B-44201 Legal Publications Sole Source Justification Form SIGNED SPO SIGNED.pdf

Sole Source Justification Form

Version 7.01 Page 1 of 5

Bulletin Reference Number 25-426DOC-CENTO-B-44201

Requesting Agency/University Illinois Department of Corrections

Sole Source Justification Form - Part I Section I - General Information

Department/Bureau/Section: Illinois Department of Corrections/Office of Adult Education and Vocational Services

Need Identified Date: Jul 1, 2024 Supply/Service Need By Date: Sep 1, 2024

Project Title: IDOC Legal Publications for Individuals in Custody

Vendor: WEST PUBLISHING CORPORATION

Provide a description of the supplies or services required: Updating existing legal publications in Illinois Department of Corrections law libraries

Value: Not to Exceed Value of Initial Term, this Change Order or Amendment: 16,717,812

Will this Sole Source amend a Professional or Artistic Services contract? Yes No

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Type: New Sole Economically Feasible Source

Section II - Proposed Term

One-Time Purchase Term Contract

Estimated Contract Begin Date: Sep 1, 2024

Estimated Contract End Date: Aug 31, 2029

Number of Potential Renewals: 0

Length of Each Renewal in Months: 0

Total Value of All Renewals: 0

If a Term Contract, does the term, including renewals, exceed 12 months? Yes No

If yes, provide a detailed justification including any economic benefit received for agreeing to a multi-year term:

West Publishing offered IDOC/Office of Adult Education & Vocational Services a savings to go with a 5 year term opposed to a 1 or 3 year term. Average annual cost for: 1 year term:$9,924,207.00 (would require 3 separate contracts as single year contracts are generally unavailable); 3 year term: $3,537,464.00; 5 year term: $3,343,560.00. Media neutral options are currently the only offering by the vendor.

Section III - Funding Source Select the type of funding to be used (Check all that apply): State Appropriate Funds Federal Funds Other (Explain):

Section IV - Sole Source Justification

This purchase is economically only available from a single source primarily because it is: (If "Other" explain in one sentence)

Copyright protected proprietary material updates of legal publications

Are there secondary justification(s) for this sole source? Yes No

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Bulletin Reference Number 25-426DOC-CENTO-B-44201

Requesting Agency/University Illinois Department of Corrections

Section V - Purchase History

Has the Agency or University Purchased these supplies or services in the past? Yes No

Term Term From Term To Value Description Contract Number Type

1 Jan 1, 2022 Dec 31, 2024 7,901,592 SOLE SOURCE - IDOC Legal Publications for Individuals in Custody P-32573 Sole Source

2 Jan 1, 2019 Dec 31, 2021 7,519,548 SOLE SOURCE - IDOC Legal Publications for Individuals in Custody 0419006 Sole Source

3 Dec 1, 2015 Nov 30, 2018 5,858,760 Sole Source

4 Dec 1, 2014 Nov 30, 2015 1,884,232 Sole Source

5 Dec 1, 2013 Nov 30, 2014 1,581,973 Sole Source

6 Dec 1, 2012 Nov 30, 2013 1,501,904 Sole Source

7 Dec 1, 2011 Nov 30, 2012 1,559,347 Sole Source

8 Nov 1, 2010 Nov 30, 2011 1,920,352 Sole Source

9 Jul 1, 2010 Oct 31, 2010 334,632 Sole Source

10 Jul 1, 2009 Jun 30, 2010 1,180,395 Sole Source

If more than 10, or if other comments, explain:

Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

The Illinois Department of Corrections is required by federal statutes and the U.S. Constitution to provide individuals in custody with access to the courts. IDOC is procuring a five-year sole source to provide individuals in custody access to the federal and state courts and corresponding legal publications. This is accomplished by maintaining collections of law book series and kiosks with legal databases at each facility's law library. The new contract seeks to combine all existing West Publishing proprietary material into a single media neutral contract for all formats. The current contract for electronic, online materials expires on 8.31/24 and for print material on 12/31/24.

2. Provide a list and describe in detail the specifications required to satisfy the need:

Each IDOC facility houses a law library with an original core law book collection and kiosk(s) with legal databases. The books are periodically updated. Law book collections and publications are kept updated with a current subscription. The legal collection updates are shipped to facilities every month.

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

Illinois Department of Corrections facility's formerly used donated law book series, when available, to start collections. By federal statutes and the U.S. Constitution, the access to federal and state courts require most current legal documents to be available for individuals in custody. Due to copyright/proprietary nature of those legal documents, they can only be kept current with updated/ supplemented material from the publisher.

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

The Keynumber system is an indexing system created by West Publishing and proprietary. All West products are using "Keynumbers" immediately after the text of the law to help non-lawyer readers find similar cases for reference. This tool is essential to assist individuals in custody.

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Bulletin Reference Number 25-426DOC-CENTO-B-44201

Requesting Agency/University Illinois Department of Corrections

5. Has the Agency or University considered alternative supplies or services to satisfy their need? Yes No

5a. If yes, name the alternative vendors whose supplies or services were evaluated:

Lexis/Nexis Matthew Bender

5b. If yes, what were the alternatives for each vendor and why were they unacceptable? Be specific with regard to features, characteristics, requirements, capabilities and compatibility:

This contract is for updating facility books already on the shelves with the "Keynumbers". The keynumber system setup is proprietary to West Publishing. The huge book sets (100's of volumes in each series) would need to be purchased so the material IDOC is adding to it would refer to the core collection. IDOC is purchasing subscriptions. Some facilities have some Lexis/Nexis Matthew Bender law book series and those are being updated with Lexis/Matthew Bender products. Those facilities will continue utilizing Lexis proprietary materials.

5c. Explain how the market evaluation was conducted?

*This evaluation is to determine available options within a market. If the evaluation is to determine quality or best suited option, this is not the appropriate source selection. Under no circumstances shall the evaluation consist of testing alternative options. These activities must be conducted in a competitive transparent environment (i.e. IFB or RFP).

In 2012 the Department issued an RFP that included a component covering electronic legal research capability. Through the Video Visitation project libraries received legal kiosks - 1 or 2 per law library - and those are operational but will not provide the many individuals in custody with legal research needs appropriate level of access to the courts mandated by federal statutes and the U.S.

Constitution.

6. Are there resellers or distributors?

Yes No N/A

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

Law book series prices with updates and available electronic resources were discussed with Thomson/Reuters Government Account Executive of Illinois. The current model will combine all existing West Publishing proprietary material into a single media neutral contract for all formats. West Publishing submitted to IDOC different term and associated price options. The selected option is the best and most economically feasible currently available (as outlined above). The current print material contract which expires on 12/31/24 will be terminated upon execution of the new contract.

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

Yes No

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

In the case the sole source is not approved the Department may be faced with law suits from individuals in custody quoting violation of the U.S. Constitution due to the denial of access to Federal and State courts.

10. Is there any additional information you would like to add to justify this sole source?

No.

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Bulletin Reference Number 25-426DOC-CENTO-B-44201

Requesting Agency/University Illinois Department of Corrections

Section VII

Requesting Department Representative

Requesting Department Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

Date Aug 2, 2024

Printed Name Sandy E. Robinson II E-mail Address Sandy.E.Robinson@illinois.gov

Phone Number 217-558-2200 x-4108

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed)

E-mail Address Sandy.E.Robinson@illinois.gov

Phone Number 217-558-2200 x-4108 Date Aug 13, 2024

Printed Name Sandy E. Robinson II

Agency Bureau/Division Head or University Purchasing Director and Not a Designee

SPO Approval and Signature Required

I have reviewed and understand the contents of this Sole Source Justification and agree with the State Agency or University determination.

I have reviewed and understand the contents of this Sole Source Justification and do not agree with the State Agency or University determination. As a result, the State Agency or University must explore other sourcing methods to satisfy their need.

State Purchasing Officer Signature Phone Number 217-685-0568 Date Aug 13, 2024

Printed Name Jennifer Allen E-mail Address jennifer.allen@illinois.gov

Version 7.01 Page 5 of 5

Bulletin Reference Number 25-426DOC-CENTO-B-44201

Requesting Agency/University Illinois Department of Corrections

Sole Source Justification Form - Part II Section I - General Information

Project Title

Vendor

Initial Date of Procurement Bulletin Posting

Was a Sole Source hearing held per 30 ILCS 500/20-25?

Yes - Complete Section II and III below (Section II will only be visible when this option is selected)

No - Section II not required, go to Section III below Section III - CPO Approval and Signature Required

Based on my review, I authorize the Agency/University to proceed in accordance with the published Notice referenced above.

Based upon my review, I authorize the Agency/University to proceed with the following Changes.

Based on my review, the Agency/University is not authorized to proceed with this sole source as presented and my recommendation is that it be cancelled.

Other

CPO Signature CPO Phone

Printed Name Date

CPO E-mail

Version 7.01 Page of Sole Source Justification Form - Part I Section I - General Information Will this Sole Source amend a Professional or Artistic Services contract?

If yes, what was the original contract value?

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Section II - Proposed Term If a Term Contract, does the term, including renewals, exceed 12 months?

If yes, provide a detailed justification including any economic benefit received for agreeing to a multi-year term:

Section III - Funding Source Select the type of funding to be used (Check all that apply):

Section IV - Sole Source Justification Are there secondary justification(s) for this sole source?

Section V - Purchase History Has the Agency or University Purchased these supplies or services in the past?

Term Term From Term To Value Description Contract Number Type Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

2. Provide a list and describe in detail the specifications required to satisfy the need:

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

5. Has the Agency or University considered alternative supplies or services to satisfy their need?

5a. If yes, name the alternative vendors whose supplies or services were evaluated:

5b. If yes, what were the alternatives for each vendor and why were they unacceptable? Be specific with regard to features, characteristics, requirements, capabilities and compatibility:

5c. Explain how the market evaluation was conducted?

*This evaluation is to determine available options within a market. If the evaluation is to determine quality or best suited option, this is not the appropriate source selection. Under no circumstances shall the evaluation consist of testing alternative options. These activities must be conducted in a competitive transparent environment (i.e. IFB or RFP).

5a. If no, why weren't alternatives evaluated?

6. Are there resellers or distributors?

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

8a. If yes, please provide details regarding future obligations and/or needs:

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

10. Is there any additional information you would like to add to justify this sole source?

Section VII Requesting Department Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed) SPO Approval and Signature Required Sole Source Justification Form - Part II Section I - General Information Was a Sole Source hearing held per 30 ILCS 500/20-25?

Section II - Sole Source Hearing Details The State posted to the Illinois Procurement Bulletin a description of the State's need, the justification for the sole source decision, and information regarding the opportunity to submit comments and testify at a public hearing. Notice of the hearing was also posted outside of the hearing room 48 hours prior to the hearing.

The public hearing was conducted for the purpose of receiving testimony regarding the sole source determination. The Hearing Officer recommends the following:

The following relevant documents are attached:

Section III - CPO Approval and Signature Required 9.0.0.2.20101008.1.734229