22PEE000067 JOFOC.pdf

Template Version: September 26, 2018

EERE T 542.006: Justification for Other than Full and Open Competition (SAT)

Justification and Approval Document

OTHER THAN FULL AND OPEN COMPETITION

(Requirements ≤ $250,000)

1. EERE, Golden Field Office, Acquisition Office

2. Description of Action:

Requirement: New Repeat Pricing: Firm-Fixed Price Time & Materials Cost Funds: Program Program Direction:

3. Procurement History:

Previous Contract or Purchase Order Number: 892434-21-P-EE000045 or N/A Previously competed? N/A No Yes If No, previous authority for less than Full & Open Competition: FAR 13.106-1(b)(1)(i)

Name of Intended Contractor: West Publishing Corporation Street Address: 610 Opperman Drive City, State, Zip: Eagan, MN 55123

Phone: 585-732-1579 (Federal Client Manager)

4. Description of Supplies/Services: The estimated value of the proposed action is $35,970.24.

5. Authority Cited: FAR 13.106-1(b)(1) - For purchases not exceeding the simplified acquisition threshold (including all options), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available:

(a) Only one responsible source and no other supplies or services will satisfy agency requirements, OR

(b) Unusual and compelling urgency.

*If brand name of item is only provided by one source, complete a separate Brand Name justification.

6. Reason for Authority Cited:

To provide on-line legal research subscription services (10 Authorized Users) for one year of Westlaw Edge

(1) National Primary; (2) Analytical Plus; (3) Litigation; and (4) PeopleMap + Company Investigator.

Template Version: September 26, 2018 2

7. Actions to Increase Competition:

8. Contracting Officer Determination that the Anticipated Price to the Government will be Fair and Reasonable:

The GFO Legal Office requires a robust legal search subscription to maintain mission accomplishment. This subscription has been used for several years and a change to a lesser search subscription would take time for training and would provide less sophistication and search results. The current vendor is the only responsible source that can provide the robust and sophisticated system that we require to enhance performance and fulfill daily legal informational tasks.

Westlaw Edge, provides the most advanced citator service, the easiest way to see statutory changes, and integrated litigation analytics, all powered by state-of-the-art artificial intelligence and built upon more than 100 years of editorial enhancements.

Westlaw Edge provides access to the following exclusive features:

▪ WestSearch Plus—Find immediate answers to thousands of legal questions. Only WestSearch Plus has sophisticated typeahead functionality that produces suggested questions across thousands of legal topics.

Westlaw Edge is the only legal research solution that presents responsive text directly from relevant documents rather than simply presenting a list with highlighted search terms.

▪ KeyCite Overruling Risk—Know whether a document may no longer be good for at least one point of law based on its reliance on an overruled or otherwise invalid prior decision. Westlaw Edge is the only legal research solution that includes warnings on implicitly overruled or abrogated cases.

▪ Statutes & Regulations Compare—Quickly understand how a statute and regulation has changed over time to easily see the most recent changes and compare any two versions instantly. Users can download, print, or email the comparison. No other legal research solution provides this statutes and regulations compare functionality.

▪ Litigation Analytics—View detailed data-driven insights on judges, courts, attorneys, law firms, and case types across most practice areas to develop the best case strategy possible. Only Litigation Analytics searches across the full-text of related trial documents, to find arguments, issues, and fact patterns applicable to the case.

With Westlaw Edge, researching is more complete, accurate, and faster.

Currently Westlaw Edge is the only vendor that provides the optimum ability for the GFO Legal Team to accomplish their duties. GFO Legal and GFO Acquisitions will continue to conduct annual Market Research to review if other subscriptions can provide the robust information that we require. Until then, this will continue to be a sole source requirement.

Price analysis was used by comparing the current quote of this subscription with previous price paid for same or similar services. The quoted price, without the Company Investigator add-on, of the required subscription is an 5% increase from the current subscription. Research indicates that a 5%-7% increase in annual subscriptions is the normal rate of increase. The total purchase order amount increased XX% because of Legal has a need for an add-on subscription for Company Investigator.

Template Version: September 26, 2018 3

9. Market Research:

10. Reviews and Approvals:

SBPM:

___________________________ Date: _________ Lani Macrae

Contracting Officer:

_________________________ Date: _________ Jessica Finley

Division Director:

_________________________ Date: _________ Ric Schweitzer

A Notice of Intent to Sole Source was posted on SAM.gov on August 22, 2022, and two responses were received. A review of the Lexus Nexus and Bloomberg law capabilities/responses found that although they provided some of the subscription contents, the subscription that is provided by Westlaw consolidates all GFO Legal requirements into one robust subscription. Therefore, Westlaw is the only qualified vendor that currently satisfies agency requirement, and no other commercial service is available that meet the requirement of the Department of Energy as described above. We will continue surveying the market to find vendors that can provide these services to meet the agency’s requirements.