JEFO - FAR 16.505 Westlaw.vF.pdf

Justification for an Exception to Fair Opportunity

Enterprise Services Office of Acquisition 1401 Constitution Avenue NW

Washington, D.C. 20230

FY24-03

(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 West Publishing Corporation for a firm-fixed price task order. DOC has subscribed to WestLaw for many years, and this is a continuation of its services. For legal content, DOC has subscribed to Westlaw for many years, and this is a continuation of services. Westlaw is the only digital access to authoritative legal content (primary and secondary sources, including the National Reporter System of compiled federal and state case law, Uniform Laws Annotated, Corpus Juris Secundum, American Jurisprudence, and other editorial and analytical content). DOC also subscribes to Westlaw’s largest competitor for similar legal content. Westlaw also provides a user-friendly platform and proprietary tools that attorneys rely on, such as the Key Number System of classification and the West National Digest System, which contains editorial summaries commonly referred to as headnotes. Attorneys from other agencies often reference these headnotes, so it is critical that DOC attorneys have access to the same reference points.

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

The Department of Commerce requires renewed access to the Westlaw database for DOC staff.

The value of these actions is estimated to be approximately $822,276.00 or less per year with an estimated contract term of 1-Year base, four 1-Year Options for a total of $3,738,036.00.

Base $676,476.00

OY1 $710,328.00

OY2 $745,836.00

OY3 $783,120.00

OY4 $822,276.00

Total Value $3,738,036.00

(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 WestLaw is required because WestLaw is the exclusive legal market vendor. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state;

the approval level requirements will then only apply to that portion. Westlaw is the only digital access to authoritative legal content (primary and secondary sources, including the National Reporter System of compiled federal and state case law, Uniform Laws Annotated, Corpus Juris Secundum, American Jurisprudence, and other editorial and analytical content).

(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 for WestLaw subscriptions and the nonavailability of authorized resellers a sole source to West Publishing Corporation 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

LAURA SWIFT Digitally signed by LAURA SWIFT Date: 2023.10.31 14:52:43 -04'00'

(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 Westlaw from West Publishing Corporation. I certify this justification is accurate and complete to the best of my knowledge and belief.

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