24P0023-Justification.pdf

JUSTIFICATION

Bureau Enhanced Acquisition Management System

Source Selec�on Sensi�ve in accordance with FAR 2.101 and FAR 3.104.

Procurement ID: ePRO-2024- 15716

BEAMS User Guide BEAMS Feedback

SUMMARY

Procurement Title:

new contract West Legal Ed Contract Program Office:

Operations: Administrative Operations:

Librarian

Contracting Officer:

Del Toro, Vanessa (CFPB)

Contract Specialist:

Del Toro, Vanessa (CFPB)

Acquisition Strategy:

Sole Source – under SAT

Anticipated Award Date:

Base and All Options Value:

$206,800.00 (Total Contract Value)

BR Total Amount:

$0.00

Type Of Action:

New Contract/Agreement

Bureau:

CFPB

Contract Type:

Firm Fixed Price

Contract Number:

Is it Sole Source?

Yes No

FAR Reference:

6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

PERIOD OF PERFORMANCE

Base Period (Months):

Number of Op�on Periods:

Op�on Period 1 (Months):

Op�on Period 2 (Months):

Op�on Period 3 (Months):

Op�on Period 4 (Months):

COSTS Note: the Base Amount(s) do not update from the Buy Request a�er the first �me they are copied.

If the Base Amount in the BR changes, you may need to manually update it here.

Life-Cycle Es�mated Total:

$206,800.00

Base (From Buy Request 1):

$39,000 Note: You may over-ride the base amount(s).

Base (From Buy Request 2):

If the background color is yellow, the amount does not match the Buy Request.

Op�on Year 1 Cost:

$40,000

Op�on Year 2 Cost:

$41,200 Op�on Year 3 Cost:

$42,600 Op�on Year 4 Cost:

$44,000

FAR 6.3

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(FAR) 6.302

Date Needed:

Nature/Description of Action, Supplies, and Services [FAR 6.303-2(b)(2] and (3):

Display Acq Plan Statement of Need This subscription will provide the services to CFPB attorneys to have access to more than 6,000 programs, and 12,000 hours of CLE, covering 55 practice areas and over 200 sub-practice areas. Unlimited access to default Continuing Legal Education Library Programs it will provide services to 450 licensed users and Mobile compatible with 24/7 toll-free tech support.

Statutory Authority Permitting Other than Full and Open Competition [FAR 6.303-2(b)(4)]:

6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

Description of Market Research and Results [FAR 6.303-2(b)(6), (8) and (10)]:

Display Acq Plan Market Research The COR conducted the following market research: Searched the intranet and found no other vendor that could match what is offered by CeriFi. Based on historical information, such as previous subscription services and training seminars used by staff, no other training programs were found to be unique in terms of subject matter for the Bureaus attorneys and other professional staff. Additonally, an RFI was released in SAM.gov. Two other vendors responded to the RFI that had somewhat similar subscripitions. One of them, FurhterEd, haas some similar features but provides much less content, 1900 courses, 20 live or pre-recorded webcasts, web/mobile capabilities, 50% of programs produced within las 24 months which is less than WestLegalEd's 6,000 courses, 75 live webcasts, web/mobile capabilities, 65% of content produced within last 24 months, and no fee CLE accreditation.The second vendor was the Public Law Institute (PLI) which does have a contract with CFPB and provides both in-person and online content. However, WestLegalEd focuses more on the legal studies and PLI & PLI PLUS focus on the consumer law. So the subscriptions provide somewhat different content for attorneys. Attorneys want both

6/24/24, 8:58 AM Bureau Enhanced Acquisition Management System - ePRO-2024-15716 https://bcfp365.sharepoint.com/sites/proc/_layouts/15/Print.FormServer.aspx 1/3 https://sharepoint.cfpb.local/promgt/procure/eProcurement/Documents/Docs%20Posted%20in%20BEAMS%20Form%20for%20Client%20Use/BEAMS_Client_User_Guide.pdf https://sharepoint.cfpb.local/promgt/procure/eProcurement/Lists/BEAMS%20Feedback%20Tracker/Issue/newifs.aspx?List=d2403db3%2D56d3%2D4191%2Dbfab%2Dc88f7272ab4a&Source=https%3A%2F%2Fsharepoint%2Ecfpb%2Elocal%2Fpromgt%2Fprocure%2FeProcurement%2FLists%2FBEAMS%2520Feedback%2520Tracker%2FAllItems%2Easpx&RootFolder=&Web=c7d7e3f5%2D98d7%2D4224%2Da3d7%2D4365e09d6c7e types of programs. Usage reports from the vendor do indicate that this subscription was used in the past 4 years and the cost is warranted. However, it was noted that 100 seats would be enough for the current demand and a revised price quote was requested from the vendor.

Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

Determination of Fair and Reasonable Cost/Price [FAR 6.303-2(b)(7)]: The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on the following information:

Any Other Facts Supporting the Use of Other than Full and Open Competition [FAR 6.303-2(b)(9)]:

Actions Taken to Remove or Overcome Barriers to Competition [FAR 6.303-2(b)(11)]:

CERTIFICATION

Technical/Requirements Official [FAR 6.303-2(c):

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Contracting Officer [FAR 6.303-2(b)(12):By signing below, I certify that this justification is accurate and complete to the best of my knowledge and belief.

SIGNATURES Contract and Legal Reviews Policy

Person Decision Approved Date and Time

Senior Program Official (Only applicable under FAR 8.4)

Approve

Technical/Requirements Official

Sanders, Kathy (CFPB)

Contracting Officer

Del Toro, Vanessa (CFPB)

Competition Advocate

Unlimited access to proprietary online programs in the West LegalEdcenter Default Library for 200 seats. This subscription includes:

More than 6,000 programs and 12,000 hours of CLE, covering 55 practice areas and over 200 sub-practice areas.

Unlimited access to default Continuing Legal Education library programs CLE and CPE credit available in every jurisdiction with mandatory requirements.

CLE Certificates of Completion available to users immediately upon completion of a program.

CLE credit reported directly to appropriate jurisdictions wherever allowed.

Over 150 live programs on-line every month.

Content from over 40 different CLE and professional development providers.

Mobile compatible.

24/7 toll-free tech support

The contracting officer received the vendor's commercial catalog pricing. Additionally, after the contracting officer determined that only 100 seats were needed, the vendor sent a revised price quote with the catalog pricing based on 100 seats. The price per seat is more expensive, as is normal in the marketplace where discounts are given by volume.

However, the overall price is lower and comparable or less expensive than similar subscriptions. The total proposed price, with a Base Year and four (4) option years is $138,100.

West is uniquely qualified to provide the services required by CFPB.

While most CFPB attorneys practice at the CFPB's Headquarters in Washington, DC many are members of the state bars of the various states. This fact, unique to federal agencies, requires compatibility with state bar requirements in all of the US states and territories. The CFPB requires the CLE training to be offered online and available at dates and times that do not conflict with the responsibilities of the agency attorneys to accomplish the agency mission. The CFPB also requires a wide range of CLE training courses to meet the diversity of specialized legal areas of agency attorneys.

In an effort to ensure that the Bureau has maximum resources in performing its mission, CFPB contracts with West for the services described above, and awards separate contracts to other entities for services such as Practising Law Institute, Bloomberg Law and LexisNexis

The contracting officer release a request for information (RFI) via SAM.gov and considered the two submitted replies. the other subscriptions were not the same as WestLegalEd so it is still justified to sole source this unique subscription. market Research will be conducted when the contract is again up for renewal after all options.

6/19/2024 12:47:13 PM

6/18/2024 12:44:40 PM

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Head of Contracting Activity

Senior Procurement Executive

Jus�fica�on Signature History Stamp

Source Selec�on Sensi�ve in accordance with FAR 2.101 and FAR 3.104.

STATUS

Pre-Award Review

NOTES Flag for Review

Notes captured in this common space facilitate communication between all Stakeholders in this

Procurement.

Please specify which tab your note is about Created By Date and Time

Acq Plan

HISTORY

Created By:

Sanders, Kathy (CFPB) Creation Date:

11/28/2023

Creation Time:

11:41:30 AM

Last Modified By:

Del Toro, Vanessa (CFPB)

Last Modified Date:

6/20/2024

Last Modified Time:

4:38:40 PM

Office of the Chief Procurement Officer Operations Division

Consumer Financial Protection Bureau

||Technical Requirements Offical Sanders, Kathy (CFPB)has Approved 2024-06-19T12:47:13 ||CO Del Toro, Vanessa (CFPB)has Approved 2024-06-18T12:44:40 ||||

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