects

• Generate editable reports and exportable datasets for client consumption

• Produce side‑by‑side comparisons of U.S. and international locations

• Identify early‑warning investment signals indicating potential investment decisions

These supplies/services allow SelectUSA to accomplish assigned Commerce Business System mission objectives and support investment attraction and economic development activities.

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

RFO FAR 12.201, in accordance with 41 U.S.C. 1901.

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

The FDI Markets database is the only tool available with these unique characteristics. The proprietary global greenfield investment dataset, integrated analytics, and early‑warning investment signals are owned and maintained exclusively by The Financial Times Limited.

The Investment Research Team in SelectUSA requires targeted automated investment reporting and comparative international datasets at the city and regional level of detail. These capabilities contribute significantly to research, outreach, and investor advisory activities and cannot be replicated through alternative commercial sources without substantial loss of functionality.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is possible, including whether a notice was or will be publicized as required by RFO FAR Part 5 and, if not, which exception under RFO FAR part 5 applies.

Market research included review of historical acquisition documentation, evaluation of commercially available investment intelligence platforms, and consultation with program officials. A synopsis was prepared consistent with FAR Part 5 requirements to identify potential capable sources. No additional responsible sources capable of meeting the Government’s requirements were identified.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Note: dollar amounts may not exceed statutory limitations for simplified procedures identified in RFO FAR 12.001.

The Contracting Office determines that the anticipated price(s) will be fair and reasonable based on historical pricing. By signing the justification the Contracting Officer makes a determination that the price to the Government are expected to be fair and reasonable.

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

The ongoing market research effort included review of historical acquisition files, evaluation of commercial investment intelligence providers, and comparison of vendor capabilities against SelectUSA operational requirements.

Sources included both formal and informal market research mechanisms commensurate with the complexity and dollar value of the acquisition. Market research confirmed that the FDI Markets database remains the only source capable of providing the required proprietary investment intelligence within a single integrated platform.

9. Any other facts supporting the using other than full and open competition such as:

Additional market research was conducted using the General Services Administration (GSA) eLibrary and GSA Advantage utilizing NAICS Code 513110. No alternative sources capable of meeting the Government’s requirements were identified. The requirement was previously procured under Department of Commerce contract numbers 1331L520P13500031 and 1331L521P13500050, which further supports the determination that the proposed source remains the only responsible source capable of fulfilling the agency’s needs.

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

No responses were received from the public or industry in response to the publicized synopsis of the proposed contract action, and no sources otherwise expressed, in writing, an interest in the acquisition.

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 barriers limiting opportunity to other software providers are created by Commerce Business System limitations for which the Department of Commerce does not have control and therefore does not have the capability to overcome. The Government will continue to conduct market research prior to future acquisitions to determine whether competitive sources become available.

12. Program Official’s and Contracting Officer’s Certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief:

Based on the above information, it is determined to be in the Government’s best interest to acquire fDi Marketplace Database for SelectUsa. I certify this justification is accurate and complete to the best of my knowledge and belief.

Program Official

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