J-and-A-Limited-Sources-Justification-Federal-Supply-Schedule_V-3.pdf

PDF 2 MB Posted Apr 30, 2021

Attached to: Legal, news, and business databases
Solicitation number: 75P00121F80096
Issued by: Department of Health and Human Services Office of the Assistant Secretary for Administration

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Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1, 8.405-2, or 8.405-3, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

Acquisition Title: LexisNexis Legal Research Database

Agency: PSC

PSC Divisions: OGC - Office of General Counsel

Acquisition Year (FY): 2021

Author: Susan M. Panasik

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds:

Name of Proposed Contractor(s): LexisNexis

Street Address: 1150 18th St., NW

City, State, Zip: Washington, DC 20036

Remove ContractorAdd Contractor

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

To provide to the Office of the General Counsel online access to legal, news, and business databases that are exclusively on the LexisNexis legal research platform. has a need for an online legal research database platform in order to perform legal research on behalf of the Department. Previous Order No: GS-02F-0048M/HHSP233201600155G; Incumbent/ Predecessor Contractor: LexisNexis/Reed Elsevier (RELX).

The estimated value of the proposed action, including all options, is $ 2,173,851.00

Provide information for any options included in the order. If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

The basis for this Limited Source Justification is that LexisNexis is the only provider of the following databases:

U.S. Code Service statutes (current and archived) (CLIN No. 3.1.1.1) contains the statutory code for the United States of America as published in the compilation entitled United States Code Service. It includes all laws of a general and permanent nature, as enacted by the United States Congress. United States Code Service archives are available from 1992.

CourtLink docket and strategic profiles (CLIN No. C.3.1.1.120) where researchers can search millions of federal, state, and local court dockets and documents. With the largest collection of full-text dockets, single search technology, and timely alerts, they can monitor developments in new and ongoing cases, review past litigation to inform case strategy, and perform due diligence.

Matthew Bender treatises library (CLIN No. C.3.1.4.22) has more than 5,400 titles across more than 50 areas of law, such as business, elder law, estate planning, federal practice and procedure, government contracts, intellectual property (IP), labor and employment, military justice, real estate, taxation, torts, and much more. It also contains jurisdiction-specific guidance on federal and state legal topics.

Wagstaff Group Practice Guides (CLIN No. 3.1.4.22) is a multi-platform and multimedia product on federal civil procedure before trial. It consists of a three-volume practice guide, along with a Current Awareness component, with analysis of the latest cases and videos on developing issues. This title also features videos embedded within the content so that users can read and see the answers to their questions.

Mealey’s News Premium Content (CLIN No. 3.1.4.1) deliver premium, daily news into important practice areas such as labor and employment law, government contracts, litigation, and more. Mealey’s is a trusted source for many federal researchers, and the premier provider of litigation news. These publications provide users with unbiased coverage of legally significant developments that can inform their litigations strategies and tactics. Users can rely on Mealey’s to effectively formulate and execute case strategy with the most current legal information available.

Either the text link or the icon, when clicked, will bring up a full Shepard's report for the case. The Shepard's report indicates exactly how later cases cited the case being Shepardized with plain English phrases like "followed by" or "overruled" rather than by using the old abbreviations. Additionally, the report shows the full case title (that is, the names of the plaintiff and defendant) and full citation for each of the later cases. Finally, the online report has the convenience of allowing the user to simply click on the hyperlink for any listed case to retrieve it almost instantly.

The Office of the General Counsel is seeking a base period (05/02/2021 to 05/01/2022), plus four (4) option years.

4. Authority:

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.); Title 40 U.S.C. 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception and for each discuss how the cited authority applies in accordance with FAR 8.405-6(c)(2)(iv).

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

Only one source is capable of providing the supplies or services required at the level or quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B));

LexisNexis has exclusive legal databases that are not available on other platforms and are required by the Office of the General Counsel. For example, U.S. Code Service statutes (current and archived) It includes all laws of a general and permanent nature, as enacted by the United States Congress. United States Code Service archives are available from 1992. USCS includes some cases not found in USCA (Thomson Reuters/West). USCS annotations of cases are more extensive if deemed particularly relevant cases. USCS preserves more closely the language and context of the original Statutes at Large text. USCS provides cross references to many secondary sources and are more extensive than West's cross references. USCS is often more timely because of its monthly advance service. USCS provides agency procedural rules.

CourtLink docket and strategic profiles can search 226+ millions of federal, state, and local court dockets and documents. With single search technology, and timely alerts, attorneys can monitor developments in new and ongoing cases, review past litigation to inform case strategy, and perform due diligence. In addition, attorneys can gather intelligence and litigation history on individuals, expert witnesses, judges, and opposing counsel, based on their prior performance in court.

Matthew Bender treatises library has over 5,400 titles across more than 50 areas of law, such as business, elder law, estate planning, federal practice and procedure, government contracts, intellectual property (IP), labor and employment, military justice, real estate, taxation, torts, and much more. It also contains jurisdiction-specific guidance on federal and state legal topics.

Wagstaff Group Practice Guides is the only is a multi-platform and multimedia product on federal civil procedure before trial and it is exclusively on the LexisNexis platform. It consists of a practice guide (including a current awareness component), with analysis of the latest cases. This title features videos embedded within the content so that users can read and see the answers to their questions.

Mealey’s News Premium Content provides uninterrupted access to highly relevant news within hours of when it happens, including breaking cases, rulings, and more. Mealey’s is a trusted source for many federal researchers, and the premier provider of litigation news. The Mealey's databases include compilation of the most recent 30 days of headlines, links to underlying court documents from Lexis, impartial legal analysis from current and archived Mealey’s Reports, with the final versions of daily stories in archived reports as well as additional litigation coverage.

The Shepard's Citations Service provides a comprehensive case citation and treatment history to verify the validity of case law, statutes, agency opinions, and other legal documents. Shepard's provides a report showing every opinion where that case has been referenced, all treatments of the case, and whether or not the case is "good law." The online report allows the user to simply click on the hyperlink for any listed case to retrieve it almost instantly. In addition, Lexis headnotes include Shepard’s Signal indicators. Click a positive or negative treatment signal and move to the Shepard’s report—filtered to that headnote and that treatment.

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited sources procedures (FAR 8.405-6(a)(1)(i)(C)); or

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. (FAR 8.405-6(b)).

When competition is limited to items peculiar to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs in accordance with FAR 11.105.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

On March1, 2021,Susan Panasik, Legal Information Managers for the Office of the General Counsel, reviewed the of databases of competitors of LexisNexis. The competing vendors are: Thomson Reuters (Westlaw), Bloomberg, and Wolters Kluwer (CCH). None of the competitors platforms included the required databases that are exclusively on LexisNexis.

6. Actions to Increase Competition:

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies or services is made. If no such actions have been taken, explain why.

Previously, the Office of General Counsel purchased LexisNexis though FedLink. Around 2005, OGC felt that the FedLink service charge was excessive. Then, OGC used FedBizOpps to advertise for a legal research database which was awarded to LexisNexis because of the exclusive databases (U.S.C.S., Shepard's Citation Service, Matthew Bender treatises, etc.)

available on the platform, and OGC already had contracts for legal databases from Thomson/Reuters (Westlaw), Bloomberg (formerly Bureau of National Affairs (BNA), and Wolters Kluwer (CCH). In the future, should other vendors obtain the ability to provide the required legal titles, OGC will compete the list of legal titles for the award.

7. Any other facts supporting the justification:

LexisNexis is the only vendor that can provide the U.S. Code Service, Courtlink docket and reports, Matthew Bender treatises, the Wagstaffe treatise and videos, Mealey's News, and the Shepard's Citation services. All of these databases and citation service are required by OGC to effectively research legal issues and provide counsel and advice to the Department.

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager

Name: Susan M. Panasik

Position Title: Legal Information Manager

Email address: susan.panasik@hhs.gov

Phone: 202-619-3405 (office) 202-597-1192 (telework cell)

Program Manager Supervisor (or one level above Program Manager)

Name: Buddy Frye

Position Title: Director, Office of Legal Resources

Email address: buddy.frye@hhs.gov

Signature:

Date: 04/14/2021

9. Best Value Determination: By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order provides the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

This price has been determined fair and reasonable in accordance with FAR 15.404-1(b)(2)(ii) - comparison of proposed prices to historical prices paid; FAR 15.404-1(b)(2)(v) – comparison to an IGE; FAR 15.404-1(b)(2)(iv) – comparison with competitive published price lists.

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.

Name: Lydina M Battle Phone:

Signature: Date: 4/14/2021

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports limiting sources.

Name: Susan Cortes-Shrank Phone:

Signature: Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

Name: Phone:

Signature: Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name: Phone:

Signature: Date:

15. Department Competition Advocate:

Concur: Non-Concur:

Name: Phone:

Signature: Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve limiting sources for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

To provide to the Office of the General Counsel online access to legal, news, and business databases that are exclusively on the LexisNexis legal research platform. has a need for an online legal research database platform in order to perform legal research on behalf of the Department. Previous Order No: GS-02F-0048M/HHSP233201600155G; Incumbent/Predecessor Contractor: LexisNexis/ Reed Elsevier (RELX).

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

Name: Phone:

Signature: Date:

Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

2. Description of Action:

Nature:

Pricing:

Funds:

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

Briefly describe the supplies or services to be provided, including make & model number where appropriate. Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer). If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order. If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

4. Authority:

5. Market Research:

6. Actions to Increase Competition:

7. Any other facts supporting the justification:

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager) Name:

Position Title:

Email address:

Signature:

Date:

Name:

Phone:

Signature:

Date:

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports limiting sources.

Name:

Phone:

Signature:

Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

Name:

Phone:

Signature:

Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name:

Phone:

Signature:

Date:

15. Department Competition Advocate:

Concur:

Non-Concur:

Name:

Phone:

Signature:

Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304 Name:

Phone:

Signature:

Date:

11.0.0.20130303.1.892433.887364 Justification & Approval - Federal Supply Schedule Health and Human Services Justification & Approval - Federal Supply Schedule

AcquisitionTitle: LexisNexis Legal Research Database

Agency: PSC

PSCDrop: OGC - Office of General Counsel

NIHDrop:

PSCOther:

AcqusitionYear: 2021

Author: Susan M. Panasik

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Order/Contract Number::

CheckBox8: 1

CheckBox7: 0

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Other Pricing:

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Funding amount:

TextField5: LexisNexis

TextField5: 1150 18th St., NW

TextField5: Washington, DC 20036

Button2:

Button1:

3. Description of Supplies or Services:: To provide to the Office of the General Counsel online access to legal, news, and business databases that are exclusively on the LexisNexis legal research platform. has a need for an online legal research database platform in order to perform legal research on behalf of the Department. Previous Order No: GS-02F-0048M/HHSP233201600155G; Incumbent/Predecessor Contractor: LexisNexis/Reed Elsevier (RELX).

TextField7: 2,173,851.00

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: The basis for this Limited Source Justification is that LexisNexis is the only provider of the following databases:

Shepard’s citation service (CLIN No. 3.1.9.1) LexisNexis database users can Shepardize most citations online; cases are displayed with a text link to Shepardize the case and also have an icon indicating the status of the case as citable authority. Either the text link or the icon, when clicked, will bring up a full Shepard's report for the case. The Shepard's report indicates exactly how later cases cited the case being Shepardized with plain English phrases like "followed by" or "overruled" rather than by using the old abbreviations. Additionally, the report shows the full case title (that is, the names of the plaintiff and defendant) and full citation for each of the later cases. Finally, the online report has the convenience of allowing the user to simply click on the hyperlink for any listed case to retrieve it almost instantly.

The Office of the General Counsel is seeking a base period (05/02/2021 to 05/01/2022), plus four (4) option years.

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: LexisNexis has exclusive legal databases that are not available on other platforms and are required by the Office of the General Counsel. For example, U.S. Code Service statutes (current and archived) It includes all laws of a general and permanent nature, as enacted by the United States Congress. United States Code Service archives are available from 1992. USCS includes some cases not found in USCA (Thomson Reuters/West). USCS annotations of cases are more extensive if deemed particularly relevant cases. USCS preserves more closely the language and context of the original Statutes at Large text. USCS provides cross references to many secondary sources and are more extensive than West's cross references. USCS is often more timely because of its monthly advance service. USCS provides agency procedural rules.

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CheckBox13: 1

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Describe in detail the basis for the determination that this order providers the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.: Previously, the Office of General Counsel purchased LexisNexis though FedLink. Around 2005, OGC felt that the FedLink service charge was excessive. Then, OGC used FedBizOpps to advertise for a legal research database which was awarded to LexisNexis because of the exclusive databases (U.S.C.S., Shepard's Citation Service, Matthew Bender treatises, etc.) available on the platform, and OGC already had contracts for legal databases from Thomson/Reuters (Westlaw), Bloomberg (formerly Bureau of National Affairs (BNA), and Wolters Kluwer (CCH). In the future, should other vendors obtain the ability to provide the required legal titles, OGC will compete the list of legal titles for the award.

Program Manager name: Susan M. Panasik

Program Manager position title: Legal Information Manager

Program Manager email address: susan.panasik@hhs.gov

Program manager phone number: 202-619-3405 (office) 202-597-1192 (telework cell)

Program Manager Supervisor name: Buddy Frye

Program Manager Supervisor Position title: Director, Office of Legal Resources

Program Manager Supervisor email address: buddy.frye@hhs.gov

HHS Senior Procurement Executive (SPE) signature:

Program Manager Supervisor date: 04/14/2021

filepath:

Contract Officer's Approval name: Lydina M Battle

HHS Senior Procurement Executive (SPE) phone:

Contract Officer's Approval date: 4/14/2021

HHS Senior Procurement Executive (SPE) name: Susan Cortes-Shrank

DateField6:

Office of Small Business date:

OPDIV HCA date:

Concur with Acquisition: 0

Non-Concur with Acquisition: 0

HHS Senior Procurement Executive (SPE) date:

State supplies/services being procured: To provide to the Office of the General Counsel online access to legal, news, and business databases that are exclusively on the LexisNexis legal research platform. has a need for an online legal research database platform in order to perform legal research on behalf of the Department. Previous Order No: GS-02F-0048M/HHSP233201600155G; Incumbent/Predecessor Contractor: LexisNexis/Reed Elsevier (RELX).

File details come from the government source that posted it. Updated Apr 30, 2021.