1-5-1_LSJ Exceeding SAT (Redacted for SAM.gov Posting after award).pdf

www.uscis.gov

Rev: 10/13/2023

Limited-Sources Justification, Exceeding the Simplified Acquisition Threshold, cyberFEDS

REFERENCE: Justification Log Number: FY25-0008 and PR Number: ADM250015

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), Office of Contracting, proposes to award an order, on behalf of the Office of Administration (ADM), pursuant to FAR 8.405-6, Limiting Sources.

2. Nature and/or description of the action being approved.

USCIS intends to limit the number of sources solicited pursuant to FAR Part 8.405-6, for the procurement of cyberFEDS Subscriptions to LRP Publications, Inc., 360 Hiatt Drive, Palm Beach Gardens, Florida 33418-7106. The order will be placed against LRP Publications, Inc.’s General Services Administration (GSA) Multiple Award Schedule (MAS) contract, 47QTCA20D002P.

3. Description of Supplies/Services.

CyberFEDS Subscriptions provide up to date, comprehensive information, and analysis of the recent changes to laws and regulations, and critical administrative and judicial decisions impacting key areas of federal employment law such as labor relations, employee relations, equal employment opportunity, and pay and benefits. The up-to-date information and analysis provided by cyberFEDS are required to provide staff, who practice personnel and employment law, with the subject matter knowledge needed to provide accurate and sound legal advice on thousands of labor relations and equal employment opportunity issues which are conducted throughout USCIS each year.

The IGCE for this effort is . The period of performance will consist of a base period of twelve (12) months plus two (2) twelve (12) month option periods as follows:

Base Period January 7, 2025 through January 6, 2026 Option Period 1 January 7, 2026 through January 6, 2027 Option Period 2 January 7, 2027 through January 6, 2028

Total Amount

4. Authority and supporting rationale.

This acquisition is conducted under the authority of Multiple-Award Schedule Program, 41 U.S.C.

152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies. Pursuant to FAR 8.405-6(a), the circumstance that justifies limiting sources to fewer than those required by FAR 8.405-1 and 8.405-2 is:

Limited-Sources Justification, Exceeding the SAT, cyberFEDS Justification Log Number: FY25-0008

FAR 8.405-6 (a)(1)(i)(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.

Rationale:

CyberFEDS Subscriptions provide website access to Dewey Publication library, including the latest editions of Peter Broida’s Guide to Merit Systems Protection Board Law and Practice and Earnest Hadley’s Guide to Federal Labor Relations Authority Law and Practice, and Federal Sector Equal Employment Law and Practice. These guides include discussions on cases, laws, and litigation practices before the various board and reviewing courts. Though these guides are available in print form, LRP Publications Inc., is the only source which provides up-to-date versions of these guides online. Federal employment law is a highly specialized area of practice with a significant amount of complexity and nuance. CyberFEDS Subscriptions is a database dedicated solely to the practice of federal employment law and it is an essential for federal employment law practitioners. It is an invaluable resource for USCIS.

CyberFEDS also includes Quick Start Guides (QSG). QSGs are another unique feature offered by cyberFEDS. CyberFEDS has developed a QSG for almost every topic in federal employment law, and the QSGs are regularly updated to stay current with the law. Each QSG contains an overview/summary of the law (Approximately four to ten pages) for the particular topic it addresses.

It provides key points, the current status of the law, case citations, jurisdictional requirements, proof requirements, and a variety of other types of information. It is a priceless research tool utilized by USCIS to familiarize themselves with an area of law and to quickly find statute and case citations.

The QSGs are an incredible time saver for USCIS. QSGs are particularly useful when dealing with a complex area of law. For example, Individual Right of Action (IRA) appeals, Veterans Employment Opportunities Act (VEOA) appeals, Reasonable Accommodations (RA), etc. They are also extremely useful when dealing with an obscure area of law. For example, 5 U.S.C. 300.104 Employment Practices appeals.

The lack of access to cyberFEDS Subscriptions severely impedes the ability of USCIS staff to provide accurate, thorough, and legally sufficient legal advice and guidance. In turn, this directly negatively affects the agency’s ability to successfully defend itself in litigation before the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC), arbitrators, and the Federal Labor Relations Authority (FLRA). Without the ability to consult these up-to-date guides, work productivity and efficiency would significantly decrease as valuable time would be geared towards researching the recent changes to laws and regulations.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The Contracting Officer has determined that issuing the proposed order LRP Publications, Inc. for the cyberFEDS subscriptions represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. This order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.”

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market Research supports the determination that cyberFEDS Subscriptions is the only solution that will satisfy the agency’s requirements. LRP Publications, Inc. is the only licensing company with access to cyberFEDS, and there are no other authorized resellers. LRP Publications, Inc. has a current and valid GSA MAS contract, GSA 47QTCA20D002P which includes the required cyberFEDS Subscriptions.

7. Any other facts supporting the limited-sources justification.

No additional facts that are not already presented in this document.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for the supplies or services is made.

Before any subsequent acquisition for these subscription services, USCIS would conduct market research to try finding additional sources to allow competition.

9. USCIS intends to post this requirement on SAM.gov pursuant to FAR 8.405-6(a)(2)(i).

10. Technical/Requirements Personnel Certification.

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

Date Chief, Resource Services USCIS Office of Administration

11. Contracting Officer’s Certification and Approval

Pursuant to FAR 8.405-6(c)(2)(ix) and (xi), I certify that the Limited-Sources Justification is accurate and complete to the best of my knowledge and belief, and I determine that the circumstance identified in Section 4 applies.

Kenneth Acquaviva Date Contracting Officer USCIS Office of Contracting, Operations Division