FY25 JEFO Exceeding SAT PR 20146259 LexisPlus_Rev4_co___Redacted.pdf

Attachment 6 U.S. Customs and Border Protection

Justification for Exception to Fair Opportunity (JEFO) – FAR 16.505(a)(4) Exceeding the SAT

Version 2.0 November 2020

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

The exception to fair opportunity that applies is found at FAR 16.505(a)(4), which applies when restricting consideration to an item peculiar to one manufacturer. None of the exceptions at FAR 16.505(b)(2) applies, but this justification adheres to the format and requirements applicable to those exceptions and is modified to show the brand-name justification.

Rationale:

LexisNexis is the only vendor who can provide an all-inclusive and proprietary content with a customized platform in real-time that supports the unique and specific needs of CBP’s law enforcement, legal, and business functions. This service is essential for conducting a broad range of research and criminal investigations related to border security, immigration, imports, counterterrorism, cybersecurity, and other relevant subject areas related to daily CBP operations.

In depth Market research was concluded in the last 12 months and found that at this time the products Matthew Bender Publications, Lexis+, LexisNexis CourtLink, Lexis Dossier, and CLE on-demand provided by LexisNexis are required to satisfy the Government’s requirement as the sole source provider.

Additionally, LexisNexis is the exclusive provider of Matthew Bender Titles, which are authoritative sources of legal information, practice guides, and treatises covering all major subject areas, including titles specific to banking law, financial regulations, administrative law, and more. These titles have continued to be published since 1887. They provide valuable information that is used daily by CBP offices. These titles have been cited in tens of thousands of cases.

Market Research concluded Lexis+ provides more federal and state case law and substantially more court documents. Courtlink provides users with access to court documents.

It also allows them to create customized alerts and keyword alerts; features that are not available through PACER. These features save users time and allow alerts and updates to go straight to inboxes. Lexis+ includes Shepard’s. This resource provides unique analysis on cases and follows point of law. It includes graphic images displaying trends across courts.

These options make it easy to find cases and splits of authority, for building case law references. Users can also access litigation analytics that gives an overview of judges’ behaviors and trends over time.

News access is one of the biggest differences between Lexis+ and Westlaw. Lexis provides more resources; over 37,000 news sources, legal news that covers over 140 practice areas, as well as Law 360, a frequently requested resource that is exclusive to Lexis. This is a benefit that assists all of CBP, not just those dealing with legal affairs.

Lexis Dossier provides company, industry, and information on executives in compiled reports.

Attachment 6 U.S. Customs and Border Protection

Justification for Exception to Fair Opportunity (JEFO) – FAR 16.505(a)(4) Exceeding the SAT

Version 2.0 November 2020

This allows OFO, Office of Trade, and others access to background information on companies, information that is necessary for their job duties. Lexis Dossier does offer a unique API feature. This allows users to include reports that update automatically on an internal site.

The LexisNexis databases provide access to business, legal and law enforcement content that is used daily to implement the laws that CBP has been tasked to enforce. Therefore, if this procurement is not fulfilled, ongoing criminal investigation, prosecutions and border security operations will be critically affected as no other provider can provide the access to a wide breath of essential information located in one database.

If access to Matthew Bender Publications, Lexis+, LexisNexis CourtLink, Lexis Dossier,and CLE on-demand is interrupted, CBP employees would lose access to critical information such legal titles, analytics, insight to business financials, docket research, and other resource information which support CBP’s daily operations that enforce the laws pertaining to immigration and customs. For example, LexisNexis service supports the CBP Offices of OIT-Information Resources Center and Targeting and Analysis Program Directorate (TASPD); Office of Chief Counsel; and Office of Trade Regulations and Rulings T-Regulations and Rulings to locate the information they need to develop legal arguments and perform analyses that are based on the best information available. No other company can provide these services in one location, which as result saves CBP researchers time.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will be able to make a determination of fair and reasonable pricing based on a cost analysis as well a price analysis that will compare the quoted price to the IGCE and the price paid for previous purchases similar in nature.

6. Any other facts supporting the justification.

None

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

CBP will continue conducting market research to identify and analyze solutions to determine if there are additional businesses capable of providing this specialized research information.

However, at this time the products provided by LexisNexis specified herein are required to satisfy the Government’s requirement.

If a determination is made that there are additional providers that can provide the information required to fulfill this requirement, CBP will post solicitations to compete the action.

8. CBP intends to post this requirement on SAM.gov pursuant to FAR 16.505(a)(4)(iii)(A)(2).