Lexis_Nexis_-_J&A_-_Final.pdf

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JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

(FOR OPEN MARKET PROCUREMENTS ABOVE SAT)

Contracting Organization: Pension Benefit Guaranty Corporation (PBGC) / Procurement Department (PD)

Requisition Number:

Procurement Action Type: Follow-on Contract

Contract Number:

Contractor Name or Brand Name Product: Lexis Advance (RELX)

Supplies or services to be procured:

LexisAdvance legal research database, to include Matthew Bender treatise material as add-on. Base year plus four option years. Each performance year will require a base of 50 seats, plus optional CLINs for an additional 10, 20, 30, 40 or 50 seats in the event of a surge.

Supplies: Quantity and estimated value of each item to be procured: OR Services: Period of performance and estimated value of each service to be procured:

Total Estimated Value:

Only one responsible source and no other supplies or services will satisfy agency requirements (41 USC §

3304(a)(1), as implemented by FAR 6.302.1).

Expert Services (41 USC § 3304(a)(3) or 41 USC § 1901, as implemented by FAR 6.302-3).

a. Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements:

PBGC requires access to a comphrehensive web-based legal resarch platform which will include cases, laws, regualtions, law reviews, news, a citator service, and a wide variety of seconday sources, to include Matthew Bender treatises. In particualr, PBGC attorneys need online access to the Matthew Bender treatises listed below, searchable independently and as part of a larger search in a web-based legal research library of related materials. RELX owns the licensing to the Matthew Bender products and does not re-distribute or re-sell them in any other web-based service or delivery method (other than print). Therefore, PBGC should enter into a follow-on contract with RELX to provide a comprehensive online legal research platform, to include Matthew Bender licensed content.

Benders Federal Practice Forms

1. AGENCY AND CONTRACTING ACTIVITY

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

3. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEED

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION

5. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE

ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

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Collier Bankruptcy Practice Administrative Law Law of Associations Moore’s Federal Practice and Procedure Law of Letters of Credit Law of Secured Transactions Corbin on Contracts Moore’s Federal Practice Weinstein’s Federal Evidence Collier on Bankruptcy Practice, 16th edn.

b. Expert Services:

N/A

Market research was conducted by the Library Manager and it was determined that althogh there are other legal research platforms available in the marketplace (PBGC has contracts for WestlawNext and Bloomberg Law), non can provide access to Matthew Bender content.

The PBGC Library Manager will monitor the marketplace for legal research platforms, in particular for any re-distribution or availability of Matthew Bender content outside the Lexis Advance platform.

A determination that the cost/price is fair and reasonable shall be made before the contract action is issued. Actions to be taken:

The following methodology was used:

a. Perform web searches for articles surveying the marketplace for legal research platforms, and further investigate each identified source.

b. Review product literature from online legal research vendors (WestlawNext, Bloomberg Law, Fastcase, and any others identified in web-based research) to see if they offer the required Matthew Bender content.

c. d. Verify with Lexis representative (RELX) that Matthew Bender materials are exclusively available through the LexisAdvance platform.

Market research was conducted by the Library Manager and it was determined that althogh there are other legal research platforms available in the marketplace (PBGC has contracts for WestlawNext and Bloomberg Law), non can provide access to Matthew Bender content.

None

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT

OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

9. OTHER FACTS SUPPORTING THE USE OF SOLE SOURCE

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION

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The Library Manager will monitor and survey the marketplace for legal research platforms to see if the required Matthew Bender content becomes available through another platform.

I hereby certify that this Justification, and all supporting data, are accurate and complete to the best of my knowledge and belief.

Program Office/COR

Date Signature Date

I hereby certify that this Justification, and all supporting data, are accurate and complete to the best of my knowledge and belief.

I have reviewed this Justification, and all supporting data, and find it to be accurate and complete to the best of my knowledge and belief.

I approve this Justification for OTFAOC.

Enter Name Senior Procurement Executive

11. STATEMENT OF THE ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE MAKING ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES REQUIRED

12. TECHNICAL OR REQUIREMENTS PERSONNEL’S CERTIFICATION

13. CONTRACTING OFFICER’S REVIEW OR APPROVAL

14. COMPETITION ADVOCATE’S REVIEW OR APPROVAL

15. SENIOR PROCUREMENT EXECUTIVE’S APPROVAL (For Justifications that exceed $13.5M)

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Date Signature Date