J&A DOL-26-17

Justification for Other than Full & Open Competition

1. Identification of the agency and contracting agency:

Contracting Activity Customer Agency Department of Labor Department of Labor

OASAM/OSPE EBSA/ORA

200 Constitution Avenue, NW 200 Constitution Avenue, NW Washington, DC 20210 Washington, DC 20210

2. Nature and/or description of the action being approved:

This justification authorizes and approves the issuance of a contract to Asset International, Inc. (aka Brightscope) SAM UEI JUSEABWV85R3 for a subscription for Form 5500 data analysis services. The anticipated period of performance is a one, 12-month base period and two (2) 12-month option periods to begin on or before September 19, 2025.

3. Description of supplies/services required to meet the agency’s

Needs (including the estimated value):

The EBSA requires support for Form 5500 research, compliance assistance and enforcement tasks. The contractor shall provide a 12-month base period and two (2) 12-month option period subscription for database access to edited Form 5500 data. This data will be mapped with U.S. Securities and Exchange Commission (SEC), and Financial Industry Regulatory Authority (FINRA) data, investment performance and state insurance data.

Database services will be provided via subscription. The database must be available online, allowing EBSA employees to independently query data (employer sponsored benefit plans, financial advisors, other service providers, assets, geographical locations, and other general plan information). The following data elements must be available as part of the subscription:

• The Form 5500 adviser name data must be edited to organize different naming conventions for the same company into one specific adviser or company name.

• Firms listed on Form 5500 Schedules A and C need to be matched to registered investment advisers from the Investment Adviser Registration Depository (IARD).

• With that mapping in place, obtain Form ADV firm data and individual representatives’ disclosure reports for the registered investment advisers.

• Aggregate FINRA data on those same firms and individuals.

• Information from state insurance departments for the same firms and individuals, to provide another useful source of disclosure information on the advisers.

• Provide one specific headquarter location for multi-location companies

• Spread of the assets into various geographic locations (such as three-digit zip code)

• Specific indicator for Taft-Hartley plans

• Audit level, trended fund data

Additionally, the contractor must provide at least 50 hours of specialized analyst support to prepare various data queries on Defined Contribution (DC) retirement plan data according to the needs of EBSA during the base period and in each option year, if exercised by the Government.

These analyses could include matching edited Form 5500 data with other data sets or non-matched variables of existing data structures.

A qualified contractor must already have the necessary data elements for the subscription in place at the start of the period of performance. The database will be available 24 hours per day, 7 days per week (except during agreed upon, or scheduled maintenance and update periods). The contractor will inform the government at least 24 hours prior to scheduled maintenance. In the event of system malfunction, the contractor will inform the government immediately and provide notification when the system is or will be available.

Estimate Independent Government Cost (IGCE) Total: $717,112.01

Base $232,007.50 Option Period One $238,967.73 Option Period Two $246,136.79

4. An identification of the statutory authority permitting competition other than full and open:

RFO FAR Subpart 6.103-1 Only one responsible source and no other supplies or services will satisfy the agency’s requirements. The statutory authority permitting full and open competition is RFO FAR 6.103-1(a). The contracting officer has determined there is only one reasonable source available. For purposes of this justification, publicizing will be handled in accordance with RFO FAR 5.101 and other applicable notice requirements.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

EBSA has already created the Integrated Database, statistical programming, and targeting tools that heavily rely on Brightscope data. Competing services would require additional time for the contractor to learn the system, which would be charged to EBSA, and will require rewriting statistical programs to update variables and linking Form 5500 data to the new data source. The administrative and other potential cost associated with awarding these services to a new vendor is not expected to surpass any savings that might be realized from competition.

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 RFO subpart 5.3 and if not, which exception applies:

To ensure that Asset International, Inc. is still the best source for these services, EBSA requested that the Office of the Senior Procurement Executive (OSPE) post a Request for Information (RFI) on SAM.gov. The RFI included the performance work statement (PWS) for the requirement. One response was received. Furthermore, EBSA reviewed historical contract information, and searched on GSA schedule. A notice will be publicized in accordance with RFO FAR 5.302.

7. A determination by the contracting officer that the anticipated cost to the government will be fair and reasonable:

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable.

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

EBSA conducted market research using three methods: 1) conducted a U.S. General Services Administration (GSAadvantage.gov) search for specific firms that are either veteran owned, service-disabled veteran owned, HUB zone, or Certified 8(a) to determine whether services were available, using keywords from the performance work statement: “Form 5500, Form ADV, FINRA, and IARD” resulted in no relevant matches. 2) Gathered information from previous contractors to determine whether they could meet the requirements or could recommend a source. 3) The RFI was posted to SAM.gov on March 19, 2026 (Notice ID OAA-26-00161). Responses were initially due March 24, 2026, at 2:00 PM EST;

Amendment 01 extended the due date to March 30, 2026, at 2:00 PM EST and incorporated the vendor Q&A and revised PWS. One vendor responded to the RFI. Based on the vendor’s capability statement, the respondent did not demonstrate the ability to satisfy key mandatory PWS requirements (e.g., an online subscription with edited/normalized Form 5500 adviser data; linkage to IARD/CRD with Form ADV firm and individual disclosures;

aggregation of FINRA and state insurance data; required coverage thresholds of 30,000– 40,000 plans and at least 9,000 mapped entities; quarterly data feeds and 24x7 availability;

and provision of 50 hours of analyst support). The RFI results indicate that the incumbent is the only known vendor currently capable of providing the full Form 5500 Data Subscription and Analyst Support services as specified in the PWS. This outcome will inform the acquisition strategy and any subsequent determination regarding competition. 4) We also issued a Request for Information (RFI) under GSA RFI #RFI1798631 and did not receive any responses by the closing date. As a result, there was no vendor feedback or market information submitted in response to this notice.

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

EBSA’s requirement for this contract hinges on a contractor’s ability to have a reliable platform that aids investigators in Form 5500 research and enforcement tasks. Asset International, Inc. is the only company that includes a link to Investment Advisors and Form ADV data, both of which are crucial to EBSA’s enforcement program and mission. Asset International’s data is already integrated with EBSA’s targeting tools and Integrated

Database which tracks “Monetary Value of Reviewed Plan Assets, Number of Participants Covered by Reviewed Plans and (EBSA-OCA-5), Number of Reporting Compliance Reviews Completed”.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

None

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition of the supplies or services required:

EBSA will continue market research to discover any other contractors that have these abilities, with the expectation that there will be opportunities for additional competition, better pricing and solutions in the commercial marketplace.

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.

Maria Robles Date Contracting Officer’s Representative 202-693-8613 Robles.Maria@dol.gov

Contracting Officer Certification:

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

Deborah Worrells Date Contracting Officer 304-256-3389 Worrells.Deborah@dol.gov