JEFO - FAR 16.505 Lexis.vF.pdf

Justification for an Exception to Fair Opportunity

Enterprise Services Office of Acquisition 1401 Constitution Avenue NW

Washington, D.C. 20230

FY24-02

(1) Identification of the agency and the contracting activity:

Program Office: Department of Commerce Commerce Research Library Office of the General Counsel 1401 Constitution Ave, NW Washington, D.C. 20230

Contracting Activity: Department of Commerce Enterprise Services - Acquisition 1401 Constitution Ave, NW Washington, D.C. 20230

(2) Nature and/or description of the action being approved:

The Agency plans to issue a new task order underneath FEDLINK contract with RELX for a firm-fixed price task order. DOC has subscribed to Lexis for many years, and this is a continuation of its services. For legal content, DOC also subscribes to their largest competitor, however Lexis offers additional and complementary unique content (Lexis Headnotes, Matthew Bender Publications, Mealey’s Publications, and Law360 Publications). Lexis CourtLink provides the largest and most comprehensive collection of federal and state court dockets. DOC also relies on Lexis Dossier for company, industry, and executive information, as well as the Diligence tool to perform company and individual vetting by cross searching these records and the extensive collection of news content. Lexis is also the exclusive legal market vendor for the New York Times.

(3) A description of the supplies or services required to meet the agency's needs:

The Department of Commerce requires renewed access to LexisNexis databases for DOC staff.

The value of these actions is estimated to be approximately $2,638,176.00 or less per year with an estimated contract term of 1-Year base, four 1-Year Options for a total of $7,614,195.00.

Base $2,439.255.00

OY1 $2,536,764.00

OY2 $2,638,176.00

Total Value $7,614,195.00

(4) An identification of the exception to fair opportunity and the supporting rationale, including a demonstration of the proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. Describe why the relationship between the initial order and the follow-on is logical (e.g. in terms of scope, period of performance, or value): The statutory authority permitting other than full and open competition is FAR 16.505(b)(2)(i )(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. A subscription to LexisNexis is required because LexisNexis is the exclusive legal market vendor for the New York Times and DOC requires continued access to these databases to allow for continuity of services regarding legal, company & industry, and news information.

(5) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer determines that the anticipated pricing will be fair and reasonable based on historical pricing and the pre-established rates FEDLINK negotiated when awarding the indefinite delivery indefinite quantity (IDIQ) contracts.

(6) Any other facts supporting the justification: Due to the need of LexisNexis subscriptions and the nonavailability of authorized resellers a sole source to Relx, Inc is required.

(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: Periodic market research will be conducted to stay abreast of developments in the field and identify if any new possible providers are available in the future.

(8) Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel:

Laura Swift Date Program Official

(9) The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief:

Based on the above information, it is determined to be in the Government’s best interest to acquire LexisNexis from Relx, Inc. I certify this justification is accurate and complete to the best of my knowledge and belief.

LAURA SWIFT Digitally signed by LAURA SWIFT Date: 2023.10.31 14:52:10 -04'00'

Date

Contracting Officer

(10) A written determination by the approving official that one of the circumstances in paragraphs (b)(2)(i)(A) through (E) and (G) of this section applies to the order:

The following statutory exception applies:

FAR 16.505(b)(2)(i )(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

APPROVAL/ DISAPPROVAL

Christopher Wallis Date ES-A Competition Advocate

10/31/2023