JA_-_CRTI_Project_-_9-24-19.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

Commercial Services Acquisition under FAR 13.106-1(b) and FAR 13.501(a)

1. Contracting Activity:

The Export Import Bank of the United States located at 811 Vermont Avenue, N.W.

Washington, DC 20571, proposes to enter into a contract on the basis of other than full and open competition with Thompson Reuters (Markets) LLC dba Refinitiv located at 3 Times Square, New York, New York 10036.

2. Nature and/or Description of the Action Being Processed:

This Justification and Approval authorizes the award of a firm fixed-price contract, contract number 83310119C0007 to Thompson Reuters (Markets) LLC dba Refinitiv for their World-Check Batch Upload System.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

EXIM must run our transaction participants (exporters, lenders or suppliers) through a due diligence process to ensure that they are not a risk to the Bank. As a part of this process, EXIM’s Credit Review & Compliance team, with guidance from the Office of General Counsel, mandates that EXIM Librarians search a group of almost 30 sanctions and watch lists. This is just one part of the Bank’s “CRTI” due diligence process. EXIM also has a requirement for a system that provides a way to input multiple names at once instead of manually searching one name at a time.

4. Statutory Authority Permitting Other than Full and Open Competition:

The statutory authority for this procurement is FAR Part 13.106-1(b) “for purchases not exceeding the simplified acquisition threshold.” Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). 41 USC §3304), as implemented by FAR 6.302 permits the Contracting Officer to consider the types of factors listed under FAR Part 6.302 when making the determination to solicit only one source. FAR 13.106- 1(b) does not require that the Contracting Officer select only one of the listed authorities, as is the case when the Competition in Contracting Act applies.] For actions exceeding the simplified acquisition threshold procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901

() (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Thompson Reuters (Markets) LLC dba Refinitiv’s World-Check due diligence system meets one unique and primary EXIM requirement that the other competing vendors do not meet. Two secondary considerations were also factors in the decision as explained below.

The Bank’s Credit Review & Compliance Division, with guidance from EXIM’s Office of General Counsel, has developed a list of required sanctions and watch lists that each transaction participant must be screened against. One of the 27 lists that each exporter, lender or supplier is checked against as part of the Bank’s CRTI due diligence process is the U.S.

SAM (U.S. System for Award Management) Suspension & Debarment List.

The federal government publishes a number of excluded party lists that protect the federal government from fraud, waste and abuse. The Suspension & Debarment List is one of the tools they provide to the government to avoid doing business with non-responsible contractors. World-Check is the only due diligence system that has already incorporated the list into their database, as well as meeting all of EXIM’s other requirements.

World-Check also satisfies two additional requirements more thoroughly than its competitors. EXIM has a requirement that the due diligence system searches for and reports on federal and state regulatory and law enforcement convictions, settlements, and deferred prosecution agreements. World-Check reports more consistently and reliably on federal and state regulatory and law enforcement actions.

Another secondary requirement that EXIM’s evaluation team considered in making our decision is the provision of documentation. EXIM has a requirement that all hits/matches be footnoted and access be provided to source materials. World-Check provides links to articles as a matter of course, while others charge an additional fee for full access to their documentation.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

EXIM considered a field of seven potential contractors. A team of EXIM stakeholders from EXIM’s legal, information services, and credit review & compliance teams met many times over a period of months to examine the product offerings. The team concluded that only one vendor met all of the requirements.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

Thompson Reuters (Markets) LLC dba Refinitiv’s price for their batch upload due diligence system is fair and reasonable based on surveys of similar products in the marketplace. The firm fixed price of $223,272.00 for a base-year with four additional option periods is determined to be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

EXIM’s legal, information services, and credit review & compliance teams carried out extensive market research over a period of one year. Initially, EXIM considered a field of seven due diligence system vendors who we found through various means:

• searches on the web by EXIM’s research & information services staff;

• reviews of due diligence vendor websites, brochures and videos;

• recommendations from Bank staff;

• recommendations from other government agencies and financial institutions similar to ours; and

• past experience collecting information about due diligence systems for the Bank several years earlier.

A group of EXIM decision-makers met numerous to examine the product offerings. Our most pressing need, in addition to reporting on all of EXIM’s required watch lists, was to find a system that could search and report on multiple participant names at one time.

After considering the initial group of vendors, EXIM determined that only two offered such a feature and met most of the other requirements. One of the initial vendors said that they could build the system for us, but EXIM was looking for an out-of-the-box solution.

EXIM invited these vendors in several times to provide demonstrations. After much consultation, including several in-depth question and answer sessions, an examination of each contractors’ sanctions and watch list coverage, and detailed conversations via email and over the phone, the team found that only one of the remaining vendors met EXIM Bank’s requirement to search the U.S. SAM (System for Awards Management) Suspension & Debarment List.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

This requirement was initially a sole source action. The special notice of intent was posted to FBO.gov on 7/22/2019 citing that Thompson Reuters (Markets) LLC dba Refinitive was the only source under FAR Part 13.106 for Simplified Acquisitions under 250k. EXIM received a challenge interest to the notice of intent from Bureau Van Dijk. A decision was made to not move forward with a sole source, but rather post the RFQ as a competitive acquisiiton on FBO.gov.

• RFQ 83310119Q0045 was issued as a competitive RFQ posted on FBO.gov on 8/14/19, open to all sources. The RFQ closed on 8/27/2019. Only one quote was received. OCR Global submitted a quote and it was determined that the firm did not meet all the technical capabilities listed in the statement of work.

RFQ 83310119Q0045 was reissued as a sole source to Thompson Reuters (Markets) LLC dba Refinitive on 8/27/2019 and closed on 9/3/2019. Thompson Reuters (Markets) LLC dba Refinitive submitted their quote and it was evaluated and determined that they met all the requirements in the Statement of Work.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

o Bureau Van Dijk o Exiger o OCR Global

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

Provide feedback to the other due diligence vendors explaining what was deficient in their systems.

12. Requirements Certification:

I certify that the requirement outlined in this justification is a Bona Fide Need of the Export-Import Bank of the US and 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.

Technical and Requirements Cognizance:

I hereby certify that the facts and representations under my cognizance (including but not limited to, verified government minimum needs or schedule requirements, or other rationale for other than full and open competition) which are included in, or which form a basis for, this justification are complete and accurate. This justification is an accurate and bona fide need for the item or services supporting acquisition of the end item.

Requirements/Personnel Certification: We hereby certify that the technical requirements and certifications are accurate.

Name and Title Office Date

13. Contracting Officer Certification: I hereby certify to the best of my knowledge this justification is accurate and complete.

Name and Title Office Date

09/24/2019