Justification 5-16.pdf

UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

1400 K STREET N.W. ٠WASHINGTON, D.C. 20424

www.FLRA.gov

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FAR 16.505(a)(i)

1. Contracting activity/agency. Federal Labor Relations Authority (FLRA), Administrative Services Division (ASD)

2. Description of supplies or services required to meet agency needs. Computer-assisted legal research

(CALR)

3. Identification of the limited source(s) to be solicited. West Publishing Corporation (Thomson West)

1333 H Street, NW, Suite 700, Washington, DC 20005

(845) 263-0024

4. Reason for authority cited. The contracting officer has determined the circumstances of the contract action deem only one source reasonably available.

FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

X 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 (to include brand name in accordance with 16.505(a)(4)).

FAR 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

FAR 16.505(b)(2)(i)(D) – It is necessary to place an order to satisfy a minimum guarantee.

5. Rationale.

Market research conducted showed that CALR is an industry with limited providers (see section 7 below for details). Of the three available vendors, only one vendor, West Publishing Corp., provided a product, Westlaw, that substantially met the FLRA’s most important technical requirements.

Specifically, Westlaw is the only product that includes the correct pagination of FLRA materials, easy retrieval of prior and subsequent history of all FLRA materials, including Authority and ALJ decisions, ability to search materials using pincite citations, and a classification system (like keycite, shepherds, or bcite) that includes administrative materials.

The mission of the FLRA is to administer and enforce the Federal Service Labor-Management Relations Statute, 5 U.S.C. chapter 71 (the Statute), which is the primary federal statute governing labor relations in the federal sector. FLRA attorneys, labor-relations specialists, legal technicians, paralegals, and temporary legal interns require access to WestLaw to provide accurate information in order to enforce the Statute.

6. Fair and Reasonable Costs

The anticipated price of the resultant task order will be considered fair and reasonable.

The award is being made off of the Library of Congress’ (LOC) FedLINK IDIQ contracts which, at time of award, were deemed fair and reasonable. In addition, the market research conducted by the Program Office and verified by the COR shows that the http://www.flra.gov/ anticipated pricing will be fair and reasonable based on published GSA pricing, FedLINK pricing, and Rough Orders of Magnitude (ROMs) provided by prospective contractors during the market research phase. At time of award, an analysis will be conducted to ensure that the proposed pricing is fair and reasonable.

7. Market Research.

The Program Office (PO) conducted extensive market research pursuant to FAR 10 requirements. After reviewing available market options through a search of public websites, GSA Schedules, and FedLINK, three potential vendors were identified: Bloomberg Law, West Publishing Corp. (Westlaw) and Relx Inc.

(LexisNexis). The PO contacted each of the potential vendors and requested information on their systems’ technical capabilities and then met with each vendor to discuss their products and capabilities needed for the service. The PO received information from all three providers, along with ROMs from Bloomberg and Westlaw.

The PO assembled a team of twenty-five individuals representing several components and offices of the FLRA to review the technical requirements document outlining the FLRA’s needs and provide any additional changes or input on the technical requirements. The PO then requested each of the three potential vendors to provide demonstrations and temporary subscriptions to the products they have available. The team attended demonstrations, reviewed promotional literature, and provided feedback on the FLRA’s technical needs.

8. Contracting Officer’s Certification

The contracting officer’s signature on the Justification Review Document evidences that she has determined this document to be both accurate and complete to the best of her knowledge and belief (FAR 6.303-2(a)(12)).

Under the authority of FAR 16.505(b)(2), the undersigned hereby determines the circumstances of this contract action deem only one source is reasonably available as supported herein.

L. Pershette Wakefield Director, Administrative Services Division

Concur

Caroline Helms Contracting Officer

Approve