P42 J and A Justification Attachment memo.pdf

Justification for other than Full and Open Competition

Legislative Tracking

1. Requesting Agency: U.S. Department of Housing and Urban Development

Nature and/or description of the action: The proposed action is a sole source contract with

CQ.COM (Congressional Quarterly) for legal research services in support of HUD Office of General

Counsel (OGC) functions. This is a Justification for Other than Full and Open Competition pursuant to the authority of FAR 6.302-1 “Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirement,”

2. A description of the supplies or services required to meet the agency's needs (including the estimated value): HUD requires the following tasks:

• Support access for OGC Headquarters, the Departmental Enforcement Center and

Regional Offices

• Research services will provide historical case studies, court rulings and law reviews under a fixed plan; and

• HUD OGC estimates this service will cost $45,000 for the Base Year.

3. An identification of the statutory authority permitting other than full and open competition.

This is a Justification for Other than Full and Open Competition pursuant to the authority of FAR

6.302-1 “Only One Responsible Source and No Other Supplies or Services will Satisfy Agency

Requirement”

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

CQ.COM is the only vendor who can provide legislative archives dating back to 1936. CQ also has legislative tracking and access to all parts of the policy process at the federal, state and local level.

5. 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.

Market research was conducted in search of firms who could provide the legal research. As a result, only 2 vendors, LexisNexis and Westlaw were identified that could provide similar services. Lexis and Westlaw materials only cover the Federal Register until 1980. OGC has a need to refer to materials that dates back since 1936. While both services have some similarities, it has been a longstanding view from the legal community that these vendors provide complimentary services;

services that must be used simultaneously to provide legal counsel with comprehensive research of the same topic. OGC has identified Congressional Quarterly as the only source that will provide

HUD headquarters and the field electronic word-searchable access to Congressional Records regarding legal rulings on various subject matter. Legal Materials include the Legal Materials include the Legal Classic Library, the U.S. Supreme Court Library, reports, opinions and http://cq.com/ http://cq.com/

Preliminary Prints, the Federal Register Library, U.S. Attorney General Library, U.S. General

Library for this procurement there was no additional effort beyond the market research to solicit any other sources for this work because the market research disclosed that there were no other available vendor have the knowledge skills and abilities.

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

The definitive price for this contract is deemed fair and reasonable.

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

Market Research was conducted among two additional companies; LexisNexis and Westlaw. These two companies are the standard legal research companies in the United States legal community.

The services that Lexis and West provides would complement and not duplicate the services required by OGC and provided by Congressional Quarterly (CQ.Com).

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

A listing of the sources, if any that expressed, in writing, an interest in the acquisition. None

9. 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.

Due to the nature of the legal research community, this requirement cannot be overcome by competition. Market limitations and cost are the only factors that drive this request for award to

CQ.Com.

10. Certification requirement: The undersigned hereby certifies that all of the supporting data, which form a basis for the justification, are complete and accurate.

Signature of Technical/Requirements Personnel Date

(HUD/Requiring Agency)

Procurements over $500,000 require approval from Competition Advocate. This justification has been reviewed and approved by the Competition Advocate.

Contracting Officer (CT CASU Contracting Officer) Date

This justification is accurate and complete to the best of the contracting officer's knowledge and belief. (revised May 27, 2008)

01/14/2021 http://cq.com/ http://cq.com/