Justification.pdf

SOLE-SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FEDERAL ACQUISITION

REGULATION (FAR) 13.106

Pursuant to the Federal Acquisitions Regulation (FAR) Subparts 13.106-1(b)(1)(i) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(a), the U.S Department of Justice, Federal Bureau of Prisons (BOP), has determined there is only one source reasonably available. The following is supporting documentation in accordance with FAR Subpart 13.106(b)(3).

1. Identification of the agency and the contracting activity.

U.S. Department of Justice, Federal Bureau of Prisons, Office of Procurement Executive - Field Acquisition Office.

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

This is a sole source, firm-fixed price purchase order for Government Contracts Complete Library on VitalLaw.

3. Description of Supplies/Services required to meet the Agency’s Needs including the estimated value.

The BOP’s requirement includes 200 licenses for the Government Contracts Complete Library on VitalLaw. The cost of the licenses is $60,000.00.

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 41 U.S.C. 3304, determined that the use of this authority is appropriate pursuant to FAR Subpart 13.106-1(b)(1)(i), that the circumstances of this action deem only a single source is reasonably available.

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Wolters Kluwer Legal & Regulatory U.S. – CCH Incorporated owns the product and is considered proprietary. No resellers are authorized to sell the product.

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

The Contracting Officer will publish the sole source award notice to the government point of entry, https://www.sam.gov, website in accordance with FAR Subparts 5.203(a) and 13.105(a).

The justification will be made publicly available.

https://www.sam.gov/

SOLE-SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FEDERAL ACQUISITION

REGULATION (FAR) 13.106

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

The Contracting Officer hereby determines that the anticipated cost to the Government is fair and reasonable.

In determining the proposed price for this acquisition to be fair and reasonable, this Contracting Officer utilized market research and compared the pricing with similar items in the industry.

8. A description of the market research conducted and the results or the reason market research was not conducted.

Market Research was conducted by searching NASA SEWP V, GSA Advantage, and the open market for similar products. No results were found for similar products that offer the same online experience and published resources. The commercial marketplace does offer products that can be found in paperback format, but at a significantly higher cost. Wolters Kluwer Legal & Regulatory U.S. – CCH Incorporated was the only source found to offer books in an electronic format.

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

N/A.

10. A list of Sources, if any, that expressed, in writing, an interest in the acquisition.

CCH Incorporated

2700 Lake Cook Road

Riverwoods, Illinois 60015

11. A statement of actions, if any, that were taken to remove or overcome any barriers to completion.

The Contracting Officer will continue to conduct market research to ascertain the availability of other sources for competition in future acquisitions.

APPROVED BY:

Jared Hamblin, Contracting Officer, FAO Date