FAR-Part13-5-Sole-Source-JA_ACC-ProcurementIQ_redact_Redacted.pdf

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: The Deputy Assistant Secretary of the Army (Procurement) with the Army Category Management implementation team requires industry and procurement Research reports that will provide acquisition requirement professionals the necessary base knowledge when researching a requirement. In one sentence, specify the customer and what the effort will procure.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

DSN:

Signature:

Right-Click "Signature Setup"

Legal Counsel:

Typed Name:

DSN:

Signature:

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: MICC-FSH, 2205 Infantry Post Road, Fort Sam Houston, Texas 78234.

2. Description of Action: DASA-P requests a Firm Fixed Price Contract for requires industry and procurement Research reports that will provide acquisition requirement professionals the necessary base knowledge when researching a requirement. The Government projects award for June 14, 2019 and fiscal year 2019, Operations and Maintenance, Army or Other Procurement Army funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d) (i) (B).

3. Description of Supplies/Services:

The Deputy Assistant Secretary of the Army (Procurement) with the Army Category Management implementation team requires industry and procurement Research reports that will provide acquisition requirement professionals the necessary base knowledge when researching a requirement. The ready to use report should include industry benchmarking, leverage assessments, supply chain risk, pricing forecasts, analysis of price drivers, and major vendor statistics. The industry reports should focus on procurement related factors that provide benchmark data in hundreds of industry reports. The data and the analysis provided in the reports will arm stakeholders with vital market Intelligence to assist in price negotiations with suppliers in an effort to conduct acquisitions that will result in rate, process, and demand efficiencies for the Army.

Performance Periods Performance Period Dates Base Period 10 June 2019 to 9June 2020 Option Period 1 10 June 2020 to 9 June 2021 Option Period 2 10 June 2021 to 9 June 2022 Base + All Options

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other: only one responsible source and no other supplies or services will satisfy agency requirement

5. Reason for Authority Cited:

The Deputy Assistant Secretary of the Army (Procurement) ((DASA(P)) with the Army Category Management implementation team requires industry and procurement Research reports that will provide acquisition requirement professionals the necessary base knowledge when researching a requirement. The ready to use report should include industry benchmarking, leverage assessments, supply chain risk, pricing forecasts, analysis of price drivers, and major vendor statistics. The industry reports should focus on procurement related factors that provide benchmark data in numerous industry reports. The data and the analysis provided in the reports will arm stakeholders with vital market Intelligence to assist in price negotiations with suppliers in an effort to conduct acquisitions that will result in rate, process, and demand efficiencies for the Army.

IBISWorld's ProcurementIQ reports provide a unique approach to market research by bringing together businesses, educational institutions and government organizations to provide on-demand research services. These activities include focused benchmark prices, sharing of best practices across industries, access to Procurement Insider, receipt of focused studies into particular commodities, participation in the research process, and on-demand research services. These activities are beyond the scope of the Category Managers and the ACC/MICC acquisition workforce. Additionally, the IBISWorld ProcurementIQ reports provide industry data for the majority of categories that are supported by the DASA(P) Category Management group.

In May 2018 the USAF conducted a side by side comparison of similar industry reports for the same service DASA(P) requires above and determined that the level of data needed by procurement activities was only met by the IBISWorld ProcurementIQ reports.

All other identified Market Research vendors could only provide reports for a limited number of categories and none of the vendors contacted could provide benchmark data;

therefore, no other vendor can offer a product that meets the customer's needs.

DASA(P) and MICC-FSH reviewed the USAF Market Research conducted in May 2018 and the resultant USAF Sole Source justification and determined the information to be currently accurate and valid for this action. Given that USAF requirement and DASA(P) requirement are the same and recent, MICC-FSH adopts the USAF conclusions and market research for this action.

Notwithstanding the adoption of USAF conclusions and market research for the same requirement, the MICC-FSH posted a Sources Sought notice on the Government-wide point of entry site in May 2019. This notice included the PWS which defined the scope of market research reports that DASA(P) and Army contracting offices require. The MICC_FSH received no responses to the Sources Sought except IBSWorld’s ProcurementIQ.

As noted above, USAF conducted a recent and relevant Market Research and concluded there was no other company that could reasonably accomplish this requirement other than IBSWorld’s ProcurementIQ. The USAF documented its decision in a Market Research Report and a Sole Source Justification and Approval. Similarly, MICC-FSH conducted its own market research using a Sources Sought and found no interest from other companies for this requirement. As such, IBIS World ProcurmeentIQ reports is the only responsible source that will meet the Army's requirement and no other industry report services will satisfy it. A sole source action is the only method of acquiring this critical product/service.

Any possible alternatives are not reasonably available to the USG: the required product/service does not exist with other companies that will provide the breadth, qualify, quantity, and detail that DASA(P) requires, like the USAF, to be in the industry research and procurement reports; the cost of other companies to create specific market research reports with sufficient detail and market information on a case-by-case basis is prohibitive; and the time required for another company to create the specific market research reports with sufficient detail would cause mission failure. As such, no other companies services will satisfy DASA(P) requirement.

As the Department of Defense and the US Army has moved to category management, and DASA(P) has reorganized and created category managers, the information contained and gleaned from these reports has critical impact to the US Army’s category management and buying power.

6. Efforts to Obtain Competition: Market Research was conducted in effort to find additional qualified sources; however, there was no other capable sources identified. See paragraph 8 for more information on Market Research conducted.

Also, a sources sought synopsis was required and was posted to the Government Point of Entry (GPE) on 1 June 2018 for 10 days. No responses were received. A sources sought notice was posted on FedBizOpps, and closed on 5/20/2019. Received no sellers bids and 144 No bids. The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: DASA(P) will continue to review the industry and procurement research report market and other potential vendor’s solutions as they become available for future competition of this requirement.

8. Market Research: The recent and highly relevant market research conducted by USAF for the same requirement was reviewed. Also, further market research was conducted in effort to find additional qualified sources to include internet searches and re-validation of USAF conclusion and information in their market research report;

however there were no other capable sources identified. Market Research results are captured in a separate Market Research Report. Also, a sources sought synopsis was required and was posted to the Government Point of Entry (GPE) on 1 June 2018 for 10 days. No responses were received. Sources Sought Notice was posted on FedbizOpps for 7 days; closed on 5/20/2019. We notified 4, 831 Sellers; received no Seller Bids, received 144 No bids.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History: N/A

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Date:

Title: Acquisition Reform Lead Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Date:

Title: Acquisition Reform Lead

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

The techniques identified at FAR 15.404-1(b) will be used to ensure that award will be at fair and reasonable prices. The Government will compare proposed pricing set forth by Procurement to historical prices paid by the Government on similar contracts. Pursuant to FAR 15.403-1(b) (3), certified cost or pricing data will not be required as this acquisition meets the definition of a commercial item as defined in FAR 2.101.

This determination will be made using the following: price analysis cost analysis IGCE audit: other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Danny L. Choice Date: June 11, 2019 Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Danny L. Choice Date: June 11, 2019 Title: Contracting Officer Signature: