24-0578 Westlaw SSJ Final 27Mar24 FE Redacted 22Apr24.pdf

Form USPTO-OP-026.v5.0 (11/2023)

TITLES/DATABASES WESTLAW LEXISNEXIS BLOOMBERG

LAW

Black’s Law Dictionary

YES NO NO

Corpus Juris Secondum

YES NO NO

McCarthy on Trademarks

YES NO NO

Uniform Laws Annotated

YES NO NO

Wright & Miller Federal Practice and Procedure

YES NO NO

Case Law: Online access to National Reporter System

YES NO NO

Complete Restatements of the Law

YES NO NO

4. Other Facts Supporting the Justification

There is no known other solution that provides these epublications. Acquiring other publications would result in knowledge gaps for Patent and Trademark Attorneys.

5. Listing of sources that expressed interest

A Sources Sought notice was posted to SAM.gov on Feb. 27, 2024 with a Mar. 4, 2024 response date but only West Publishing responded.

An on-site demonstration was performed by Bloomberg Law proving that they cover the same legal areas, with the exclusion of exclusive content, features and services described in the table in section 3 of this justification. Although Bloomberg covers some similar content, only Westlaw provides the specific publications listed above. In addition, USPTO has a contract with Bloomberg to provide other legal publications specific to Bloomberg.

SECTION II. COLLABORATION BETWEEN THE PROGRAM OFFICE AND OP

6. Adjudicated Type of SSJ: PTAG 6.1.1 Sole Source (Sole source procurement using PTAG 6.1.1 Alternate Competition Method and 35 U.S.C. 2(b)(4)(A) (Patent and Trademark Office Efficiency Act))

7. Statutory Authority

This action is being executed for Sole Source used in accordance with the procedures in FAR subpart 13.5, used in accordance with the authority of PTAG 6.1.1.

There’s a reasonable expectation that no other company can perform the work or provide the required supply. [Sole Source]

Form USPTO-OP-026.v5.0 (11/2023)

8. Efforts to solicit as many potential sources as possible

Renewal notices and market research quotes were received from Westlaw which is the incumbent.

Although Bloomberg and Lexis Nexis provide similar content, each provides different journals, which are required to give Patent & Trademark attorneys a full picture of laws concerning patents and trademarks. The USPTO has contracts with all three companies to provide legal content. The Government's minimum needs for requirements listed under this SSJ are met only by West Publishing Corporation.

9. Market Research

A market survey was completed by the program office which revealed that Westlaw full content and database access is only available from West Publishing Corporation. Westlaw is available via three methods: GSA Schedule, FEDLINK Schedule, and directly from the manufacturer. GSA is a required source of supply per FAR 8.004(a)(1) and 8.401. However, only about half of the publications needed are available on the Federal Supply Schedule.

OP published a sources sought on SAM.gov Feb 27-Mar 4, 2024, but only West Publishing responded.

Bloomberg and Lexis Nexis offer similar material, but each offers proprietary publications that are needed by Patents & Trademarks attorneys to fulfill their mission of determining the validity of patent and trademark applications.

Based on the lack of response to the OP RFI and Market Research performed by the Program Office, USPTO OP intends to issue a sole-source award to West Publishing.

10. Actions to remove or overcome barriers to competition

Legal research services are a niche market wherein vendors hold selective proprietary content and databases that are not sold or shared in the market place with resellers. However, market research will continue to look for alternatives.

SECTION III. COMPLETED BY OP

11. 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.