DON SAP Single Source Request REV2_Redacted.pdf

DON SAP SINGLE SOURCE

AUG 2018

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

a. The Naval Facilities Engineering Command Washington (NAVFAC Washington) seeks to procure access to LexisNexis, a computer-assisted legal research service in support of the overall operational objectives. Services include: (1) Comprehensive access to government contract resources, including court and administrative decisions and including any leading treatises, books, newsletters, briefings and periodicals. (2) Ability to download copies of pleadings, complaints, briefs, and other filings in federal courts. (3) U.S. law reviews, annuals and periodicals, etc. Additionally, service must be available 24 hours per day and 7 days a week.

b. The period of performance for this action is to read as follows:

Period of Performance: 12 months (base period) with four (4) 12-month option year periods)

Total Estimated Award Amount:

Base Period:

Option Period 1:

Option Period 2:

Option Period 3:

Option Period 4:

Estimated Total:

Note: A contract has not been negotiated at this time and all dollar values shown in this document are estimates derived from historical contract price data.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING :

A. _X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. _X_ OTHER REASONS.

The Naval Facilities Engineering Command Washington (NAVFAC) Washington initially procured the computer-based legal research services “LexisNexis” service on 01 June 2014 including one (1) Base Year and Four (4) Option Years under contract: N40080-14-P-0313.

The contract was awarded again 01 June 2019 for one (1) Base Year and four (4) Option Years under contract: N40080-19-P-0316. The contract will expire 31 May 2024. Pursuant to 10 U.S.C. 2304(c)(1), Circumstances Permitting Other Than Full and Open Competition, as implemented by Federal Acquisition Regulation (FAR) 6.302-1, NAVFAC Washington seeks to solicit Relx Group (the current contractor) as this firm has demonstrated reliability and is capable of fulfilling the governments needs as one the limited sources to provide Computer Assisted Legal Research (CALR) Service. It is requested that this be a sole source procurement due to Relx Group’s position of supporting this requirement for the past 10+ years. Replacement of this company would require significant training and created a detrimental situation for the sensitive activities of the commands legal department.

B. BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

V. CERTIFICATIONS/APPROVALS:

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Date