Signed Sole_Source_Justification_-_e-Publishing_Interface_SBA.pdf

SOLE SOURCE JUSTIFICATION

Using Simplified Procedures for Certain Commercial Items (FAR 13.5)

1. Agency and Contracting Activity

This justification is prepared by the U.S. Small Business Administration (SBA), Office of Hearings and Appeals (OHA).

2. Nature and/or Description of the Action Being Approved

This action is a re-compete of a previously awarded sole source requirement to West Publishing Corporation (Westlaw), the incumbent contractor, for continued access to a proprietary e-publishing legal research interface supporting SBA’s legal adjudication functions on Solicitation: 47QACA25Q0229.

3. Description of Supplies or Services

OHA has a requirement for Westlaw Weblink. The Government’s requirement consists of acquiring public access to the full text of the SBA OHA’s decisions via a link from SBA OHA’s website.

The services include uninterrupted access to Westlaw’s proprietary legal research database, which is critical to SBA’s OHA operations. Westlaw’s proprietary data structure, citation tools, and algorithmic search capabilities uniquely enable accurate legal decisions that align with current precedent.

OHA must comply with regulation 13 § 134.205(f), which state, Decisions. OHA decisions are normally published without redactions on OHA's website. A decision may contain confidential business and financial information. This information is either decisional-significant or otherwise necessary for a comprehensible decision. If no protective order is in place, a party may request a redacted public decision by contacting OHA. If a protective order is in place, the Judge will usually issue the unredacted decision under the protective order and then a redacted version for public release.

Required delivery date: 9/01/2025

4. Statutory Authority

The authority cited for this sole source action is FAR 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Justification – Unique Qualifications of the Contractor

Specific characteristics of the requirement limit the availability to a brand name source. Only this suggested source can furnish the requirements, to the exclusion of other sources, for the following reasons:

Only One Source is Capable: West Publishing is the proprietary owner of Westlaw Weblinks, and as such, access to their platform needs to be directly through Westlaw as they do not work through any other

Docusign Envelope ID: 3280DDC0-3165-44FB-A486-11EE6C73F33C vendors. Westlaw currently has approximately 6,600 SBA OHA’s published decisions and provides the ability to have a combination of services in one place. Renewal through any other source would require file transfers as well as a change of the external SBA site link. Lack of continuity in these services would impair OHA’s ability to serve the public.

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

This acquisition is for a recompete of an existing requirement. West Publishing is the proprietary owner of Westlaw Weblinks. Westlaw weblinks are essentially shortcuts that allow users to directly access specific content or functionalities within the Westlaw legal research platform. These links can point to individual documents, KeyCite information, databases, or search queries. They are a way to streamline research by providing quick access to relevant materials. A Westlaw weblink might direct a user to a specific case, a particular section of a legal treatise, or the results of a search for all cases related to a specific legal issue.

Market research determined that no other vendor could provide the necessary features under acceptable conditions. In accordance with FAR 5.203(b) and FAR 13.501(a)(1)(ii), a Notice of Intent to Sole Source will be published in SAM.gov for seven (7) calendar days to provide public notice while supporting the target award date of September 1, 2025. A file memo justifying the reduced posting period will be retained.

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

The Contracting Officer determines the anticipated cost will be fair and reasonable based on internet research, historical documents, and IGE.

8. Description of Market Research.

Prior market research conducted by SBA’s former Contracting Officer revealed no small business sources with comparable offerings. Although one other large business was identified, transitioning platforms would incur additional technical implementation costs, data migration expenses, document reformatting, and significant workflow disruption.

9. Any other facts supporting the use of sole source.

Awarding to another vendor would result in major system changes requiring extensive data conversion, repository rebuilding, and staff retraining. Such a transition would impair mission readiness, disrupt public service, and create substantial risk of data integrity loss. These concerns align with FAR 6.302-1(b) (1)(ii), which allows sole source acquisitions when only one source can fulfill agency needs without unacceptable delays or costs.

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

None.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

This acquisition does not exceed the period necessary to transition to a competitive environment, if feasible, for future requirements. Market research will be periodically updated to assess the potential for competition in the legal research service market.

12. Certification

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.

Jureka Hightower, SBA Program Official

Office of Hearings and Appeals

Cristina Colón-Más GSA, Contracting Officer

Collette Scott GSA, Branch Chief