A06 - LSJ CLEAR Subscription 7.22.24 (003)_Redacted.pdf
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- Attached to
- CLEAR database subscription
- Solicitation number
- 1605C1-24-F-00043
About this file
This document is a Limited/Sole Source Justification for the Department of Labor's (DOL) Employment Benefits Security Administration (EBSA) to award a sole source contract for Consolidated Lead Evaluation And Reporting (CLEAR) data subscription services. EBSA requires continued access to the CLEAR database, a proprietary service provided solely by West Publishing Corporation, to conduct unique background searches and investigations related to its enforcement activities. Market research determined that West Publishing does not allow resale of CLEAR, and no comparable commercial database is available. The contract will be awarded to West Publishing under GSA Schedule GS-02F-026DA for an unknown amount on 2024-08-19. EBSA will continue searching for alternative commercial databases that could provide similar capabilities.
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for individuals at the Federal, state, and local levels. The EBSA requires a database this specialized to conduct unique background searches on subjects under EBSA investigation.
The Department of Treasury uses a similar but more dynamic database to conduct investigations, under the Financial Crimes Enforcement Network (FinCEN), and its information exchange program FinCEN Exchange to warehouse financial crimes information and link to other federal and non-federal investigation databases. FinCEN Exchange is an invitation-based program, which requires EBSA employees to have a top-secret clearance.
CLEAR is a commercially available, comparable investigation program that EBSA can access without security clearance. EBSA requires continued use CLEAR usage to support its enforcement activities. There is no suitable commercial resource comparable to CLEAR at this time. Furthermore, West Publishing does not allow CLEAR resale. The database is proprietary to the vendor.
5. Determination by the ordering activity that the order represents the best value FAR 8.404(d).
The Contracting Officer will determine best value as instructed by the FAR.
6. A Description of Market Research Conducted and the Results or a Statement of the Reason Market Research was not conducted
EBSA conducted market research to determine the availability of sources for West Publishing Corp., online Consolidated Lead Evaluation And Reporting (CLEAR) database services. We were able to determine that West Publishing is the sole provider for CLEAR subscription services, and they list their products on federal supply schedules. However, they do not list all of their products on all schedules. Furthermore, the vendor does not allow third-party suppliers to resell its products.
Search Results:
• EBSA conducted a search on GSAadvantage.gov using the terms “West Publishing” which brought up West Publishing Corporation’s GSA Schedule, GS-02F-026DA. It is partially available of GSA Schedule.
• A search was conducted on the Library of Congress’ (LOC) FEDLINK site. LOC has a contract with West Publishing Corporation, but not for CLEAR.
• EBSA contacted West Publishing to find out whether they allow companies to resell CLEAR, and they do not.
7. Any Other Facts supporting the Justification
None
8. 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 is made.
EBSA will continue searching for commercially available, comparable databases.
9. Technical Certification:
The program/technical official further certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.
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Contracting Officer's Certification:
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