22-0954 Law360 SSJ Redacted Final FE.pdf

Form # USPTO-OP-026.v3.0 (01/2020) 1 Sole Source Justification

SOLE SOURCE JUSTIFICATION (SSJ)

41 U.S.C. 1901(e)(2)

SECTION I. COMPLETED BY THE PROGRAM OFFICE

Program Office: Scientific & Technical Information Center (STIC)

Program Office POC:

Portia Jackson

Title of Procurement: Portfolio Media Inc. Law360 Subscription – New Award Estimated Value (including options)

$1,016,302.00 Contracting Officer: Kelly Gustafson

Contracting Officer Phone:

(571) 270-7463 Acquisition Package Number:

ACQ-22-0954

1. Program Office Anticipated Type of SSJ (select from the drop-down box)

Sole Source, procurement of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only 1 source, FAR subpart 13.5.

2. Description of the Action The United States Patent and Trademark Office (USPTO), Scientific & Information Center (STIC) seeks to make a sole-source award to Portfolio Media Inc. for a subscription to Law360. This acquisition will allow the USPTO to purchase legal news and content on the Law360 Platform Plan.

USPTO intends to solicit and award a non-competitive firm fixed price (FFP) contract to include a base-year and four (4) twelve-month options years.

3. Description of the Supplies/Services The resulting contract shall include a subscription to the Law360 Platform for electronic journals and books. Platform Plus includes but is not limited to access for unlimited users to sections: Appellate, Bankruptcy, California, Class Action, Commercial Contracts, Competition, Employment, Energy, Environmental, Banking, Government Contracts, Health, Insurance, Intellectual Property, International Trade, Media & Entertainment, Mergers & Acquisitions, New York, Privacy, Product Liability, Securities, Technology, Texas, White Collar, Private Equity, Real Estate, Project Finance, Life Sciences, Public Policy, Corporate, Pennsylvania, New Jersey, Florida, Consumer Protection, Aerospace & Defense, Hospitality, Tax, Automotive, Retail & E-Commerce, Asset Management, Food & Beverage, Capital Markets, Legal Ethics, Immigration, Native American, Telecommunications, Sports, Transportation, International Arbitration, Trials, Illinois, Delaware, Medical Malpractice, Cybersecurity & Privacy and Massachusetts.

Form # USPTO-OP-026.v3.0 (01/2020) 2

The estimated total price for a new base year and four option years to the Law360 Platform is $1,016,302.00.

Period of Performance Start Date End Date Base Period April 30, 2022 April 29, 2023

Option Year 1 April 30, 2023 April 29, 2024 Option Year 2 April 30, 2024 April 29, 2025 Option Year 3 April 30, 2025 April 29, 2026 Option Year 4 April 30, 2026 April 29, 2027

This action is being executed under the procedures of FAR 13.501 (a) Sole Source Acquisitions conducted under simplified acquisition procedures, pursuant to 41 U.S.C. 1901(e)(2)

4. Unique Vendor Qualifications or Nature of the Acquisition

Portfolio Media, Inc., a LexisNexis company (Portfolio Media), is the publisher of the online legal newswire Law360.com. As such, Portfolio Media is the creator of the proprietary copyrighted content and technology contained therein. Law360 uniquely provides breaking news and legal analysis to business lawyers, government agencies, and the legal community.

The USPTO has a continual need for Law360’s real-time breaking news and legal analysis alerts.

While there are other news services (Thomson Reuters and Winvale [Online Media Monitoring Services]) the content in some instances is not real time and focuses primarily on news events and social media issues that are not pertinent to USPTO operations.

Moreover, the content provided by these other news services, Reuters and Winvale, does not contain the necessary legal expertise, analysis or opinions pertinent to users at the USPTO that interpret, apply and formulate policy and procedures that affect cognizant stakeholders.

Law360 content is copyrighted by Portfolio Media and a site license is not available from any other source. Law360 can only be purchased as its own subscription or in combination with other LexisNexis services. Law360 contains views and analysist of the publisher’s staff who have legal education, experience and background, i.e. lawyers, judges, economists and legal experts, which are necessary for USPTO users to sufficiently meet stakeholder’s goals.

5. Other Facts Supporting the Justification

Obtaining a subscription from a source other than Portfolio Media would limit USPTO’s Patent and Trademark attorneys in their ability to adequately research relevant case law. It would also increase the risk of missing important relevant legal information, which could result in having to repeat steps in the patent claim adjudication process, slowing it down and resulting in additional legal costs. Thus, using an alternate product could have serious adverse ramifications to USPTO’s Office of the General Counsel by resulting in lower productivity and efficiency, increase in unfavorable adjudications, and increase in operational and court costs.

Form # USPTO-OP-026.v3.0 (01/2020) 3

6. Listing of sources that expressed interest in writing

See contract file for details.

SECTION II. COLLABORATION BETWEEN THE PROGRAM OFFICE AND OP

7. Adjudicated Type of SSJ (select from the drop-down box) Sole Source .

8. Statutory Authority

This action is being executed under procedures of FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services, pursuant to 41USC 1901.

9. Efforts to solicit as many potential sources as possible A Special Notice will be posted to Federal Business Opportunities (FBO) at SAM.gov informing the industry of USPTO’s intent to negotiate a sole-source contract for a base year with four option years for subscriptions to Law360 Platform Plan (see para. 3 above).

10. Market Research

See file documentation for Market Survey and Market Research Memorandums.

11. Actions to remove or overcome barriers to competition Currently there are no other sources providing this online news services at the depth and breadth of Law360 for legal practice areas. The Government will continue to research industry for opportunities to increase competition.

SECTION III. COMPLETED BY OP

12. Determination by the Contracting Officer that estimated cost will be fair and reasonable

The Contracting Officer will finalize a price reasonableness determination, appropriate to the contract type, prior to contract award. Detailed documentation and justification of price reasonableness will be provided in the Acquisition Form Documentation (AFD) to be prepared upon completion of negotiations.

Form # USPTO-OP-026.v3.0 (01/2020) 4

SECTION IV. REVIEW AND APPROVAL

1. Technical Certification

By signature below, the Technical Representative certifies that the supporting data necessary to form the basis for this justification is accurate and complete to the best of their knowledge and belief. Furthermore, the Technical Representative certifies that the justification has been adjudicated by the Program Office and OP.

Andrei Adaryukov, Technical Representative Date

2. Contracting Officer’s Certification

By signature below, the Contracting Officer certifies that this justification is accurate and complete to the best of their knowledge and belief.

Kelly Gustafson, Contracting Officer Date

3. Bureau Procurement Official (BPO) Certification

By signature below, the BPO certifies that they have reviewed this justification and has determined that sufficient facts exist to support the justification.

Kristin Fuller, Acting Director, USPTO/OP Date

March 24, 2022

Form # USPTO-OP-026.v3.0 (01/2020) 5

4. Competition Advocate Certification:

Approval (required for actions valued from $700K to $13.5M)

By signature below, the Competition Advocate certifies that they have reviewed this justification and has determined that sufficient facts exist to support the justification.

Sean Mildrew, Competition Advocate Date