1-5-1_Redacted SSJ_AILALink_OCC_20230919.pdf

CISAM 3013.106-1(a)(1) Sole Source Justification (SSJ)

SSJ No: FY23-0151 Page 1 of 3 Rev: 04/01/2020

SSJ Number: FY23-0151

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S Citizenship and Immigration Services (USCIS), Office of Contracting (OCON), proposes to award a purchase order on behalf of the Office of the Chief Counsel (OCC).

2. Nature and/or description of the item/service being procured and anticipated cost.

DHS, USCIS, OCC, have prepared this justification for the procurement of annual online law research tool subscriptions, AILALink, provided by the American Immigration Lawyers Association (AILA), to accomplish their mission critical functions, as an exception to fair opportunity. The AILALink subscription includes the following:

Electronic copies of most AILA publications, including popular publications such as Kurzban's Immigration Law Sourcebook, AILA’s Immigration Law Practice and Procedure Manual: A “Cookbook” of Essential Practice Materials, Business Immigration: Law and Practice, AILA's Asylum Primer, Immigration Consequences of Criminal Activity, AILA's Toolbox series, and many more;

Up-to-date, searchable versions of the Immigration & Nationality Act (INA) and the immigration-related portions of the Code of Federal Regulations (CFR);

Selected immigration-related case law;

Memos and letters from the various immigration-related government agencies;

Selected immigration-related reports and practice advisories; and

Searchable copies of immigration-related government manuals, including the Foreign Affairs Manual, USCIS Policy Manual, Executive Office for Immigration Review (EOIR) Policy Manual, and many more.

The contents within the AILALink online subscriptions are in use by USCIS, OCC attorneys and the up-to-date information and publications found within the online subscriptions are necessary to stay current on legal issues related to immigration. The AILALink online subscriptions cannot be obtained by any other vendor.

USCIS, OCON intends to procure these AILALink online subscriptions from the following vendor:

AILA

Suite 300, 1331 G Street NW Washington, D.C. 20005-3142 Unique Entity ID (UEI): P39RZM4PKFN3

The Independent Government Cost Estimate (IGCE) for this requirement is , including all options.

The estimated Period of Performance (POP) is twenty-four (24) months, including all options:

Base POP: Twelve (12) Months [09/28/2023 – 09/27/2024] Option Period #1 POP: Twelve (12) Months [09/28/2024 – 09/27/2025] Total Potential POP: Twenty-Four (24) Months [09/28/2023 – 09/27/2025]

SSJ No: FY23-0151 Page 2 of 3

3. Identification of the authority and rationale.

The proposed procurement will utilize simplified acquisition procedures and will be awarded on a sole source basis in accordance with FAR 13.106-1(b)(1)(i) and as specified below.

Other. Only one source is capable.

Rationale:

The content found in the above subscriptions is proprietary to AILA, who is the sole owner of the AILALink database and all intellectual property rights embodied therein, including copyrights and trademarks. USCIS, OCC has been purchasing several publications annually for attorneys as essential sources to conduct mission critical work. However, AILALink subscriptions are able to provide all of the required publications in one (1) source and with up-to-date information. The subscriptions and the updates to these subscriptions are necessary for USCIS, OCC attorneys to stay current on legal issues.

Market research was conducted in the form of internet searches on strategic sites, such as GSA, as well as open market retailers. In addition, AILA confirmed that they are the sole owner and distributor of AILALink, AILA’s online immigration law research library; that the content is aggregated, copyrighted by AILA, and then published as a stand-alone subscription; that there are no authorized resellers of AILALink subscriptions; and that the AILALink database can only be accessed by purchasing a subscription from AILA. See attached letter from AILA, dated July 20, 2023, for more information. The conclusion of the market research for this acquisition is that there are no known equivalent items currently on the market that are updated continuously and share the same characteristics.

Failure to procure these exact subscriptions will result in USCIS, OCC not having the latest information on immigration law. In turn, this may result in inaccurate information being provided to other program offices and courtroom or other judicial matters decided unfavorably against USCIS, OCC. This impacts not only the USCIS mission, but also the lives of potential immigrants.

To conclude, based upon the market research, it is determined that they are the only available source for this requirement. AILA is the only available source that can provide the required subscriptions requested under USCIS PR No. .

4. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-3(a)(2).

Market Research;

Comparison of the proposed price with prices found reasonable on previous purchases;

Current price list;

Comparison with similar items in a related industry;

Comparison to Independent Government estimate;

Contracting Officer’s personal knowledge; or Other reasonable basis.

The Contracting Officer (CO) will be able to determine fair and reasonable pricing by a comparison to prices found reasonable on previous purchases; current price list; market research; and the IGCE, which was derived from market research, IAW FAR 13.106- 3(a)(2)(i), (ii), (iii), and (vi).

5. Other Information.

USCIS intends to comply with the public display and synopsis requirements in FAR 13.105(a). USCIS will post the justification as required in FAR 13.501(a) and 5.101.

SSJ No: FY23-0151 Page 3 of 3

APPROVAL:

Joshua S. Riley Contracting Officer DHS, USCIS, Office of Contracting Joshua.S.Riley@uscis.dhs.gov | (802) 872-4680

JOSHUA S

RILEY

Digitally signed by

JOSHUA S RILEY

Date: 2023.08.28 07:45:17 -04'00'