B04_BNA_JOFOC_FY19_Redacted.pdf

NATIONAL LABOR RELATIONS BOARD

Justification and Approval for Other than Full and Open Competition

Upon the basis of the following justification, I, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 41 U.S.C. 253( c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

(1) Identification of the agency and the contracting activity.

The National Labor Relations Board, Office of the Chief Information Officer (OCIO), Library Section proposes to enter into a contract on a basis of other than full and open competition.

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

This action is for the sole source acquisition of online access to legal periodicals and online legal research products. This contract will be awarded to BNA in its capacity as a leading publisher of print and electronic news and information, reporting on developments in labor relations, law, and economics.

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

This requirement is for an enterprise-wide web-based subscription to the BNA Daily Labor Report and a 350 user license to the Bloomberg’s LABOR & EMPLOYMENT PRACTICE CENTER including core labor treatises.

The Daily Labor Report subscription provides detailed reporting on the day's employment-related developments nationwide. The Report includes coverage of Congress, the courts, the Department of Labor, NLRB, EEOC and other government agencies, state actions, union organizing, and more. It also includes economic news, labor statistics, international-labor trends, and key developments. The Labor Employment Practice Center subscription provides analysis on Labor Arbitration, Fair Employment Practices, Individual Employment Rights, Americans with Disabilities Act Cases, Collective Bargaining, Wages and Hours Cases, a EEO Compliance Manual, and Practice Tools. The subscription allows 24/7 access to the Daily Labor Report for all agency staff and access to the Labor Employment Practice Center for up to 350 users.

The total estimated value of this procurement is $1,279,150 for a 12-month base year with two one-year option years.

(4) An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition for this effort is 41 U.S.C. 253(c)(1). as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “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.

BNA is uniquely qualified to provide the subscription services because they are the sole provider and copyright holder of the Daily Labor Report and the treatises included in the Labor Employment Practice Center, which include the mission critical Developing Labor Law, How Arbitration Works, and How to Take a Case Before the NLRB.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

In accordance with FAR 5.201, a notice of the Government's intent to issue a sole source contract to BNA was posted to FedBizOpps on 8/17/2018. The Government did not receive any response or challenge from industry to this notice by the due date. Further, in accordance with FAR 6.305, the approved justification will be made publicly available on FedBizOpps within 14 days after contract award.

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

The Contracting Officer will ensure that the final negotiated price for the contract is fair and reasonable by using price analysis techniques found in FAR 13.106-3(a)(2), to include a comparison with the respective Independent Government Estimate(s) and historical information.

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

Although BNA is the sole publisher of the required subscription, market research was conducted in various legal resources, business databases, and relevant web sites. BNA is the copyright holder of the Daily Labor Report and Labor Employment Practice Center.

Additionally, access to this package of resources was held by the Agency in previous years. At the end of FY18, the subscription was cut, and the Agency attempted to fill the gap in coverage of legal news and research from print and other online resources. These efforts proved to be inadequate.

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

None.

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

None.

(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.

The duration of this contract has been limited to the maximum extent practicable. The Government will more frequently review its requirement and continue to survey the marketplace to identify potential sources that can perform this requirement if it is ever determined that BNA is not the sole publisher of the required subscription services.

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.

Chief Librarian Date

Contracting Officer:

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

Contracting Officer Date

Reviews and Approvals

Competition Advocate:

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.

8/27/18

Date Competition Advocate

8/24/2018