BNA_FY17_JOFOC_Redacted.pdf

NATIONAL LABOR RELATIONS BOARD

Justification and Approval for Other than Full and Open Competition

Upon the basis of the following justification, I, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C.

2304(c)(1) or 41 U.S.C. 3304(a)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

(1) Identification of the agency and the contracting activity.

Requesting Agency:

National Labor Relations Board Office of the Chief Information Officer Library 1015 Half Street, SE Washington, DC 20570

Contracting Activity:

National Labor Relations Board Office of the Chief Financial Officer Acquisition Management Branch 1015 Half Street, SE Washington, DC 20570

(2) Nature and/or description of the action being approved.

This action is for the NLRB Acquisition Management Branch to award a sole-source contract to The Bureau of National Affairs, Inc. (BNA) for a subscription renewal. This contract will be awarded to BNA in its capacity as a leading publisher of print and electronic news and information, reporting on developments in labor relations, law, and economics.

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

This requirement is for an enterprise web-based subscription to the BNA Daily Labor Report and Labor Employment Law Resource Center. The NLRB also requires one print copy of the Daily Labor Report. The Daily Labor Report subscription provides detailed reporting on the day's employment-related developments nationwide. The Report includes coverage of Congress, the courts, the Department of Labor, NLRB, EEOC and other government agencies, state actions, union organizing, and more. It also includes economic news, labor statistics, international-labor trends, and key developments. The Labor Employment Law Resource Center subscription provides the latest news and analysis on Labor Arbitration, Fair Employment Practices, Individual Employment Rights, Americans with Disabilities Act Cases, Collective Bargaining, Wages and Hours Cases, a EEO Compliance Manual, and Practice Tools. The subscription allows 24/7 access to the Daily Labor Report and Labor Employment Law Resource Center for all agency staff.

(4) An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition for this effort is 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

BNA is uniquely qualified to provide the subscription services because they are the sole provider and copyright holder of the Daily Labor Report and Labor Employment Law Resource Center.

Selecting a publisher or distributor other than BNA would not be possible at this time. BNA is the publisher and the only source that can deliver the electronic and print subscriptions required by the NLRB. At this time, BNA has not released the rights for the electronic submission or its resources to any other publisher or distributor.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

In accordance with FAR 5.201, a notice of the Government's intent to issue a sole source contract to BNA was posted to FedBizOpps on September 27, 2016. The Government did not receive any response or challenge from industry to this notice by the due date. Further, in accordance with FAR 6.305, the approved justification will be made publicly available on FedBizOpps within 14 days after contract award.

(7) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will ensure that the final negotiated price for the contract is fair and reasonable by using price analysis techniques found in FAR 15.404, to include a comparison with the respective Independent Government Estimate(s) and historical information.

(8) A description of the market research conducted and the results or a statement of the reason market research was not conducted.

Although BNA is the sole publisher of the required subscription, market research was conducted.

A search in various legal resources, business databases, and relevant web sites was conducted.

BNA is the copyright holder of the Daily Labor Report and Labor Employment Law Resource

Center classification system used for organizing and searching Board decisions in electronic format.

Additionally, as previously mentioned, a notice of the Government's intent to issue a Purchase Order on a sole source basis to BNA was posted to FedBizOpps in order to gage commercial industry capabilities in this requirement. The Government encouraged industry to briefly identify their capabilities with respect to this requirement but did not receive any response or challenge from industry by the specified due date

(9) Any other facts supporting the use of other than full and open competition.

None.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None.

(11) 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 supplies or services required.

The duration of this contract has been limited to the maximum extent practicable. The Government will more frequently review its requirement and continue to survey the marketplace to identify potential sources that can perform this requirement if it is ever determined that BNA is not the sole publisher of the required subscription services.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION: I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

__________________________________________ DATE: 09/27/2016

ANDREW MARTIN

OCIO Librarian

CONTRACTING OFFICER CERTIFICATION: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this Justification for other than full and open competition does not exceed $700,000.00, this review serves as approval.

__________________________________________ DATE: 09/27/2016

JULIE F. YARBROUGH

Contracting Officer

Andrew Gordon Martin

Digitally signed by Andrew Gordon Martin DN: cn=Andrew Gordon Martin, o=National Labor Relations Board, ou=Chief Librarian, email=andrew.martin@nlrb.gov, c=US Date: 2016.09.29 14:44:54 -04'00'

Julie F. Yarbrough Digitally signed by JULIE YARBROUGH DN: c=US, o=U.S. Government, ou=National Labor Relations Board, cn=JULIE

YARBROUGH,

0.9.2342.19200300.100.1.1=63001001103622