B. Sole Source Justification (SSJ)-Signed.pdf

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Online Legal Research Library Services
Solicitation number
89603023P0008
Issued by

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This justification document approves a sole-source contract with Thomson Reuters for one year of continued access to their Westlaw Edge online legal research platform and Westlaw Drafting Assistant software. The Federal Energy Regulatory Commission requires access to an online legal research library comparable to Westlaw Edge for up to 1,000 users, including searchable access to the Wolters Kluwer CCH catalogue of FERC Orders and Opinions. The one-year sole-source contract, awarded on February 27, 2023 under solicitation number 89603023P0008 for an undisclosed amount, will allow time to revise the requirement and conduct a new open market competition. The agency will research alternative providers every five years.

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JUSTIFICATION FOR

OTHER THAN FULL & OPEN COMPETITION

CUI//PROCURE

89603023O0008 dated 02/28/2023

PROJECT NAME: Online Legal Research Library Services

The following Justification for Other than Full & Open Competition is prepared in accordance with FAR Subpart 6.303-3.

1. ORGANIZATION:

Federal Energy Regulatory Commission Office of the Executive Director 888 1st Street, NE Washington, DC 20426

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

A one-year sole-source contract with Thomson Reuters for continuation of Westlaw while the requirement is revised re-issued as a new Open Market Solicitation. The procedures in FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services.

3. DESCRIPTION OF REQUIREMENT:

The Federal Energy Regulatory Commission (FERC) is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil.

The Office of the Secretary (OSEC) currently has access to Thomson Reuters’s West Publishing Corporation’s Westlaw Edge (Westlaw Edge) platform for up to 1,000 users across FERC and to Thomson Reuters’s West Publishing Corporation’s Westlaw Drafting Assistant (Drafting Assistant) software for eight users within the Office of Enforcement (OE). OSEC’s current subscription to Westlaw Edge provides users with unlimited simultaneous access to their online legal research library which contains a variety of databases and services. FERC requires continued access to an Online Legal Research platform that is comparable to the brand name or equal services to Thompson Reuters’ Westlaw Edge.

The features found on Westlaw Edge, also provides users access to the database Wolters Kluwer’s CCH (CCH) catalogue of FERC Orders and Opinions and FERC Stats. & Regs. This database is accessible through the Secondary Sources database available on Westlaw Edge. Access to CCH database. is an essential requirement.

The objective of this requirement is to purchase online legal research services with the ability to perform comprehensive legal research quickly and efficiently. Access to this type of legal library and platform is an essential research tool for many FERC employees in their day-to-day tasks, This online legal research service and library should provide access for up to 1000 users with unlimited simultaneous usage. It should contain a variety of databases, including Wolters Kluwer’s CCH catalogue of FERC Orders and Opinions and FERC Stats. & Regs. This information should be easily searchable, well organized, curated, and frequently updated.

4. STATUTORY AUTHORITY:

The statutory authority permitting other than full and open competition is FAR Subpart 13.106-1(b)(2).

5. SOURCES SOUGHT EFFORTS:

JUSTIFICATION FOR

OTHER THAN FULL & OPEN COMPETITION

CUI//PROCURE

Solicitation 89603023Q0002 was issued under FEDLINK to LexisNexis & Thomson Reuters the only firms found to offer products that meet the requirements and are widely used in the Legal industry. During the evaluation, it became clear that the requirement needed to be revised and that to be able to evaluate all the products available from the offerors that the solicitation would have to be open market. During this one-year contract a new solicitation for this requirement will be issued and award made after full and open competition.

6. DETERMINATION OF FAIR & REASONABLE PRICING:

The quote came in at $464,184.00 lower than the IGE.

7. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SERVICES REQUIRED:

Every five years market research will be conducted to determine if other products that meet the requirements are available from offerors other than LexisNexis and Thomson Reuters. Competitive solicitations will then be issued.

8. CERTIFICATIONS & APPROVALS: (Signatures are required)

Technical & Requirements Certification:

I certify that the supporting data under my cognizance that are included in this document are accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

2023-02-27T14:33:36-0500
RYAN KIRKWOOD

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