JA Sole Source - TARL - W9124J-22-R-TARL - 9 Sep 2022V2_Redacted.pdf

MICC Control No: 2022-15 Contractor: Relx, Inc

Trial Advocacy Resource Library Publications: W9124J-22-R-TARL

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Small Business Professional:

_ Date: See Digital Signature

MICC Legal Counsel:

_______ Date: See Digital Signature

Trial Advocacy Resource Library Publications: W9124J-22-R-TARL

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FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command, Fort Sam Houston (MICC-FSH), 2205 Infantry Post Road, JBSA Fort Sam Houston, Texas 78234-1361.

2. Description of Action: The Office of the Judge Advocate General (OTJAG) request a Firm-Fixed-Priced (FFP) contract to purchase of 150 sets of legal publications on a sole source basis for the Trial Advocacy Reference Library (TARL). The Government projects award for September 2022 and Fiscal Year 2022 (FY22), Operations and Maintenance funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: OTJAG requires the purchase of the following quantity sets of the Trial Advocacy Resource Library (TARL). Each set of the TARL consists of the following seven legal textbook publications:

Required TARL Legal Textbook Publications

Description ISBN # Quantity

Sexual Assault Trials, 5th Edition (Pub # 61175)

ISBN: 9781663317070

Military Evidentiary Foundations, 6th Edition (Pub # 66895)

ISBN: 9781522109419

Military Rules of Evidence Manual, 9th Edition (Pub #66911)

ISBN: 9781522197584

Court Martial Procedure, 5th Edition (Pub # 62410)

ISBN: 9781522151982

Cross-Examination Science and Techniques, 3rd Edition (Pub # 65985)

ISBN: 9781632843913

Military Criminal Justice: Practice and Procedure, 10th Edition (Pub # 66928)

ISBN: 9781522152002

Trial Advocacy Resource Library Publications: W9124J-22-R-TARL

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this point, no alternate books have been approved.

c. Impact. The loss of the TARL as a research tool would leave new litigation counsel without a crucial informational resource for a period until a decision is made by the Judge Advocate General whether to use different books titles. In the absence of the TARL, new counsel would be left without an essential resource for a period, which, would negatively impact mission execution. During this time, OTJAG would lose a vital capability and function performed by newly appointed litigation counsel. Furthermore, the loss of this resource, for even a short period of time, would negatively impact the quality of work performed. Failure to provide the TARL would detrimentally impact the ability of trial advocates to effectively prosecute or defend clients across the Army. Trial advocates are responsible for the prosecution and defense of the full range of trial cases throughout the Army. A lack of the TARL could potentially decrease the completion rates of cases and increase settlement costs by millions of dollars. The approved publication titles contained in the TARL are essential to OTJAG operations and no other resource is available to meet this requirement.

6. Efforts to Obtain Competition:

a. Effective Competition: A Sources Sought Notification (SSN) was published on 21 Aug 2022 on the SAM.gov website giving prospective vendors until 02 Sep 2022 to respond to this contract opportunity. No vendors responded to the SSN.

b. Subcontracting Competition: There are no subcontracting opportunities related to this work.

7. Actions to Increase Competition: No actions to increase competition can be taken at this time.

8. Market Research: As mentioned in paragraph 6, a Sources Sought Notification (SSN) was published on 21 Aug 2022 on the SAM.gov website giving prospective vendors until 02 Sep 2022 to respond to this contract opportunity. No vendors responded to the SSN. Internet searches reveal that some of the publications are available for purchase individually through third-party retailers on sites such as Amazon.com and AbeBooks.com, however not all seven of the required textbook publications are available for purchase from these retailers in the quantities required. GSA contracts GS-02F- 0048M and GS-00F-178DA were reviewed through the GSA Federal Acquisition Service.

Although RELX/LexisNexis is the listed contractor for these multiple award schedules, none of the required publications are offered through either contract. An additional query was conducted for government-wide contracts at https://www.contractdirectory.gov; no vehicles came back matching the publishing requirements. Therefore, this requirement will be awarded as a Sole Source to RELX, INC., 9443 Springboro Pike, Miamisburg, Ohio 45342-4425. Cage Code: 1VVN8; DUNS: 87767268. This vendor is other than small business.

Trial Advocacy Resource Library Publications: W9124J-22-R-TARL

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9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History. Current procurement history is provided below:

Contract Number Type of Set-Aside

Product Contract Amount Contractor

W9124J-21-P-0013 Sole Source Authority:

FAR

13.106- 1(b)(1)

$117,000 /Firm Fixed Price

Relx, Inc.

W15QKN-20-P-0063 Sole Source Authority:

FAR

13.106- 1(b)(1)

$116,325 /Firm Fixed Price

Relx, Inc.

W15QKN-19-P-0044 Sole Source Authority:

FAR

13.106- 1(b)(1)

$111,000 /Firm Fixed Price

Lexis-Nexis Reed Elsevier

W15QKN-18-F-0006 Sole Source Authority:

FAR 8.405-

6(a)(1)(i)(B)

$84,750.00 /Firm Fixed Price

Lexis-Nexis Reed Elsevier

W15QKN-15-F-0052 Sole Source Authority:

FAR 8.405-

6(a)(1)(i)(B)

$53,500.00 /Firm Fixed Price

Lexis-Nexis Reed Elsevier

W15QKN-15-F-0067 Sole Source Authority:

FAR 8.405-

6(a)(1)(i)(B)

$97,200.00 /Firm Fixed Price

Lexis-Nexis Reed Elsevier

W91WAW-12-C-0054 Sole $70,000.00 Lexis-Nexis

Trial Advocacy Resource Library Publications: W9124J-22-R-TARL

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Source Authority:

FAR 6.302-

1(b)(1)(i)

/Firm Fixed Price

Reed Elsevier

W91WAW-10-P-0287 Sole Source Authority:

FAR 6.302-

1(b)(1)(i)

$69,883.50 /Firm Fixed Price

Lexis-Nexis Reed Elsevier

Note: Lexix Nexis is currently owned by Relx Group (formerly known as Reed Elsevier); Reed Elsevier previously acquired Matthew Bender

(b) Other Notes: None

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Date: See Digital Signature

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Date: See Digital Signature

Trial Advocacy Resource Library Publications: W9124J-22-R-TARL

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13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Per FAR 15.404-1(b)(2) and FAR 15.404-1(c) (2)(iii), the basis for this determination will be through cost and price analysis and use of an Independent Government Estimate.

Certified cost and pricing data will not be required per FAR 15.403-1(b)(3) because the service being acquired has been determined to be commercial in nature.

Date: See Digital Signature

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date: See Digital Signature

Trial Advocacy Resource Library Publications: W9124J-22-R-TARL

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Approval

Based on the foregoing justification, I hereby approve the procurement of the Purchase of the legal publications on a sole source basis for the Trial Advocacy Reference Library (TARL) pursuant to the authority of the Simplified Procedures for Certain Commercial Items, Title 41 United States Code §1901 as implemented by Federal Acquisition Regulation 13.5, in support of the Office of the Judge Advocate General (OTJAG). The estimated value of the contract is $255,300.00. The approval is subject to availability of funds, and provided that the supplies or property herein described have otherwise been authorized for acquisition.

_________ Date: See Digital Signature Sylvia Farmer Contracting Officer