Justification_Webinar Hosting Platform for Virtual Training_w OLC sow comments_09JUN20v1554_dpsKO_REDACTED__Redacted.pdf

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Washington, D.C. 20507

Office of Field Programs

JUSTIFICATION

FOR UNUSUAL AND COMPELLING URGENCY

1. Identification of Agency and Contracting Activity:

Agency: U.S. Equal Employment Opportunity Commission (EEOC) Requiring Activity: Office of Field Programs, Revolving Fund Division (OFP-RFD) Contracting Activity: EEOC – Acquisition Services Division (OCFO-ASD) Requisition Number:

2. Nature and/or Description of Action Being Approved:

EEOC intends to award a Firm-Fixed Price (FFP) contract using Other Than Full and Open Competition (Unusual and Compelling Urgency), to a contractor to provide a full-service webinar hosting platform that can create and deliver unlimited webinars with multi-presenter architecture: live, on-demand, simulive (pre-recorded but simulates Live), or sim-2-Live (pre-recorded presentation with automated rollover to live audio or video) to a global audience that can view and engage content without downloads or plugins.

Additional services include customized landing pages for each EEOC District office, Office of Federal Operations, State, Local, and Tribal programs, and general OFP and OFO outreach. Each customized landing page will have its own an on-demand library to store digital assets. Webinar Management and technical support is provided for each webinar and includes audience engagement data, metrics, and system generated content performance reports. Ongoing project management, strategic planning, and quarterly training throughout the duration of the contract.

On March 15, 2020, the Center of Disease Control (CDC) issued interim guidance and developed recommendations for preventing the spread of COVID-19 at mass gatherings and large community events. In-person training conferences were found to be detrimental to public health. The RFD cancelled all in-person training conferences and customer specific workshops nationwide. The Excel hotel contract in the amount of had to be cancelled. Consequently, the RFD is experiencing significant revenue loss this year compared to last year. In April 2019, the Revolving Fund Training products generated $730, 473 and in May 2019 $820, 864 in monthly revenue. Conversely, April and May 2020 combined to only generate at total of $115,403 in revenue with over $114,789 of refunds issued. In 2019, our in-person annual Excel conference produced $1,453,661 in revenue. If we are unable to stand up a virtual training conference, we stand to collect no revenue for Excel. Additionally, the RFD is required to reimburse the agency over 2 million dollars in employee salary and benefits annually, however, without a virtual training platform this will not be possible.

FPRFD200008

ON24, INC

PO#45310020P0039

We request permission to use FAR Part 6.302-2 (a) (Unusual and compelling urgency) to support the contract action discussed above to support other than full and open competition.

3. Description of the Supplies or Services Required to Meet the Agency’s Needs (Including the Estimated Value):

EEOC-RFD has a requirement for a contractor to provide a full-service webinar hosting platform that can create and deliver unlimited webinars with the capacity to host up to 1000 attendees per webinar. Provide live, on-demand, simulive (pre-recorded but simulates Live), or sim-2-Live (pre-recorded presentation with automated rollover to live audio or video) to a global audience that can view and engage without downloads or plugins. The webinar platform shall include audience engagement tools, audience tracking, e-mail templates and the ability to host multiple presenters, host concurrent webinar sessions and can integrate with Certain Registration software. The webinar platform shall provide customized landing pages for each EEOC District office, Office of Federal Operations, State, Local, and Tribal programs, and general OFP and OFO outreach. Each customized landing page shall host its own an on-demand library to store digital assets. The webinar platform shall offer webinar management and technical support for each webinar and the ability to provide audience engagement data, metrics, and system generated content performance reports; ongoing project management, strategic planning, and quarterly training throughout the duration of the contract.

One-year contract is

4. Statutory Authority Permitting Other Than Full and Open Competition (Check Appropriate Item):

X 41 U.S.C. 253(c)(2): FAR 6.302-2 Unusual and Compelling Urgency. Full and open competition is impractical because any delay in award of this procurement would result in serious injury, financial or other, to the Government. This authority requires offers from as many potential sources as practicable under the circumstances. An urgent and compelling need exists and following the standard ordering procedures will result in unacceptable delays.

5. A Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited.

Timing For the last 23 years RFD has hosted an EXCEL Conference and this year’s conference was scheduled for August 4 -6, 2020. Advertising for the conference began with the closeout of the 2019 conference and registration for this year’s conference opened in March 2020. The COVID-19 pandemic has jeopardized the in-person conference and a decision was made to replace the in-person conference with a virtual conference. The hotel contract for EXCEL did not provide for virtual conferencing; thus, RFD needs a contract to ensure that the conference will proceed as scheduled. We shall market the event and have the technology in placed with staff trained a minimum of 2 months before the Excel conference is launched which would require us to have a webinar platform and webinar management contract in place by June 15, 2020.

Interoperability with existing Technology The RFD is using Certain software to manage our training conference registration and fee collections. We require a contractor whose system integrates with Certain and provides a single service login.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR

5.202 applies.

Market research was conducted to identify potential sources capable of providing the requirements described herein. Specifically, ON24 showed evidence of possessing the capability of providing a full-service webinar hosting platform that can create and deliver unlimited webinars with the capacity to host up to 1000 attendees per webinar. Their platform provides live, on-demand, simulive (pre-recorded but simulates Live), or sim-2- Live (pre-recorded presentation with automated rollover to live audio or video) to a global audience that can view and engage without downloads or plugins. Their webinar platform included audience engagement tools, audience tracking, e-mail templates and the ability to host multiple presenters, host concurrent webinar sessions and can integrate with Certain Registration software. They are able to provide customized landing pages for each EEOC District office, Office of Federal Operations, State, Local, and Tribal programs, and general OFP and OFO outreach. Each customized landing page hosts its own an on-demand library to store digital assets.

Unlike other vendors On24 is available to host our training events now and provide webinar management and technical support for each webinar and the ability to provide audience engagement data, metrics, and content performance reports. Due to the decentralized nature of our fee-based training efforts nationwide, On24 offers ongoing project management, strategic planning, and quarterly training throughout the duration of the contract that will support EEOC District office, Office of Federal Operations, State, Local, and Tribal programs, and general OFP and OFO outreach- ultimately providing an enterprise-wide online conference training and management solution.

During the market research phase, published pricing and telephone surveys for each of the following five vendors was reviewed and considered for the period of March 21, 2020 through May 5, 2020. The following vendors were considered:

a. Zoom – www.zoom.us – Pricing attached. April 13, 2020, EEOC Information Security Officer issued the following directive “agency employees should not use Zoom unless no other approved alternative that meets mission-critical requirements is available.”_

b. Cadmium - www.cadmiumCD.com = pricing attached, not considered because no integration with Certain software (registration system).

c. Digitell – www.digitellinc.com – No pricing, unable to deliver as they are booked throughout calendar year 2020

d. Intrada – www.inxpo.com – Pricing attached, vendor unavailable for EXCEL Conference

e. WorkCast – www.info.workcast.com Pricing attached, not considered because they do not offer unlimited webinar in pricing

f. ON24 – www.on24.com – Pricing attached. Vendor meets requirements.

On24 meets the needs of EEOC’s Training Institute, as they are available, the proposal allows for unlimited webinars to assist with all Revolving Fund products:

EXCEL, TAPS, CST and federal sector. Most importantly, ON24 has integrated with Certain software, the software used by the registration contractor and will provide attendees seamless access to the webinars. The partnership also provides for a unified, branded and callable attendee experience from the entire event planning, registration and execution cycle. (See attached document titled Certain and On24 Partnership announcement.)

The exception to the synopsis requirement under FAR 5.201 applies as the supplies and services will be procured in accordance with FAR 5.202(a)(2) under the conditions described in 6.302-2 and this is a simplified acquisition where unusual and compelling urgency precludes competition to the maximum extent practicable using normal simplified acquisition procedures, leaving the Government seriously injured financially if the agency complies with the standard procurement processing time frames.

7. A Determination by the Contracting Officer that Anticipated Cost to the Government is Fair and Reasonable.

Based on pricing information that was collected for the same or similar supplies and services as reported in results from the above-referenced market research documentation and current price lists, catalogs or advertisements as surveyed on-line, pricing is considered fair and reasonable.

8. A Description of the Market Research Conducted The following vendors were contacted during market research:

a. Zoom – www.zoom.us – Pricing attached. April 13, 2020, EEOC Information Security Officer issued the following directive “agency employees should not use Zoom unless no other approved alternative that meets mission-critical requirements is available.”_

b. Cadmium - www.cadmiumCD.com = pricing attached, not considered because no integration with Certain software (registration system).

c. Digitell – www.digitellinc.com – No pricing, unable to deliver as they are booked throughout calendar year 2020

d. Intrada – www.inxpo.com – Pricing attached, vendor unavailable for EXCEL Conference

e. WorkCast – www.info.workcast.com Pricing attached, not considered because they do not offer unlimited webinar in pricing

f. ON24 – www.on24.com – Pricing attached. Vendor meets requirements.

On24 meets the needs of EEOC’s Training Institute, as they are available, the proposal allows for unlimited webinars to assist with all Revolving Fund products: EXCEL, TAPS, CST and federal sector. Most importantly, ON24 has integrated with Certain software, the software used by the registration contractor and will provide attendees seamless access to the webinars. The partnership also provides for a unified, branded and s callable attendee experience from the entire event planning, registration and execution cycle. (See attached document titled Certain and On24 Partnership announcement.)

9. Any Other Facts Supporting the Justification:

This unusual and compelling urgent requirement is necessary to prevent further financial loss to the EEOC; we must transition the in-person events into virtual training events. the EEOC-RFD is experiencing significant revenue loss. For example, April 2019 the agency made $730, 473 and $820, 864 May 2019. In April and May 2020, the agency has only made $115,403, with over $114,789 of refunds issued. In 2019, our in-person annual Excel conference produced $1,453,661 in revenue. The Revolving Fund Division is also required to reimburse the agency over 2 million dollars in employee salary and benefits.

The Excel hotel contract, also had to be cancelled.

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

a. Zoom – www.zoom.us – Pricing attached. April 13, 2020, EEOC Information Security Officer issued the following directive “agency employees should not use Zoom unless no other approved alternative that meets mission-critical requirements is available.”_

g. Cadmium - www.cadmiumCD.com = pricing attached, not considered because no integration with Certain software (registration system).

h. Digitell – www.digitellinc.com – No pricing, unable to deliver as they are booked throughout calendar year 2020

i. Intrada – www.inxpo.com – Pricing attached, vendor unavailable for EXCEL Conference

j. WorkCast – www.info.workcast.com Pricing attached, not considered because they do not offer unlimited webinar in pricing

k. ON24 – www.on24.com – Pricing attached. Vendor meets requirements.

b. Statement of Actions, if any, the Agency may Take to Remove or Overcome any Barriers to Competition Before any Subsequent Acquisition for the Required Supplies or Services is Made:

NA

c. CONTRACTING OFFICER/TECHNICAL CERTIFICATION

I CERTIFY THAT THE ABOVE JUSTIFICATION IS ACCURATE AND COMPLETE

TO THE BEST OF MY KNOWLEDGE AND BELIEF.

12A. Contracting Officer Certification/Approval:

____ _ DATE: _________________

Doreen Starkes (Signature of Contracting Officer)

12B. Technical Official Certification:

TECHNICAL CERTIFICATION STATEMENT: By my signature below, I hereby certify that any supporting data that is the responsibility of technical or requirements personnel (e.g., verify Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification is complete and accurate:

________________________________________________ DATE: _________________

[Print Name of Technical Official here] (Signature of Technical Official)

6/13/2020