A06-JOFOC - ProSystem FX (FE) Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

In accordance with FAR 13.106-1(b)

DOL Strategic Goal 2 – Ensure Safe Jobs, Essential Protections, and Fair Workplaces and EBSA’s Strategic Objective 2.3 – Improve the security of retirement, health, and other workplace-related benefits for America’s workers and their families, as outlined in the FY 2024 EBSA Agency Management Plan. It also helps EBSA achieve its FY 2024 Operating Plan Performance Goals (EBSA-OCA-07a and 7b), Small CPA Firm Audit Reviews - Monetary Value of Reviewed Plan Assets and Number of Participants Covered by Reviewed Plans and (EBSA-OCA-5), Number of Reporting Compliance Reviews Completed.

One of DAS’ principal responsibilities is to assess the quality of the independent audits performed for ERISA-covered plans. A majority of CPA firms who perform this work have moved to electronically prepared workpapers, and the two predominant applications are ProSystem and Caseware. When OCA requests firms provide us with their audit work, firms that use these applications send us what’s referred to as a “binder package” which contains all relevant audit work. OCA uses the software applications to open and review the binder packages to perform enforcement work in their original format, which provides for the most efficient and effective review possible.

When OCA conducts workpaper reviews using these applications, it results in substantial cost savings.

Without them, OCA would incur significant expenses associated with visiting firms in person, amounting to thousands of dollars. This risk underscores the importance of maintaining the current approach, as transitioning away from it would not only incur additional financial burdens but also potentially disrupt the efficiency and effectiveness of OCA's operations. Therefore, the utilization of these applications not only optimizes resource allocation but also ensures that OCA can continue to fulfill its responsibilities in a cost-effective and efficient manner.

The government estimates an alternative solution would cost more than the total cost of this renewal.

5. 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:

There are no other potential sources for this requirement. CCH Incorporated is the sole provider of this solution that meets the specifications of this requirement. There are no resellers for this requirement.

6. A determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable:

A price analysis will be conducted upon receipt of the offeror’s proposal and the contracting officer shall determine price reasonableness based on historical data and the IGCE.

7. A description of market research conducted (part 10) and the results or a statement of the reason market research was not conducted:

In accordance with FAR Part 10, market research was conducted to utilize the most suitable approach to acquire the ProSystem licenses and support. In addition, EBSA conducted market research to determine if other vendors could meet the Government’s needs and determined that only CCH Incorporated can meet the needs of the EBSA. The only vendor that can meet the specifications completely is the vendor CCH Incorporated.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

In accordance with FAR 13.106-1(b)

8. Any other supporting facts supporting the use of other than full and open competition:

None.

9. A statement of 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:

The one barrier that could potentially hinder competition is brand name. As such, EBSA will continue to research industry for software that could possibly be tested and integrated into the DOL environment in future requirements. EBSA is committed to maintaining an open and competitive environment for all subsequent acquisitions of supplies or services and the agency’s primary objective is to ensure that all acquisitions are conducted in a manner that promotes fairness, transparency, and equal opportunity.

Technical Certification:

The program/technical official further certifies that no conflict of interest exists in awarding this order to CCH Incorporated.

I hereby 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

CONTRACT SPECIALIST CERTIFICATION:

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

Date

Contract Specialist

CONTRACTING OFFICER CERTIFICATION:

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

Date Contracting Officer