SF 1012 - SAM.pdf

DEPARTMENT OF THE TREASURY

LIMITED-SOURCES JUSTIFICATION

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

Treasury Standard Form – 1012 (Rev 9/23)

Prescribed by Treasury: DTAP 1008.405-6

Tracking No.

☐ FAR 8.405-6(b) – Items peculiar to one manufacturer. (i.e., Brand Name specifications)

4.b Supporting Rationale:

The proposed contractor’s unique qualifications and the nature of the acquisition requires the use of the authority cited as follows:

i. LexisNexis® is the sole provider of LexisNexis research solutions, including feature and functionality, found on the Lexis+ platform.

ii. LexisNexis® Accurint and Risk Management solutions are exclusive to LexisNexis, utilizing proprietary Courtlink Reports to deliver unparalleled connections and results.

iii. The Government currently uses the proposed contractor’s licenses in conducting risk assessments and background reviews for subjects of audits and investigations. These licenses have been in use by TTB since at least FY2016 and continued use supports the Government’s need for continuity of operations.

iv. All personnel have been trained in the use of these licenses allowing for continuity of operations with no lapse in productivity.

5. A determination by the ordering activity Contracting Officer that the order or BPA represents the best value consistent with FAR 8.404(d):

The Contracting Officer has determined that the purchase order represents the best value consistent with FAR 8.404(d) and lowest overall cost alternative to meet the Government’s needs based on obtaining pricing information from the proposed contractor for the purposes of conducting a price analysis.

6. A description of the market research conducted among schedule holders and the results or a statement why market research was not conducted:

Treasury Mandatory Sources must be considered in accordance with DTAP part 1008 as well as small businesses in accordance DTAP 1008.405-5.

Market research was conducted by the Contracting Officer and Program Office between December 2023 and January 2024. After a Sources Sought posting was posted to SAM.gov for 18 days, a small business competitor, Questivity, responded with a capabilities statement.

The Capabilities Statement was forwarded to the COR to determine if Questivity would be able to provide competition however, the COR did not find Questivity to be an appropriate competitor due to the reasons listed in the SF 1010 Market Research Summary Report.The results of the market research supported the Government’s determination to obtain these services under a sole source basis. Refer to the SF 1010 Market Research Summary Report for specific details.

7.a Any other facts supporting this justification:

On December 20, 2023, a letter was received from of LexisNexis confirming that they are the sole provider of LexisNexis research solutions, including feature and functionality, found on the Lexis+ and CourtLink® platforms. In addition, LexisNexis is the exclusive provider of LexisNexis Corporate Affiliations™, Matthew

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

Bender™ publications, Mealey’s® Publications, LexisNexis Headnotes, and the Shepards® Citation Service. Further, the Public Records solutions are exclusive to LexisNexis, utilizing proprietary Smartlinx® Reports to deliver unparalleled connections and results.

7.b Attachments: ☐ Yes ☒ No

8. A statement of the actions, if any, the Requiring Activity and Contracting Activity may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for the supplies and services is made:

In accordance DTAP 1008.002, Treasury mandatory sources were researched, and no waiver is required. Acquisition Gateway was then reviewed identifying GSA MAS IT- Tier 3-BIC as possible sources. Market research through internet searches by TTB’s COR, to determine the IGCE.

In accordance with FAR subpart 5.2, a Sources Sought posting was posted to SAM.gov on 12/19/2023 and closed on 1/5/2024 with a capabilities statement received from Questivity Inc, and was submitted to the COR for evaluation of a possible contracting opportunity. On 1/9/2024, Technical Point of Contact (TPOC) evaluated the submission by Questivity stating that:

“It looks to us that the capability statement that you attached would not meet our requirements. The statement describes Questivity as being an IT Solutions firm with “a very strong Data center, Enterprise networking, Wireless and Business applications practice.”

TTB’s Office of the Chief Counsel is specifically seeking a sophisticated online legal research platform with pre-set legal research functionality permitting case history, legislative history searches, access to both primary and secondary legal research sources such as law review articles etc. and an interface between the docketing tool and the case search tool among other things. Access to a strong data center and networking would not meet our legal research requirements. As such, Questivity’s Capability Statement is not acceptable.”

As a result, approval of this limited source provides the Government the necessary time to complete the evaluation process and make a new award.

9. Certifications and Approvals:

9.a Program Office Certification (Requiring Activity). I hereby certify that any supporting information and data provided (e.g., the Government’s minimum needs or requirements, or other rationale for the limited sources) and which form the basis for this justification for an exception to fair opportunity, are accurate and complete to the best of my knowledge and belief.

Name: Date:

Signature:

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

9.b Contracting Officer Certification and Approval. I hereby determine the circumstances of this acquisition support the justification to acquire these supplies or services on a limited source basis. I also certify this limited-sources justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve the processing of this requirement on a limited-source basis.

Name: Date:

Signature:

10. Additional Reviews and Approvals (As applicable):

10.a Bureau Chief Information Officer or Authorized Designee (for IT requirements that are over $5 million, but not exceeding $75 million) (Contracting Activity). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief, and representative of the Government’s need. Therefore, I hereby consent to the approval of this justification. (Note: The Bureau CIO may delegate their authority for proposed contracts over $5 million, but not exceeding $15 million to the Associate Bureau CIO(s).)

Name: Date:

Signature:

10.b Advocate for Competition (if over $750,000, but not exceeding $15 million) (Contracting Activity). I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the ordering activity’s Advocate for competition, I hereby approve this limited-sources justification.

Name: Date:

Signature:

10.c Head of the Procuring Activity or Authorized Designee (if over $15 million, but not exceeding $75 million) (Contracting Activity). I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the head of the procuring activity or authorized designee, I hereby approve this limited-sources justification.

Name: Date:

Signature:

10.d Treasury Chief Information Officer (for IT requirements that are over $75 million).

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief, and representative of the Government’s need. Therefore, I hereby consent to the approval of this justification.

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

10.e Senior Procurement Executive (if over $75 million) (Contracting Activity). I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, I hereby approve this limited-sources justification.