J&A - CourseMill_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity Customer Agency Department of Labor (DOL) Occupational Safety and Health Administration Office of Assistant Secretary for Directorate of Training and Education (DTE) Administration and Management OSHA Training Institute (OTI) (OASAM) 2020 S. Arlington Heights Rd.

230 S. Dearborn Arlington Heights, Il 60005 Chicago, IL 60604 Contact: Robert Murphy, DTE Deputy Director

2. DESCRIPTION OF THE ACTION BEING APPROVED:

DOL OASAM Chicago proposed to award a new Firm-Fixed Price Purchase Order to SC eLearning, LLC. The resulting purchase order will be funded with FY20 program funds for the base year, and FY21 program funds for the option year, which will cover up to 24 month period in total. This justification covers the procurement of a supporting authoring and content management tool to provide a complete Learning Management Systems (LMS) solution for CourseMill® LMS hosting services from SC eLearning, LLC. CourseMill® LMS is Aviation Industry CBT (Computer-Based Training) Committee (AICC) and Sharable Content Object Reference Model (SCORM) compliant and capable of hosting online content that is in compliance with the Americans with Disabilities Act, Section 508.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (Including the Estimated Value):

The Occupational Safety and Health (OSH) Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. DTE is responsible for providing training to compliance and enforcement safety and health officers for Federal and state agencies, as well as Other Federal Agencies, and the public workforce. This proposed action ensures the continuation of the annual hosted online LMS services which includes: a customized landing page/interface for OSHA Web Base Training (WBT) courses; software upgrades and hardware maintenance; standard reporting (Status, Interaction, Score); 24/7 technical support, 365 days a year; constant system monitoring, managed security; reliable, secure performance, and advanced reporting. This contract will provide services to deliver, manage, and track DTE’s approximately 200 WBT courses. These courses include WBT portions of blended OTI courses, WBT stand-alone courses, archived webinars, and online training resources. This system is the key to DTE achieving this mission critical training. OSHA has developed an internal training program that requires enforcement officers to obtain mandatory classes as they progress through their career. The knowledge portion of this mandatory training is currently provided via CourseMill, with additional hands-on training provided in-person at DTE’s training facility in Arlington Heights, IL.

Estimated Value – The Independent Government Cost Estimate for the proposed action is for the base year and for one option year.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

The statutory authority permitting other than full and open competition is 10 United States Code (U.S.C.) 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUSITION REQUIRES USE OF

THE AUTHORITY CITED:

Pursuant to FAR 6.302-1(a)(2)(iii), this requirement is available only from the incumbent contractor for the services described above. SC eLearning, LLC is the only producer and responsible source of the CourseMill® LMS software that can provide these services without disruption beginning December 23, 2019, and no other sources can satisfy the agency requirement. Securing the CourseMill® LMS software as a service hosting agreement enables OSHA to host and launch the new and updated WBT courses that are programmed, produced, and published using Lectora Inspire. The CourseMill® product meets the OSHA DTE goal in providing distance learning to all OSHA personnel, which includes Federal, State, and

. A delay in awarding this bridge purchase order in order to complete the re-acquisition would place OSHA DTE students at significant risk of not completing federal mandated training to maintain licenses.

Awarding a short term contract to a contractor other than SC eLearning, LLC would also require the new contractor to quickly build 100+ course in the new LMS and migrate over 100+ online courses and webinars to the new system. In addition, the contractor would have to establish and create a plan to transition from the old system to the new system to all Federal and State agencies, and private industry.

6. A DESCRIPTION OF EFFORTS TO OBTAIN COMPETITION TO ENSURE THAT

OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE

PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND IF NOT, WHICH

EXCEPTION UNDER 5.202 APPLIES:

For the reasons outlined in paragraph 5 above, competition is not expected for this action.

This procurement action will be synopsized in FedBizOpps. The notices required by FAR

5.201 shall be published, and that any bids or proposals received shall be considered.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNEMENT WILL BE FAIR AND

REASONABLE:

I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable. The contractor’s proposal will be reviewed using price analysis to discern whether the costs proposed are current and justifiable in accordance with FAR 15.404- 1(b)(2)(ii): Comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items. The original contract pricing for DOL-CHI-15-P-00099 was deemed fair and reasonable at the time of the award. Certified cost or pricing data shall not be obtained per FAR 15.403-1(b)(3). The final agreement will give full consideration to all contractual requirements and will support a determination of fair and reasonable price for this effort.

8. A DESCRIPTION OF MARKET RESEARCH CONDUCTED (PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS

NOT CONDUCTED:

No market research was conducted for the purpose of this justification. Extensive Market research was conducted at the time of the original contract solicitation and award in 2015; and the prices included within that purchase order was determined to be fair and reasonable. The 24 month bridge purchase order utilizes the same price elements that have already been determined fair and reasonable. In addition, SC eLearning, LLC (Travantis has since been bought out by SC eLearning, LLC) already manages purchase order DOL-CHII-15-P-00099 contract, and the Contracting Officer has determined that no other contractor would be able to meet the Agency's needs without experiencing substantial delays. Additional information can be found in the Market Research Checklist that is uploaded in the supporting documents of this requirement.

9. ANY OTHER SUPPORTING FACTS SUPPORTING THE USE OF OTHER THAN

FULL AND OPEN COMPETITION:

Past performance: SC eLearning, LLC works with various Federal Government agencies, making the proposed use of CourseMill® LMS Services compatible with other government LMS solutions and services. The company has vast experience in the industry with a significant number of clients. Not securing the CourseMill® LMS Services – Hosted Online Learning Management agreement restricts OSHA’s ability to provide quality safety and health training to personnel engaged in work related to the mission of the Agency stated in the OSH Act of 1970 and aligned with DOL’s strategic plan. The funds, time, and man-hours the government has initially invested in the system are already in place to ensure effective site performance.

10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

To date, no sources have written to express an interest in this requirement.

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED:

The Government seeks to take advantage of competitive procedures to the maximum extent practicable. For future requirements, the Government will conduct market research to identify new sources of software appropriate to the Government's curriculum development requirements.

The Government will also solicit upcoming requirements using competitive procedures to the maximum extent practicable.

12. SIGNATURE BLOCKS:

The program/technical official further certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.

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: ____ _________________ Signature: _________________________

Type Name:

Title:

CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: _________________________ Date: _____________________________

Type Name: _______________________

Title: _____________________________

KIMBERLY

MASON

Digitally signed by KIMBERLY

MASON

Date: 2019.12.11 15:33:13 -06'00'

Shandora Acrey

Supervisory Contracting Officer

SHANDORA ACREY Digita ly signed by SHANDORA ACREY Date: 2019 12 11 16:23:37 06'00'