A_04_-_Limited_Sources_Justification.pdf

LIMITED SOURCES JUSTIFICATION WHS/AD

FAR 8.405-6(c)(2) 25 September 2013

1. REQUIRING ACTIVITY: Defense Technology Security Administration (DTSA) CONTRACTING ACTIVITY: WHS Acquisition Directorate (AD)

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

DTSA requests the purchase of a LexisNexis online subscription for up to 18 users. See market research and/or solicitation for further information.

3. DESCRIPTION & QUANTITY OF SUPPLIES OR SERVICES REQUESTED:

CLIN Part No. Description QTY 0001 N/A LexisNexis Services – Base Year 12 1001 N/A LexisNexis Services – Option Year 1 12 2001 N/A LexisNexis Services – Option Year 2 12 3001 N/A LexisNexis Services – Option Year 3 12 4001 N/A LexisNexis Services – Option Year 4 12

4. STATUTORY AUTHORITY AND SUPPORTING RATIONALE:

FAR 8.405-6(a)(1)(i)(C)

LexisNexis provides current, critical, on-line database support in the following areas:

Statutes, bills, regulations, case law, secondary legal resources. It also allows for searching multiple legal database at once, also saving time and effort. In reviewing other opportunities offered under GSA ebuy, WestLaw was presented as a possible source. West Law has a much lower price with significantly reduced searching capabilities in the international areas.

The areas of international search is the primary area DTSA’s General Council, Foreign Affairs Specialists and Licensing Officers use the international search functions extensively available in Lexis Nexis to research a broad range of items that are not available with the “open internet” therefore DTSA is requesting a continued relationship with Lexis Nexis.

5. CONTRACTING OFFICER’S DETERMINATION THAT THE ORDER REPRESENTS

THE BEST VALUE CONSISTENT WITH FAR 8.404(d):

GSA Schedule contracts are negotiated with the intent of achieving the contractors’ “most favored customer” pricing/discounts under similar conditions. LexisNexis provides the agency with a 51% discount off of the GSA pricing schedule.

6. DESCRIPTION OF MARKET RESEARCH AND ITS RESULTS OR STATEMENT OF

THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

Market research indicates this requirement is GSA Schedule 76: Publication Media; SIN 760- 2: Periodicals, Subscription Services; and NAICS 519190: All Other Information Services.

Market research indicates this requirement cannot be set aside for small businesses. The customer is requesting a sole source solution. A sole source verification letter and limited sources justification will be prepared and approved prior to the issue of a solicitation. The estimated cost of the base plus all option years is over the simplified acquisition threshold (SAT), defined in FAR 2.101 as $150,000, except for acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack. However, the requested items are commercially available from Reed Elsevier dba LexisNexis. Therefore, this acquisition is eligible for the commercial item test program defined in FAR Subpart 13.5. The FAR Subpart 13.5 test program provides for the use of simplified procedures for the acquisition of supplies and services in amounts greater than the SAT but not exceeding $6.5 million, including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial items.

7. ANY OTHER SUPPORTING FACTS:

N/A

8. STATEMENT OF THE ACTIONS (IF ANY) THE AGENCY MAY TAKE TO

REMOVE/OVERCOME ANY BARRIERS THAT LED TO RESTRICTED

CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION:

N/A

CONTRACTING OFFICER’S CERTIFICATION

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

JAMES JOHNSON

Contracting Officer

WHS/AD

JOHNSON.JAME

S.E L.1037445025

Digitally signed by JOHNSON.JAMES.E L.1037445025 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=WHS, cn=JOHNSON.JAMES.E L.1037445025 Date: 2013.09.25 12:53:57 -04'00'

REQUIRING ACTIVITY’S CERTIFICATION

All supporting data that forms the basis for this justification is hereby certified as complete and accurate:

TRINITA MCCALL

DTSA/MD

MCCALL.TRINITA

.M J.1271442641

Digitally signed by MCCALL.TRINITA.M J.1271442641 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DTSA, cn=MCCALL.TRINITA.M J.1271442641 Date: 2013.09.25 12:44:23 -04'00'