JUSTIFICATION_FOR_OTHER_THAN_FULL_AND_OPEN_COMPETITION.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisitions Regulation (FAR) Subpart 6.302-1, the National Labor Relations Board (NLRB) has determined the use of other than full and open competitive procedures is justified for this procurement action to William S. Hein & Co.

1. Identification of the contracting activity (e.g., Office, Division, etc.) and specific identification of the document as a “Justification for other than full and open competition.”

OCIO Library Section; this is justification for other than full and open competition.

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

Publisher is the only responsible source for providing full-text law reviews, proprietary online subscription service, containing older law reviews and other legal materials in image-based format journals beginning with volume one.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

NLRB users must have continued and unlimited access through the Internet and print materials.

Estimated value is $ 16,695.00.

4. 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.253(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The publisher is the sole provider and copyright holder of Hein Core Collection and US Congressional Documents with Federal Agency subscription at a savings to the government. A notice was published to FBO.gov on 5/9/2016 of the NLRB’s intent to award a sole-source procurement to William S. Hein & Co for the subscription services. No responses were received.

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

A notice was published to FBO.gov on 5/9/2016 of the NLRB’s intent to award a sole-source procurement to William S. Hein & Co for the subscription services. No responses were received

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

The prices, representing open market items, have been checked with the current commercial market and determined to be fair and reasonable. Additionally, prices have been compared to previous Purchase Order pricing.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Although HeinOnline is the best online full-text coverage of law review articles and the only online source for older articles, a market research was conducted. A search was conducted for full-text law review articles, image-based PDF format, from inception and is fully searchable. We discovered that Westlaw and Lexis law review articles are full-text but coverage varies from journal to journal and begins in the mid-1980.

9. Any other facts supporting the use of other than full and open competition, such as:

There are three major online sources for full-text legal articles: HeinOnline and the law review article resources on Westlaw and Lexis. HeinOnline's "Law Journal Library" is vastly more comprehensive than the full-text sources on Westlaw and Lexis. Westlaw and Lexis law review articles have selective coverage. Close-to-full coverage (almost all articles from many journals) generally begins in the 1990’s.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

A notice was published to FBO.gov on 5/9/2016 of the NLRB’s intent to award a sole-source procurement to William S. Hein & Co for the subscription services. No responses were received

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Prior to initiating any subsequent acquisitions for the required services, the NLRB will consider full and open competition for next award.

Certification

The information contained in this justification for other than full and open competition is certified accurate and complete to the best of my knowledge and belief.

Acquisition Initiator:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

_/s/_____________________________________ __________ Signature Date

Contracting Officer:

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

/s/ Signature Date