A6-LSJ - Redacted.pdf

Limited Source Justification Far part 8.4 – GSA/Federal Supply Schedule

1. Identification of the agency and contracting activity

Contracting activity Customer agency U.S. Department of Labor (DOL) Office of the Senior Procurement Executive

(OSPE)

200 Constitution Ave, NW Washington, DC 20210

Office of Workers’ Compensation Programs (OWCP)/Division of Administration and Operations (DAO) 200 Constitution Ave, NW Washington, DC 20210

2. Nature and description of the action being approved:

The Department of Labor, Office of the Senior Procurement Executive (OSPE), Office of Acquisition Services (OAS) contemplates awarding a fixed price GSA/FSS order on behalf of the Office of Workers’ Compensation Programs utilizing other than full and open competition.

The prospective awardee is RELX Inc., (dba Lexis Nexis) 9442 Springboro Pike, Miamisburg, OH 45342-4425 via their General Services Administration (GSA)/Federal Supply Schedule (FSS) #GS-02F-0048M. These services shall be effective for the period of April 1, 2022 through March 31, 2027.

The current contract for these services, #1605DC-17-F-00008 is scheduled to end March 31, 2022.

Continued support is required to ensure OWCP has access to the LexisNexis online legal research platform. RELX Inc. - LexisNexis is the exclusive provider of a publication that is vital to support the mission of the OWCP Longshore Program. Hence, RELX Inc. - LexisNexis is the only vendor, at this time, which can meet the requirements described in the PWS.

The period of performance is for one twelve month base period and four twelve month option periods. The services required will begin April 1, 2022 through March 31, 2023 for the base period of performance.

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

RELX Inc-Lexis Nexis shall provide OWCP with access and a flat rate subscription to the LexisNexis online legal research platform for up to 50 OWCP users. The Contractor shall ensure that the designated LexisNexis’ platform provides OWCP with access to the following LexisNexis’ content or sources:

• Federal Labor & Employment Agency & Admin Materials Assembly

• National Primary Enhanced Assembly (formerly known as Full Federal)

• Labor and Employment Law Analytical Assembly supports OWCP with data analysis, informal conferences, timely dispute resolution and prompt adjudication of claims in accordance with legislative requirements. Therefore, without a contract in place by April 1, 2022, OWCP would no longer have access to a comprehensive and viable online resource capable of providing nationwide data, case laws and legal decisions from the four major judicial entities (Benefits Review Board, Administrative Law Judges, Appellate Courts and the Supreme Court). As a result, this could cause a significant delay in the resolution of many disputes filed by Longshore Program’s claimants.

The consequences of delayed resolution, ceasing to pay or excessively delaying payment of the covered medical and pharmaceutical expenses of these statutorily entitled groups would be extremely deleterious to OWCP and the DOL. Not only would OWCP and DOL be guilty of violating several acts (the Longshore and Harbor Workers' Compensation Act, the Defense Base Act, Non-Appropriated Fund Instrumentalities Act and Outer Continental Shelf Lands Act), but this failure would also result in financial and health costs to the covered beneficiaries.

The impact of delayed or non-payment of necessary medical and/or pharmaceutical treatment would require that beneficiaries pay the costs out-of-pocket, skip treatments or that providers supply these treatments without prompt remuneration. Failing to pay providers promptly would subject the DOL to interest on the cost of treatment, which costs would grow very significantly over the course of the delay. The impact on individual beneficiaries would be much worse, with financial ruin and worsening of medical conditions, as a result.

RELX Inc. - LexisNexis has been successfully providing these services for the past five years and is fully capable of continuing to provide the Government with needed services. RELX Inc.

- LexisNexis has provided quality, expert and comprehensive information on Longshore and Harbor Workers' Compensation case laws and legal decisions for a number of years and to a variety of federal, state, local and private industries. RELX Inc. - LexisNexis is the only provider of this online proprietary publication. This makes RELX Inc. - LexisNexis the "one responsible source" for providing a comprehensive online legal research platform for OWCP.

No other vendor of which OWCP is aware, combines this information online from the four major judicial entities and provide data analysis, training, legislative information, case laws and legal decisions and comprehensive legal data with the resources and proprietary methods that LexisNexis's team provides. The services provided by RELX Inc. - LexisNexis are vital to district and national office staff performing conferences and dispute resolution and no other vendor has indicated a willingness and capability to perform these services.

The General Services Administration Contracting Officer has previously determined the prices proposed under GS-02F-0048M to be fair and reasonable. However, additional discounts may be available. Per the RELX Inc.’s FSS Pricing List, “Customers can expect to see discounts based upon the quantity of user credentials purchased”; up to 45% discount for 50 users. Hence, the DOL Contracting Officer will seek any applicable additional discounts.

Reference RELX Inc.’s FSS Pricing List attached.

6. A description of market research conducted and the results or a statement of the reason market research was not conducted:

Market Research results support the award of a new sole source fixed price (fp) order to RELX Inc. via their GSA/FSS GS-02F-0048M in accordance with 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.”

Methods utilized to conduct market research included:

• Contacted knowledgeable individuals in the Government and industry regarding market capabilities to meet requirement

• Queried Government, Business, Search engines, etc., that may provide information relative

• Searched GSA/FSS (GSA Advantage)

• Reviewed catalogs and other generally available product literature published by manufacturers, distributors, dealers, etc.

• Searched SAM.gov

• Searched previous organizational purchases of similar/identical acquisitions

Per the results of market research, the Government does not anticipate receiving responses from two or more schedule holders or small businesses because the services required are for an online research platform which is proprietary to RELX Inc. - LexisNexis, the incumbent.

During the previous years, the Government publicized the re-compete of these services through e-buy and the Government received no interest from small businesses. All previous acquisitions for these services were awarded to RELX Inc. - LexisNexis using other than full and open competition procedures in accordance with FAR 8.405-6.

7. Any other facts supporting the justification:

N/A – Please reference aforementioned

8. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services is made:

The Government will continue to solicit these services via GSA and in the event there is interest from any small businesses, all potential small businesses that express an interest, in writing, will be afforded an opportunity to submit a proposal.

9. Technical certification:

The program/technical official fmther certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.

I hereby certify that the supporting data, which are the responsibility of the technical personnel, and which f01ms a basis for this justification, is complete and accurate.

TANIA IRIZARRY

Digitally signed byTANIA

IRIZARRY MARRERO

MARRERO

Date: 2022.03.30 13:36:58 -04'00' 3/30/2022

Tania Irizarry-Marrero Date Program Analyst- COR

Office of Workers' Compensation Programs (OWCP) Division of Administration and Operations (DAO) Branch of Administrative Operations and Communications (BAOC)

Contracting officer's certification:

I certify this justification is accurate and complete to the best of my knowledge and Belief.

03/30/2022

Jubner Severe Date