J&A_(50310218P0037).pdf

UN1TID S TATFS

SECURITIF~ AND CHANGE COMIVIISSION

~ 100 F S"I'REET, NE

WASHIlVGTON, DC 20549

OFFICE OF

ACiQ UISiT10NS

JUSTIFICATION FOR SOLE SOURCE ACQUISITION

RQ 65000-18-0054

J&A Number: 2018-0048

Upon the basis of the following just cation, I, as the Contracting Officer, hereby approve the use of limited competition of the proposed contractual action pursuant the authority of FAR Part

13.5 in accordance with 41 U.S.C. 1901, only one responsible source and no other supplies or services will satisfy agency Requirements.

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."

U.S. Securities and Exchange Commission

100 F Street, NE Washington, DC 20549

This document serves a Just cation for a sole source justification.

2. Nature and Description ofAction Being Approved:

The U.S. Securities and Exchange Corruiussion (SEC) intends to award a contract on a sole source basis to CCH Incorporated for legal print publications. The total estimated value of the contract is ~, which will use FY 18 funds. The period of performance for the contract will be for 12 months.

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

The requn-ement is for print legal publications published by CCH Incorporated, including

89 copies of the Federal Securities Law Reporter 5-volume set and 1 copy of the 8-vohzme set, and several other publications covering areas of Securities Regulation. These publications provide narrative analysis and evaluation of current legal problems, case law, regulations, and statutes.

4. An Identification of the statutory Authority for Other Than Full and Open Competition:

FAR Part 13.5 in accordance with 41 U.S.C. 1901, only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the proposed contractor's unique qualifications or nature of the acquisition requires use of the authority cited:

The publications are under copyright protection and only available from the publisher, CCH Incorporated. There are no other sources that can provide the publications.

6. A description ofef~'orts 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.

The SEC Office of Acquisitions (OA) posted a Synopsis on FedBizOpps with notice of the SEC's intent to award a sole source procurement to CCH Incorporated in accordance with

FAR 5.201. The SEC did not receive any responses to the notice.

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

The anticipated cost to the government is determined to be fair and reasonable. The prices are based on the contractor's commercial prices and the prices are comparable to other government contracts for similar nature legal print publications.

8. A description ofthe market research conducted and the results or a statement ofthe reason market research was not conducted:

Market research included Internet searches to determine if there are any resellers that provide the publications. No other sources were identified.

9. Any otherfacts supporting the use ofotherthan full and open competition:

None.

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

There have been no other sources that have expressedmterest in this procurement. If any sources express interest in the future, a list of sources will be maintained in the contract file.

11. A statement ofthe 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 SEC will perform market research for future acquisitions of these publications for the purpose of verifying the sole source nature of this requirement.

12. Re quire d Signature s

TECHNICAL &REQUIREMENTS CERTIFICATIONS

I certify that the facts and representations which form the basis for this justification are accurate and complete.

CONTRACTING OFFICER CERTIFICATION

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

Since this effort exceeds $150K but does not exceed $700K, this cert~cation serves as

APPROVAL.