12318723F0210 LexisNexis FAR 8 Limited Sources Justification-SAM.pdf

Limited Sources Justification

United States Department of Agriculture

FAR 8.405 Federal Supply Schedules

Multiple Award Schedule Program

1. Identification of the agency and the contracting activity.

USDA/Forest Service, Procurement & Property Services (PPS), National Procurement Operations, National Contracts Branch.

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

The Government anticipates awarding a new firmed-fixed price task order against a Federal Supply

Schedule contract utilizing FY22 appropriated funding to RELX, Inc. (LexisNexis) in accordance with

GSA Schedule No. 47QREA22D0014 for on-line subscription service. Forest Service Task Order number is

12318723F0210. The proposed period of performance is one (1) Base year plus four (4) option years. The anticipated delivery date is April 3, 2023, or 1 day after receipt of order.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The proposed order is to procure a subscription on-line research service in support of multiple areas of the Agency. This research service will be used by Law Enforcement during criminal and civil investigations related to fires, illegal drug operations, damage to natural resources, theft of government property, threats or assault on USFS employees, fraud, and multimillion dollar civil tort claims and liabilities; Human Resources Management during a variety of investigations and criminal background checks; National Forest Systems related to land uses and ownership adjustments; and Chief Financial

Officer as part of billings and collections as well as pursuing civil litigation.

Contract type: Firm Fixed Price.

A base period with 4 option years is requested and estimated as follows:

Base Period: $162,180

Option Year 1: $168,672 Option Year 2: $175,416 Option Year 3: $182,424 Option Year 4: $189,732

These prices are in line with current offerings as posted with GSA Federal Supply Service. The total estimated value of the services is $878,424.

4. The authority and supporting rationale.

The statutory authority permitting limited sources for this requirement is FAR 8.405-6(a)(1)(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.

There are 144 USDA/Forest users that cannot access their LexisNexis/Accurint accounts and cannot perform their job since July 1, 2022 according to the program divisions. There are other vendors who provide legal (Westlaw/Bloomberg), news (Factiva/Proquest), investigative and public records

(Acxiom/IRB Search) research services but none can combine these areas of interest or have as

ANTONY JOHNSTON JOHNSTON

Digitally signed by ANTONY expansive a collection or the ability to link data elements. Procurement of different legal, news, investigative search systems would negatively impact system interoperability by losing its current efficiency as one provider LexisNexis/Accurint legal subscription service. The 144 USDA/FS users will need training for using the new multiple systems which would further delay performing their work. These 144 USDA/FS users have already used the LexisNexis/Accurint since 2018 and they can start performing their job responsibilities as soon as their LexisNexis/Accurint account is activated again.

5. A determination by the ordering activity Contracting Officer (CO) that the order represents the best value consistent with FAR 8.404(d).

Supplies offered on the schedule are listed at fixed prices. Services offered on the schedule are priced at a yearly firm fixed price for a subscription. GSA has already determined the rates for services offered at yearly basis, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing. By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, Forest Service negotiated significant discounts on the GSA yearly price (see 8.405-4). The acquisition is conducted under the authority of the Multiple-Award Schedule Program IAW FAR 8.405-6(c)(1).

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.

There are other vendors who provide legal (Westlaw/Bloomberg), news (Factiva/Proquest), investigative and public records (Acxiom/IRB Search) research services but none are able to combine these areas of interest or have as expansive a collection or the ability to link data elements.

7. Any other facts supporting the justification.

LexisNexis is used in multiple areas of the Agency and provides comprehensive services which enables the Forest Service to use one vendor instead of several and provides better and quicker service.

8. A statement of actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

Work closely with program offices to explore all market research options. Subsequent acquisitions will require more time to solicit offers from as many potential sources as is practicable under the circumstances.

Certifications & Approval

Supporting data that form the basis for and included in this justification are certified accurate and complete.

Brad Johnston

Management Analyst https://www.acquisition.gov/far/8.405#FAR_8_405 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/8.405-4#FAR_8_405_4

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

NICOLE GREEN Digitally signed by NICOLE GREEN

Date: 2023.03.21 12:05:10 -04'00'

Nicole Green

Contracting Officer

Additional Reviews & Approvals

Signatures are required at each threshold up to the total estimated dollar value of the acquisition

Advocate for competition for the procuring activity (if over $750,000, but not exceeding $15 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity, I hereby approve this justification.

CHANTEL A. SMITH,

Mission Area Advocate for Competition