NLRB's $8.66M PACER subscription for FY2021 highlights reliance on a sole-source provider for essential legal research

Contract Overview

Contract Amount: $8,662 ($8.7K)

Contractor: Pacer Service Center

Awarding Agency: National Labor Relations Board

Start Date: 2020-10-01

End Date: 2021-09-30

Contract Duration: 364 days

Daily Burn Rate: $24/day

Competition Type: NOT COMPETED

Number of Offers Received: 1

Pricing Type: FIRM FIXED PRICE

Sector: Other

Official Description: FY2021 PACER SUBSCRIPTION

Place of Performance

Location: CHARLOTTE, MECKLENBURG County, NORTH CAROLINA, 28272

State: North Carolina Government Spending

Plain-Language Summary

National Labor Relations Board obligated $8,661.7 to PACER SERVICE CENTER for work described as: FY2021 PACER SUBSCRIPTION Key points: 1. The contract represents a significant expenditure for a single-purpose subscription service. 2. Lack of competition suggests potential for above-market pricing and limited innovation. 3. The sole-source nature raises concerns about the government's ability to secure the best value. 4. Performance is tied to the availability and functionality of the PACER system. 5. This spending falls within the broader category of IT services, specifically data access and publishing. 6. The contract duration aligns with a single fiscal year, indicating recurring needs.

Value Assessment

Rating: questionable

Benchmarking the value of the PACER subscription is challenging due to its unique nature as a government-mandated service. However, the absence of competition for this specific contract raises questions about whether the National Labor Relations Board (NLRB) secured the most cost-effective solution. Without alternative providers or competitive bids, it's difficult to assess if the $8.66 million spent represents fair market value or if efficiencies could have been achieved through a more competitive process. The fixed price nature of the contract provides cost certainty but does not inherently guarantee value.

Cost Per Unit: N/A

Competition Analysis

Competition Level: sole-source

This contract was not competed, indicating a sole-source award. The PACER Service Center is the designated provider for PACER access, which is mandated by law. This means there was no opportunity for other vendors to bid on providing this service, and the government did not explore alternative solutions or pricing structures through a competitive bidding process. The lack of competition limits price discovery and potentially reduces the incentive for the sole provider to offer the most competitive rates.

Taxpayer Impact: Taxpayers are likely paying a premium due to the absence of competitive pressure. The government's inability to solicit bids means it cannot leverage market forces to drive down costs for this essential legal research tool.

Public Impact

Attorneys and staff at the National Labor Relations Board benefit from access to case law, dockets, and other court documents. The service supports the NLRB's mission of enforcing labor laws and protecting workers' rights. Geographic impact is nationwide, as all NLRB offices rely on PACER for legal research. The contract supports the operational efficiency of the federal agency responsible for labor relations.

Waste & Efficiency Indicators

Waste Risk Score: 50 / 10

Warning Flags

Sole-source award limits price discovery and potential cost savings.
Reliance on a single provider may create vendor lock-in.
Lack of competition could stifle innovation in data access services.

Positive Signals

Provides essential access to legal research materials for NLRB operations.
Contract ensures continuity of service for a critical government function.
Fixed price contract offers budget predictability for the agency.

Sector Analysis

The PACER subscription falls under the Information Technology sector, specifically focusing on data access and online publishing. The market for legal research databases is competitive, with numerous private providers offering similar services. However, PACER is a unique government-managed system mandated for federal court records. Comparable spending benchmarks are difficult to establish as private sector solutions often bundle services differently or target different user bases. The $8.66 million represents a significant investment in maintaining access to this specific government-provided legal information infrastructure.

Small Business Impact

This contract was awarded directly to the PACER Service Center and did not involve any small business set-asides. As a sole-source award for a government-mandated service, there were no subcontracting opportunities for small businesses related to this specific contract. The impact on the small business ecosystem is negligible as the award was not designed to foster small business participation.

Oversight & Accountability

Oversight for this contract would primarily reside with the National Labor Relations Board's contracting officers and program managers. Accountability measures are inherent in the fixed-price nature of the contract, requiring the vendor to deliver the specified service. Transparency is limited due to the sole-source award, as the justification for the non-competitive procurement is not publicly detailed. There is no indication of specific Inspector General jurisdiction beyond the general oversight of federal agency spending.

Related Government Programs

PACER Access Fees
Legal Research Services
Federal Court Document Access
IT Subscriptions
Government Data Portals

Risk Flags

Sole-source award
Lack of competition
Potential for above-market pricing

Frequently Asked Questions

What is this federal contract paying for?

National Labor Relations Board awarded $8,661.7 to PACER SERVICE CENTER. FY2021 PACER SUBSCRIPTION

Who is the contractor on this award?

The obligated recipient is PACER SERVICE CENTER.

Which agency awarded this contract?

Awarding agency: National Labor Relations Board (National Labor Relations Board).

What is the total obligated amount?

The obligated amount is $8,661.7.

What is the period of performance?

Start: 2020-10-01. End: 2021-09-30.

What is the historical spending trend for PACER subscriptions by the National Labor Relations Board?

Historical spending data for NLRB's PACER subscriptions indicates a consistent need for this service. While the specific figure of $8.66 million is for FY2021, previous years likely show similar expenditures, reflecting the ongoing requirement for access to federal court records. Analyzing spending over multiple fiscal years would reveal if costs have remained stable, increased, or decreased. Without access to prior year contracts or detailed spending reports, it's difficult to provide precise historical figures. However, the nature of legal research suggests a continuous demand, implying sustained budgetary allocation for PACER access across different administrations and fiscal periods.

How does the cost of this PACER subscription compare to similar government-wide contracts for legal research or data access?

Direct comparison of this PACER subscription cost to other government-wide contracts for legal research or data access is challenging due to the unique nature of PACER. PACER is a congressionally mandated system for accessing federal court records, operated by the PACER Service Center. Unlike commercial legal databases (e.g., Westlaw, LexisNexis), PACER primarily charges for document retrieval and electronic filing, not for access to curated legal analysis or advanced research tools. Therefore, a direct cost-per-user or cost-per-feature comparison is not feasible. The $8.66 million represents the total cost for the NLRB's anticipated usage and access needs for a fiscal year, which is distinct from the pricing models of private legal research vendors.

What are the primary risks associated with a sole-source contract for essential IT services like PACER access?

The primary risks associated with a sole-source contract for essential IT services like PACER access include potential overpricing, lack of innovation, and reduced accountability. Without competition, the sole provider faces less pressure to offer the most cost-effective rates, potentially leading to higher expenditures for the government. Innovation may stagnate as there is no competitive incentive to improve services or develop new features. Furthermore, accountability can be weakened; if the service falters or prices increase, the government has limited leverage to seek alternatives or negotiate better terms. Vendor lock-in is also a significant risk, making it difficult and costly to switch providers even if performance issues arise.

What is the expected performance standard or service level agreement for the PACER subscription?

The specific performance standards or service level agreements (SLAs) for the PACER subscription are not detailed in the provided data. However, as a congressionally mandated service, the PACER Service Center is expected to maintain high levels of availability, reliability, and security for accessing federal court electronic case files. Performance would typically be measured by system uptime, data accuracy, search functionality, and responsiveness. The contract's fixed-price nature implies that the vendor is responsible for delivering these services consistently throughout the contract period. Any significant degradation in service could lead to discussions about contract compliance, though formal SLAs are not publicly detailed for this specific type of government-managed service.

How does the NLRB ensure the effective utilization of PACER funds beyond just subscription costs?

The National Labor Relations Board (NLRB) likely ensures effective utilization of PACER funds through internal policies and training for its legal staff. Beyond the subscription cost, effective utilization involves ensuring that attorneys and paralegals are trained to use PACER efficiently for research, document retrieval, and case management. This includes understanding search functionalities, cost-saving measures within the platform, and adhering to any internal guidelines on research scope. The agency's management would monitor research needs and potentially track usage patterns to ensure that the investment in PACER directly supports case processing and legal strategy, thereby maximizing the value derived from the allocated funds.

Industry Classification

NAICS: Information › Other Information Services › Internet Publishing and Broadcasting and Web Search Portals

Product/Service Code: PHOTO, MAP, PRINT, PUBLICATION › PHOTOGR, MAPPING, PRINTING, PUBLISH

Competition & Pricing

Extent Competed: NOT COMPETED

Solicitation Procedures: ONLY ONE SOURCE

Offers Received: 1

Pricing Type: FIRM FIXED PRICE (J)

Evaluated Preference: NONE

Contractor Details

Address: 7550 IH 10 W, STE 600, SAN ANTONIO, TX, 78229

Business Categories: Category Business, Government, U.S. National Government, Not Designated a Small Business

Financial Breakdown

Contract Ceiling: $8,662

Exercised Options: $8,662

Current Obligation: $8,662

Contract Characteristics

Commercial Item: COMMERCIAL PRODUCTS/SERVICES

Timeline