SSJF Signed Part I and Part II B-25809.pdf

Sole Source Justification Form

Version 7.01 Page 1 of 5

Bulletin Reference Number B-25809

Requesting Agency/University Illinois Department of Corrections

Sole Source Justification Form - Part I Section I - General Information

Department/Bureau/Section: Illinois Department of Corrections/Office of Adult Education and Vocational Services

Need Identified Date: Supply/Service Need By Date: January 1, 2022

Project Title: Law Library Book Collection Update

Vendor: West Publishing Corporation

Provide a description of the supplies or services required: Updating existing law books in Illinois Department of Corrections library

Value: Not to Exceed Value of Initial Term, this Change Order or Amendment: 7,901,592

Will this Sole Source amend a Professional or Artistic Services contract? Yes No

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Type: New Sole Economically Feasible Source

Section II - Proposed Term

One-Time Purchase Term Contract

Estimated Contract Begin Date: Jan 1, 2022

Estimated Contract End Date: Dec 31, 2024

Number of Potential Renewals: 0

Length of Each Renewal in Months: 0

Total Value of All Renewals: 0

If a Term Contract, does the term, including renewals, exceed 12 months? Yes No

If yes, provide a detailed justification including any economic benefit received for agreeing to a multi-year term:

West offered Office of Adult Education & Vocational Services a savings to go with a 3 year term opposed to a 1 year term.

1st year- $2,581,884.00, 2nd year- $2,633.520.00, and 3rd year- $2,686,188.00. The total contract amount is $7,901,592.00.

Section III - Funding Source Select the type of funding to be used (Check all that apply): State Appropriate Funds Federal Funds Other (Explain):

Section IV - Sole Source Justification

This purchase is economically only available from a single source primarily because it is: (If "Other" explain in one sentence)

Copyright protected proprietary material updates existing book series

Are there secondary justification(s) for this sole source? Yes No

Version 7.01 Page 2 of 5

Bulletin Reference Number B-25809

Requesting Agency/University Illinois Department of Corrections

Section V - Purchase History

Has the Agency or University Purchased these supplies or services in the past? Yes No

Term Term From Term To Value Description Contract Number Type

1 Jan 1, 2019 Dec 31, 2021 7,519,548 0419006 Sole Source

2 Dec 1, 2015 Nov 30, 2018 5,858,760 Sole Source

3 Dec 1, 2014 Nov 1, 2015 1,884,232 Sole Source

4 Dec 1, 2013 Nov 30, 2014 1,581,973 Sole Source

5 Dec 1, 2012 Nov 30, 2013 1,501,904 Sole Source

6 Dec 1, 2011 Nov 30, 2012 1,559,347 Sole Source

7 Dec 1, 2010 Nov 30, 2011 1,920,352 Sole Source

8 Jul 1, 2010 Oct 31, 2010 334,632 Sole Source

9 Jul 1, 2009 Jun 30, 2010 1,180,395 Sole Source

10 11/1/2008 Jun 30, 2009 631,922 Sole Source

If more than 10, or if other comments, explain:

Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

The Illinois Department of Corrections is required by Statutes and U.S. Constitution to provide access to the courts. This requirement is met by providing access to law library services. IDOC operates 32 law libraries with primary legal information sources on the shelves.

2. Provide a list and describe in detail the specifications required to satisfy the need:

Each facility house a law library with an original core law book collection. The books are periodically updated.

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

Illinois Department of Corrections facility's used donated law book series, when available, to start collections. By statutes and U.S.

Constitution the access to federal and state courts require most current legal documents to be available for individuals in custody. Due to copyright/proprietary nature of those legal documents they can only be kept current with updated/supplemented material from publisher.

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

The Keynumber system is an indexing system created by West Publishing and proprietary. All West products are using "Keynumbers" immediately after the text of the law to help non-lawyer readers find similar cases for reference. This tool is essential to assist individuals in custody.

5. Has the Agency or University considered alternative supplies or services to satisfy their need? Yes No

Version 7.01 Page 3 of 5

Bulletin Reference Number B-25809

Requesting Agency/University Illinois Department of Corrections

5a. If yes, name the alternative vendors whose supplies or services were evaluated:

Lexis/Nexis Matthew Bender

5b. If yes, what were the alternatives for each vendor and why were they unacceptable? Be specific with regard to features, characteristics, requirements, capabilities and compatibility:

IDOC could have purchased some documents when starting up law library collections from Lexis/Nexis Matthew Bender and in that case updating of those also copyright protected series would be provided by that vendor. This contract is for updating books already on the shelves with the "Keynumbers". The huge book sets (100's of volumes in each series) would need to be purchased so the material IDOC is adding to it would refer to the core collection. IDOC is purchasing subscriptions. Some facilities have some Lexis/Nexis Matthew Bender law book series and those are being updated with Lexis/Matthew Bender products.

5c. Explain how the market evaluation was conducted?

*This evaluation is to determine available options within a market. If the evaluation is to determine quality or best suited option, this is not the appropriate source selection. Under no circumstances shall the evaluation consist of testing alternative options. These activities must be conducted in a competitive transparent environment (i.e. IFB or RFP).

In 2012 the Department issued an RFP that included a component covering electronic legal research capability (Lexis/Nexis kiosk).

Through the Video Visitation project libraries received legal kiosks - 1 or 2 per law library - and those are operational but will not provide the many individuals in custody with legal research needs appropriate level of access to courts mandated by Statutes and the U.S. Constitution.

6. Are there resellers or distributors?

Yes No N/A

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

Law book series price with updates are available on-line and was discussed with Thomson/Reuters Government Account Executive of Illinois. West Publishing submitted to IDOC different term and associated price options. The selected option is the best currently available.

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

Yes No

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

In the case the sole source is not approved the Department may be faced with law suits from individuals in custody quoting violation of the U.S. Constitution providing access to Federal and State courts.

10. Is there any additional information you would like to add to justify this sole source?

No

Version 7.01 Page 4 of 5

Bulletin Reference Number B-25809

Requesting Agency/University Illinois Department of Corrections

Section VII

Requesting Department Representative

Requesting Department Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

Date Nov 4, 2021

Printed Name A. Maria Miller E-mail Address maria.a.miller@illinois.gov

Phone Number 217-558-2200

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed)

E-mail Address jacenta.wilson@illinois.gov

Phone Number 217-558-2200 x 4123 Date Nov 10, 2021

Printed Name Jacenta Wilson

Agency Bureau/Division Head or University Purchasing Director and Not a Designee

SPO Approval and Signature Required

I have reviewed and understand the contents of this Sole Source Justification and agree with the State Agency or University determination.

I have reviewed and understand the contents of this Sole Source Justification and do not agree with the State Agency or University determination. As a result, the State Agency or University must explore other sourcing methods to satisfy their need.

State Purchasing Officer Signature Phone Number 217-622-3110 Date Nov 10, 2021

Printed Name Sandy E. Robinson II E-mail Address Sandy.Robinson@illinois.gov

Version 7.01 Page 5 of 5

Bulletin Reference Number B-25809

Requesting Agency/University Illinois Department of Corrections

Sole Source Justification Form - Part II Section I - General Information

Project Title Law Library Book Collection Update

Vendor West Publishing Corporation

Initial Date of Procurement Bulletin Posting Nov 10, 2021

Was a Sole Source hearing held per 30 ILCS 500/20-25?

Yes - Complete Section II and III below (Section II will only be visible when this option is selected)

No - Section II not required, go to Section III below Section III - CPO Approval and Signature Required

Based on my review, I authorize the Agency/University to proceed in accordance with the published Notice referenced above.

Based upon my review, I authorize the Agency/University to proceed with the following Changes.

Based on my review, the Agency/University is not authorized to proceed with this sole source as presented and my recommendation is that it be cancelled.

Other

CPO Signature CPO Phone 217-558-2231

Printed Name Ellen H. Daley Date

CPO E-mail Ellen.H.Daley@illinois.gov

Version 7.01 Page of Sole Source Justification Form - Part I Section I - General Information Will this Sole Source amend a Professional or Artistic Services contract?

If yes, what was the original contract value?

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Section II - Proposed Term If a Term Contract, does the term, including renewals, exceed 12 months?

If yes, provide a detailed justification including any economic benefit received for agreeing to a multi-year term:

Section III - Funding Source Select the type of funding to be used (Check all that apply):

Section IV - Sole Source Justification Are there secondary justification(s) for this sole source?

Section V - Purchase History Has the Agency or University Purchased these supplies or services in the past?

Term Term From Term To Value Description Contract Number Type Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

2. Provide a list and describe in detail the specifications required to satisfy the need:

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

5. Has the Agency or University considered alternative supplies or services to satisfy their need?

5a. If yes, name the alternative vendors whose supplies or services were evaluated:

5b. If yes, what were the alternatives for each vendor and why were they unacceptable? Be specific with regard to features, characteristics, requirements, capabilities and compatibility:

5c. Explain how the market evaluation was conducted?

*This evaluation is to determine available options within a market. If the evaluation is to determine quality or best suited option, this is not the appropriate source selection. Under no circumstances shall the evaluation consist of testing alternative options. These activities must be conducted in a competitive transparent environment (i.e. IFB or RFP).

5a. If no, why weren't alternatives evaluated?

6. Are there resellers or distributors?

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

8a. If yes, please provide details regarding future obligations and/or needs:

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

10. Is there any additional information you would like to add to justify this sole source?

Section VII Requesting Department Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed) SPO Approval and Signature Required Sole Source Justification Form - Part II Section I - General Information Was a Sole Source hearing held per 30 ILCS 500/20-25?

Section II - Sole Source Hearing Details The State posted to the Illinois Procurement Bulletin a description of the State's need, the justification for the sole source decision, and information regarding the opportunity to submit comments and testify at a public hearing. Notice of the hearing was also posted outside of the hearing room 48 hours prior to the hearing.

The public hearing was conducted for the purpose of receiving testimony regarding the sole source determination. The Hearing Officer recommends the following:

The following relevant documents are attached:

Section III - CPO Approval and Signature Required 9.0.0.2.20101008.1.734229 Ellen.H.Daley@illinois.gov

1st year- $2,581,884.00, 2nd year- $2,633.520.00, and 3rd year- $2,686,188.00. The total contract amount is $7,901,592.00.