J A_(Contract_SECHQ1-16-C-0140).pdf

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

100 F STREET, NE

WASHINGTON, DC 20549

OFFICE OF

OFFICE OF

ACQUISITIONS

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

RQ 65000-16-0127

J&A Number: 2016-0124

Upon the basis of the following justification as required by FAR 13.501(a), I hereby approve the issuance of the contractual action discussed below using other than full and open competition, pursuant to the authority cited herein.

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 Justification for other than full and open Competition.

2.Nature and Description of Action Being Approved:

The U.S. Securities and Exchange Commission (SEC) intends to award a sole source requirement for West legal print publications. This is a new contract action. This procurement is being conducted under FAR Part 13.5 – Test Program for Certain Commercial Items. The total estimated value of the contract, including all Options, shall not exceed $7 million dollars and the Contracting Officer reasonably expects that the offer will only include commercial items based on market research conducted and the nature of the services.

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

The requirement is for print legal publications published by West Law. These publications include federal and state legal information, statues and administrative rules and regulations, handbooks, reporters, treatises, and upkeep services.

The total estimated value of the contract is $215,000.00, which will use FY16 funds. The period of performance for the contract will be for 12 months.

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

The statutory authority permitting other than full and open competition is the Simplified Procedures for Certain Commercial Items, FAR Subpart 13.5 in accordance with 41 U.S.C. 1901.

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, West Publishing Corporation.

There are no other sources that can provide the publications.

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.

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 West Publishing Corporation in accordance with FAR 5.201. The SEC will review any responses that are received.

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 of the market research conducted and the results or a statement of the 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 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:

There have been no other sources that have expressed interest in this procurement. If any sources express interest in https://acquisition.gov/far/current/html/Subpart%205_2.html#wp1107980 https://acquisition.gov/far/current/html/Subpart%205_2.html#wp1107990 the future, a list of sources will be maintained in the contract file.

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

12. Required Signatures:

TECHNICAL & REQUIREMENTS CERTIFICATIONS

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

(Signature) _______________________________ Ed Padula Branch Chief, Information Services

CONTRACTING OFFICER CERTIFICATION I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort exceeds $150,000 but does not exceed $700,000, this certification serves as APPROVAL.

(Signature) _______________________________ Anke Taylor Contracting Officer