EXECUTED LSJ - FAR Part 8.405-6a Urgency Only One Source_POST.pdf

Limited Source Justification

MEMORANDUM TO THE FILE

Subj: LIMITED SOURCE JUSTIFICATION, IN ACCORDANCE WITH (IAW) FAR

SUBSECTION 8.405-6, LIMITING SOURCES

I. BACKGROUND:

1. FAR Subsection 8.405-6(a)(1), states for purchases in excess of the micro-purchase limit and not exceeding the simplified acquisition threshold, an ordering activity must justify its action when restricting consideration, as otherwise required under AR Subsections 8.405-1, 8.405-2 or 8.405-3.

2. IAW FAR Subsection 8.405-6(a)(1)(A), (B) or (C), this memorandum explains the absence of consideration of all otherwise eligible FSS holders for this acquisition, as only one source will be solicited for this requirement and requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

ASN RD&A-N48142 is looking to procure on-line legal research subscriptions through existing Department of Navy (DON) Blanket Purchase Agreements (BPA) exclusively with the NAVSUP Fleet Logistics Center Norfolk – Mechanicsburg Detachment, Contracting Office, Mechanicsburg, PA. This is a mandatory source of supply for online legal research subscription supplies. It allows the DON’s Office of the General Counsel’s (OGC) requirement for online legal research subscriptions for any of the legal offices/professionals in the Department of Navy. The award was for a multiple- vendor BPA wherein one of the contractor’s is LexisNexis (BPA expires 5/31/2024) and the other is West Publishing Corporation (BPA expires 5/31/2024).

There are a variety of software products included in each of the contract’s packages that are part of this agreement and has an extended cost of:

A. LexisNexis:

a. GOV22/WGOV22 – a comprehensive database of all primary and secondary legal, news, business, financial, medical, public records, and standard exclusionary package;

b. RK00SL/SPR000 – Smartlinx, a powerful feature of the LexisNexis service that quickly and accurately locates and associates links between people, businesses, and locations;

c. Summer Law Clerks;

d. Accurint for Government (Optional Add-on) – Public Records and commercially available data relating to Names, Phone Numbers, Addresses, Assets, Criminal Records, Professional Licenses, Real Property Records, etc.;

e. PatentOptimizer (Optional Add-on) – Patent tool is software and therefore an approved ITPR and ATO are required before buying and installing it;

f. TotalPatent (Optional Add-on) – Patent search, retrieval and workflow tool; and

g. Courtlink (Optional Add-on) – Access to Federal & State court records including dockets, claims, judgments, sentences and charges from civil criminal and bankruptcy cases.

B. West Publishing Corporation:

a. The minimum requirements of the subscriptions for comprehensive online legal research are stated in BPA #N0018919AQ001;

b. Package #1 – Comprehensive Core which includes National Primary, Analytical Plus, Briefs, Trial Court Orders, National Public Records, EU/UK Library;

c. Package #2 – Intermediate Core which includes National Primary, and Analytical Plus;

d. Package #3 – Compact Core which includes National Primary, Personnel Federal Library, and Government Contracts Counselor Library;

e. Summer Law Clerks;

f. Litigation Collection with Westlaw Edge (Optional Add-on and Open

Market Content);

g. Litigation Collection (Optional Add-on);

h. PeopleMap Premier and Company Investigator (Optional Add-on);

i. Drafting Assistant (Optional Add-on); and

j. Legal Know-How (Optional Add-on).

Westlaw is the only provider that includes annual Department of Defense Appropriation and Authorization Acts and applicable U.S. Codes necessary for the RD&A legal counsel requirements for research and analysis on a wide range of acquisition and procurement law and litigation. LexisNexis does not provide the necessary Department of Defense access specific to research, development and acquisition for the Navy and Department of Defense.

The required date for these subscriptions are March 1, 2021 to May 31, 2021; Year 1 – June 1, 2021 to May 31, 2022; Year 2 – June 1, 2022 to May 31, 2023; and Year 3 – June 1, 2023 to May 31, 2024.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

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.

The Thomson/West Group is the only source for a legislative history databases that includes Titles 10 and 22 of the U.S. Code, as well as the annual Department of Defense and Department of State Appropriation and Authorizations Acts. No other legal database service provider has a legislative history database that meets NAVY IPO Office of Counsel’s requirements. This database is vital to the Navy IPO Office of Counsel’s ability to conduct searches and prepare thorough point papers and analyses. This request is for the purchase of “WestLaw Comprehensive Core Package #1”.

Title 10 of the U.S. Code outlines the role of the armed forces and provides the legal for the roles, missions, and organization of each of the services as well as the DoD and DoS.

Title 22 of the U.S. Code outlines the role of foreign relations and intercourse. Navy IPO Office of Counsel requires access to this legislative matter to help ensure Navy IPO manages and implements International Security assistance programs, Cooperative Development programs, and Technology Security Policy.

The Department of Navy (DON), Office of the General Counsel (OGC) has an existing and ongoing need for the acquisition of comprehensive online legal research (OLR) subscriptions. Therefore, two strategically sourced OLR subscriptions Blanket Purchase Agreements (BPAs) were established. These BPAs not only benefit the Naval Supply Systems Command (NAVSUP) enterprise and DON OGC, but also the Department of the Navy.

Furthermore, the Westlaw product is unique to West Publishing Corporation and is copyrighted and trademarked as such.

IV. MISSION IMPACT.

Without a one stop access to Westlaw for RD&A legal staff, ongoing research and analysis for legal review and opinions on a multitude of procurement and acquisition issues would be delayed, and additional costs would be incurred to find alternative means of research and analysis.

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date