Justification to award Sole Source RS Means Annual Subscription Online
Type: Special Notice
Overview

Buyer

DEPT OF DEFENSEDEPT OF THE NAVYCOMMANDING OFFICERTWENTYNINE PALMS, CA, 92278-8108, USA

NAICS

Software Publishers (513210)

PSC

IT AND TELECOM - BUSINESS APPLICATION/APPLICATION DEVELOPMENT SOFTWARE AS A SERVICE (DA10)
Timeline
    Description

    The Department of Defense, specifically the Commanding Officer at the Marine Corps Air Ground Combat Center in Twentynine Palms, California, intends to award a sole source contract to The Gordian Group Inc., DBA RS Means Company LLC, for an annual subscription to RS Means Online Cost Estimating Software. This procurement is essential for providing online access to cost estimating tools and support for 10 user accounts, ensuring consistent pricing and operational integrity across multiple Job Order Contracts within the Public Works Division. The proprietary nature of RS Means' cost data necessitates this sole source approach, as alternatives would compromise pricing accuracy and efficiency in contract execution. Interested firms may submit their capabilities via email by April 22, 2025, with the contract period set from April 26, 2025, to April 25, 2026. For further inquiries, contact Randy Zielinski at randy.zielinski@usmc.mil or Marcus Schnars at marcus.schnars@usmc.mil.

    Point(s) of Contact
    Files
    Title
    Posted
    The memorandum outlines the justification for using other than full and open competition for a FAR Part 13 acquisition under the simplified acquisition threshold. It cites the need for an annual subscription to RS Means online cost estimation software, restricted to The Gordian Group Inc. DBA RS Means Company LLC, due to proprietary rights over their database. The service requires access for 10 users and is scheduled for the period from April 26, 2025, to April 25, 2026. The determination for a single source is based primarily on the proprietary nature of RS Means cost information, which is protected by copyright. The document emphasizes compliance with federal acquisition regulations while ensuring that the necessary tools for cost estimation in government projects are readily available. This procurement approach, focused on securing specialized services without competition, aligns with guidelines that allow for exceptions when only one source meets specific requirements.
    The justification outlines the need for sole source reliance on R.S. MEANS Cost Data software for pricing across four Job Order Contracts (JOCs) and one associated service contract within the Public Works Division (PWD). The current contract structure explicitly mandates the use of R.S. MEANS as the standardized cost database to ensure consistent pricing, operational integrity, and cost-effectiveness. Deviating from this software risks inaccuracies in pricing, leading to overpayments and disputes, undermining the contracts' efficiency. Alternatives have been deemed impractical, as they would require significant time-consuming analysis due to differing cost methodologies. The paper emphasizes the importance of this software for maintaining equitable bid comparisons and minimizing project delays. Ultimately, the recommendation stresses that adherence to R.S. MEANS not only safeguards the procurement process but also upholds the financial interests of the PWD by ensuring fair and efficient contract execution.
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