Justification and Approval Bloomberg Law_Redacted.pdf

Revised: 03/26/2018 - Older versions are obsolete and should not be used. Page 2

BNA has merged with Bloomberg, and the legal name is now “Bloomberg BNA”. Bloomberg Law can only be purchased through The Bureau of National Affairs, Inc., which maintains its own sales force and does not use resellers to license Bloomberg Law. Bloomberg Law provides unlimited, unrestricted access to essential legal content integrated with timesaving tools, plus Bloomberg BNA's proprietary company and market information and world-class news. Bloomberg Law provides an extensive collection of unique content and unique search. BNA provides subject matter treatises and news services, legal Practice Centers, Points of Law, DocketKey, BCite (BC Litigation Intelligence Center), Company Profiles, and Benefits Portfolios are all unique content and/or features only available from Bloomberg Law. This subscription is unique because it provides cross searching of law with Bloomberg BNA reporting content, enabling SSA components to retrieve a wide range of information on a variety of legal topics.

Bloomberg Law products are recognized as the industry standard and ultimate authority in quality, depth and exhaustive detail for pension related information. The exclusively licensed data (Bloomberg BNA copyrighted treatises, periodicals and newsletters) are not available through any other source and cannot be obtained in pieces or segments on an a la carte basis. The product includes primary and secondary legal and non-legal content exclusive to Bloomberg BNA, specialized functionality, such as citator service; citation checking and hyperlinking functionality, access to all federal dockets, and news gathering and disseminating services. PBGC has determined that Bloomberg BNA, through their product Bloomberg Law, meets our requirement for this licensed data requirement. This data will be used by PBGC pension professionals, labor relations, attorneys, actuaries, auditors, human resource professionals and PBGC professional staff needing to keep current with issues central to PBGC’s mission and to perform research.

The following content, functionality and efficiencies, are required by PBGC attorneys and are available only through the Bloomberg Law Legal Research Platform:

a. Bloomberg Subject matter treatises, including but not limited to publications from Bloomberg BNA (please see SOW and below for a partial list).

b. Bloomberg Law’s exclusive editorial content, BNA headnotes and Classification outlines.

c. BCite, a legal citator, including exclusive treatment indicators, references to proprietary and exclusive secondary resources available only on Bloomberg Law’s Legal Research Platform.

d. Exclusive news services, including news from the Bloomberg Terminal in real time.

e. Bloomberg Law offer content on their web-based research platform that cannot be obtained in any other source, in print our online. Many of these materials are noteworthy titles on the topics of ERISA and Labor Law.

A Notice of Intent will be posted to SAM.Beta.gov.

PBGC conducted market research/sources sought, by web-based searching and reviewing articles, blogs and product sales pages for web-based legal research platforms for available sources for the required breadth of data. In addition, PBGC library staff regularly reviews other external sources of specialized information in the fields for pensions, bankruptcy, labor, employee benefits, government contracts, and federal / state court issuances. No other publisher offers the required licensed products, breadth of coverage and is able to provide a daily, customized web interface to precisely serve the interests of the PBGC, as is the Bloomberg Law Legal Research platform.

PBGC has estimated the number of PBGC practitioners, attorneys and other professional staff which will use the licensed analytical materials and it has been determined that the estimated usage is sufficient to warrant enterprisewide access. Analysis of past PBGC use of BNA licensed data demonstrates strong demand for the reference material by Bloomberg BNA authors in the labor relations, actuaries, auditors, human resource professionals and PBGC professional staff needing to keep current with issues central to PBGC’s mission and to perform research and their current news publications that cover PBGC's mission critical subjects.

5. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE

ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS/OFFERS ARE SOLICITED FROM

AS MANY POTENTIAL SOURCES AS PRACTICABLE

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE

Revised: 03/26/2018 - Older versions are obsolete and should not be used. Page 3

Determination: A determination that the cost/price is fair and reasonable will be made by the Contracting Officer before the contract action is issued.

PBGC Contracting Officer will ensure a comparison of proposed contract prices is conducted using prices contained in current/previous contracts for similar services/products, along with an analysis of reasonable escalation costs to determine the prices are fair and reasonable. The contracting officer and the COR will monitor usage of the contract after award and throughout the life of the contract to ensure PBGC's requirements are still consistent with the services provided under this contract.

A determination that the cost/price is fair and reasonable shall be made before the contract action is issued.

Market research was conducted using web-based searching and reviewing articles, blogs and product sales pages for web-based legal research platforms.

The following methodology was used:

• Performed internet web searches for articles surveying the marketplace for legal research platforms and investigated each identified source.

• Reviewed product literature from online legal research vendors (e.g,WestlawNext, Lexis Advance, Fastcase, and any others identified in web-based research) to see if they offer the required content.

a. Market research was conducted using web-based searching and reviewing articles, blogs and product sales pages for web-based legal research platforms. The following is a summary of the legal research platforms identified, and their key characteristics, and their limitation, if any, on BNA required content:

1. Lexis Advance offers a full range of United States legal information, including materials from all 50 states and international and foreign law materials which gives the researcher access to all these sources. In addition, Lexis Advance maintains large databases of secondary sources–commentaries on law contained in legal treatises, law journal articles, legal encyclopedias, dictionaries, and legal digests.

2. WestlawNext offers a full range of U.S. legal information, including materials from all 50 states. In the U.S., primary authority consists of the federal and state Constitutions, statutes, administrative regulations, cases, and international law.

Westlaw provides the researcher with access to all these sources to include large databases of secondary sources – commentary on the law in legal treatises, law journal articles, and legal encyclopedias.

3. Fastcase offers online access to cases, statutes, regulations, court rules, and bar publications. Their primary market is bar associations, small law firms, and solo practitioners through their tiered subscription- based pricing model. The top tier plan includes comprehensive 50-state and federal law, federal and 50-state appellate law, nationwide statutes and regulations, state constitutions, search results with a timeline view, authority check, dual-column and batch printing.

4. Casemaker offers a Google-like search engine, a multiple-library search, client and subject matter folders. Casemaker’s primary market is bar associations, small law firms, and solo practitioners through their tiered subscription- based pricing model.

5. Versuslaw offers three type of subscriptions access to core U.S. court decisions, federal and state statutes, and administrative codes and regulations at a lower monthly and annual subscription prices than LexisNexis and Westlaw. VersusLaw’starget market is law students, academic law libraries, small firms, solo practitioners, and non-lawyers.

6. Casetext. Casetext has all federal cases and statutes, and all state cases and statutes above the trial court level. Its features include red flags on cases that are no longer good law, links to cases that cite to the case currently being read, and Black Letter Law database containing points of law that have been well-settled.

All the above-mentioned sources do not provide access to Bureau of National Affairs (BNA / Bloomberg Law) content because of their copyrighted, proprietary newsletters, treatises and custom web interface. PBGC requires access to Bloomberg BNA because this service is key to pension plans that are trusteed to PBGC due to bankruptcy, ERISA, Mergers and Acquisitions. The information available in the database is key to the support of PBGC's mission under

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT

OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

ERISA.

As of result of BNA/Bloomberg content being copyrighted and proprietary with published newsletter and, treatises.

Therefore, PBGC cannot acquire this service from other source. PBGC requires access to Bloomberg BNA because this service is key to pension plans that are trusteed to PBGC due to bankruptcy, ERISA, Mergers and Acquisitions.

9. ANY OTHER FACTS SUPPORTING THE USE OF SOLE SOURCE

As a part of PBGC's mission, PBGC researchers are called upon to conduct research in many areas of law, across various types of content, encompassing both historical precedents as well as the latest in emerging legal theories.

PBGC researchers require access to resources and tools that are cited by Courts and litigants so that they can efficiently obtain and verify the accuracy. PBGC researchers include attorneys, paralegals, clerks, pension law specialists, library staff, human resources professionals, actuaries and financial analysts. Bloomberg BNA provides exclusive access to materials that support the needs of PBGC researchers.

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION

N/A

11. A STATEMENT OF THE ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE MAKING ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES REQUIRED

The agency will continue to monitor and survey the marketplace for legal research platforms to see if the required BNA/ Bloomberg Law content becomes available through another platform. Additionally, PBGC Library Manager will also continue to research industry standards and will remain alert to the marketing of alternative products which will potentially meet the agency's requirements. As different technologies are developed and as the agency's requirements change, the agency will re-evaluate its requirements to determine what solutions may offer the best value to the agency. This can be accomplished prior to but in conjunction with the intent to exercise each option year.

12. TECHNICAL OR REQUIREMENTS PERSONNEL'S CERTIFICATION

I hereby certify that this Sole Source Justification, and all supporting data, are accurate and complete to the best of my knowledge and belief.

Signature

13. CONTRACTING OFFICER'S REVIEW OR APPROVAL

8/18/2020

Date

I hereby certify that this Sole Source Justification, and all supporting data, are accurate and complete to the best of my knowledge and belief.

• Justification does not exceed $700K - I approve this Sole Source Justification.

■ Justification exceeds $700K

Contracting Officer

Signature

18 August 2020

Date Date

Page4 Revised: 03/26/2018 - Older versions are obsolete and should not be used.

Program Office

Revised: 03/26/2018 - Older versions are obsolete and should not be used. Page 5

I approve this Sole Source Justification

Justification exceeds $700K but does not exceed $7M

Competition Advocate

Date Signature Date

14. COMPETITION ADVOCATE’S REVIEW OR APPROVAL

8/18/2020