JA FAR Part 6 Sole Source_LexisNexis for BVA_SIGNED.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 5202 Presidents Court, Suite 103

Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition

13.106 (1)(b) -- Authorized or required by statute

1. Identification of the agency and the contracting activity.

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center-Frederick (SAC-F), on behalf of the Department of Veterans Affairs (VA), Board of Veterans Appeals (BVA).

2. Nature and/or description of the action being approved.

This activity proposes to negotiate a non-competitive award (sole source) with Lexis Nexis, for the procurement of Veteran Law Books. The estimated value for this acquisition is $83,445.00 and the anticipated period of performance for the awarded contract is as follows:

12 Month Base with Four 12 Month Option Periods February 25, 2022 – February 24, 2027

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This contract is to provide Veterans Law Judges (VLJs) and staff attorneys to a copy of the current year edition of the National Veterans Legal Services Program’s (NVLSP) Federal Veterans Laws, Rules and Regulations (Rules and Regulations). The Board’s mission is to “conduct hearings and decide appeals properly before the Board in a timely manner.” To accomplish this mission, VLJs and staff attorneys must have ready and reliable access to the statutes and regulations that make up VA Law. Rules and Regulations contain Title 38 of the Code of Federal Regulations in its entirety, relevant provisions of Title 38 of the US Code Service, the rules of the US Court of Appeals for Veterans Claims, and a comprehensive index. The publication is revised annually to account for changes in the relevant statutory and regulatory law. The single-volume publication allows VLJs and staff attorneys to quickly identify and examine the relevant law while they are drafting decisions, preparing for hearings, and making other legal/factual determinations.

The Board also requires select attorneys to have a current-year edition of the National Veterans Legal Services Program’s (NVLSP) Veterans Benefits Manual (Benefits Manual). The Benefits Manual provides history and context for VA statutes and regulations. It is an essential resource for Board attorneys who are responsible for the likes of commenting on VA rulemaking, providing in-depth trainings on issues in VA

Strategic Acquisition Center (SAC)

Law, and enacting policy and/or administrative changes. The Benefits Manual is a single-volume publication that provides an extensive and comprehensive overview of VA Law.

The contractor shall ship individual copies of the Rules and Regulations and Benefits Manual to Board employees as requested on a monthly basis by the Government. The Government will notify the vendor of the intent to place a monthly order on or before the business day closest to the 15th of the month. The Government will provide the contractor with a spreadsheet containing the verified names and addresses of those requesting Rules and Regulations, Benefits Manual, or both.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 6.302-1(a)(2) Only one responsible source and no other supplies or services will satisfy agency requirements. When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Program asserts that LexisNexis is the sole publisher of Rules and Regulations. The publication costs $52.25 a copy. The Board intends to order a minimum of 700 copies up to 1300 copies to distribute to its VLJs and staff attorneys. The total cost of this purchase would be $36,575.00- $67,925. The Board requires select attorneys (totaling 55 in number) to have a copy of the National Veterans Legal Services Program’s (NVLSP) Veterans Benefits Manual (2017 Edition) (Benefits Manual). The Benefits Manual provides history and context for VA statutes and regulations. It is an essential resource for Board attorneys who are responsible for the likes of commenting on VA rulemaking, providing in-depth trainings on issues in VA Law, and enacting policy and/or administrative changes. The Benefits Manual is a single volume publication that provides an extensive and comprehensive overview of VA Law. LexisNexis is the sole publisher of the Benefits Manual. The publication costs $155.20 a copy. The Board intends to order 55 copies to distribute to the 55 attorneys at the Board who are tasked with completing specialized research within VA Law with the option of purchasing an additional 45 copies for new hires. The total cost of this purchase would be $8,536.00- $15,520.

Strategic Acquisition Center (SAC)

Although the Board purchased paper books from another vendor in 2017 at a higher cost than dealing directly with LexisNexis, in attempting to find other retailers of the paper books for FY22’s Market Research, these books were only found onAmazon.com with an indefinite quantity at the price listed below. An ePub or digital version of the books is not suitable for the Board’s needs, and those are all we could find being sold by other vendors online.

Market research involved reviewing catalogues of legal publications, speaking directly with LexisNexis publications, and conducting Web searches consisting of the keywords such as VA Law, single publication, statutes & regulations. Market Research revealed that there is only one source for the NVLSP Federal Veterans Laws, Rules and Regulations and NVLSP Veterans Benefits Manual.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

IAW 6.302-1(a)(2) Only one responsible source and no other supplies or services will satisfy agency requirements. When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

A notice will be publicized as required by Subpart 5.2.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing, past proposal submissions (if available), other information made available, and an Independent Government Cost Estimate, etc.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted, and LexisNexis has been determined to be a responsible source with respect to performance. Market research involved reviewing catalogues of legal publications, speaking directly with LexisNexis publications, and conducting Web searches consisting of the keywords such as VA Law, single

Strategic Acquisition Center (SAC) publication, statutes & regulations. Market Research revealed that there is only one source for the NVLSP Federal Veterans Laws, Rules and Regulations and NVLSP Veterans Benefits Manual.

In addition, the System for Award Management (SAM) was queried and show LexisNexis to be registered. Additionally, Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for LexisNexis that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default or material failure to comply, or non-responsibility of the contractor.

9. Any other facts supporting the use of other than full and open competition.

Aside from LexisNexis being the sole provider of Rules and Regulations and the Benefits Manual, program asserts that their need for these publications is urgent. As outlined in 6.302-1(a)(2) Only one responsible source and no other supplies or services will satisfy agency requirements. When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

LexisNexis 9443 Springboro Pike Miamisburg, Ohio 45342-4425, United States

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

12. Certifications / Signatures.

Technical Representative Certification:

Strategic Acquisition Center (SAC)

I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief.

Meredith Jansen Date Program Manager Board of Veterans Appeals

Contracting Officer Certification:

Pursuant to (FAR 6.303-2(a)(12)), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Kelly Dempsey Date Contracting Officer Strategic Acquisition Center-Frederick