HMDA_FBO_3-11-19.pdf

Justification for Sole Source or Brand Name U.S. Department of Housing

Under Simplified Procedures for Certain OfficerCommercial Items (FAR Subpart 13.5)

PART 1 - )USTIFICATION (to be completed by requesting office)This acquisition Is conducted under the authority of the Simplified Procedures for Certain Commercial Items (section 4202 of theClinger-Cohen Act of 1996) or the authority of the Services Acquisition Refomi Act of 2003 (41 U.S.C. 428a) — Sole Source (Includingbrand name) Acquisitions.

Description of services required to meet agency’s needs [describe]:

Home Mortgage Disclosure Act (HMDA) Total estimated cost of this order (Include all costs of the proposed acquisition, e.g., options, systems life costs, etc. ; total willdetermine the approval level needed]: $ 645,833.00

Sole Source (see FAR Section 13.501(a))Consideration for this simplified acquisition under the Simplified Procedures for Certain Commercial Items must be limited to thefollowIng source(s) [provide names, addresses and points of contact or attach separate sheet as needed]:

Circumstance justifying acquiring the services using a sole source acquisition (check those that apply):

Only one source Is capable of responding due to the unIque or specialized nature of the work (see FAR 13.501(a)(2).

i::i This is a follow-contract for the continued development or production of a major system or highly specialized equipment,including major components thereof, and supplies are available only from the original source. It is likely that award to any othersource would result In --

Ci (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

Ci f B) Unacceptable delays In fulfilling the agency’s requirements.

Attachments [provide the following information]:

Ci Requiring agency;

Nature/Description of action being approved;

Ci Comprehensive description of services required to meet agency’s needs (including the estimated value);Ci Identification of statutory authority permitting other than full and open competition;Ci Demonstration that proposed contractor’s unique qualifications or nature of the acquisition requires use of authority cited;Ci Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, Including whether anotice was or will be publicized as required by FAR Section 13.501(a)(1);

C Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable;C DescriptIon of market research efforts conducted and the results or a statement of the reason market research was notconducted;

Ci Other facts supportIng the use of other than full and open competition (and if a follow-on, an estimate of the cost to thegovernment that would be duplicated and how the cost was derived;C Listing of the sources, If any, that expressed, In writing, an interest in the acquisition;D Statement of actions to remove or overcome any barriers to competition before any subsequent acquisitions.

Other Than Fuii and Oaen Comnetition Based on Brand Name

Sources to be considered for this order should be limited to those, offering the following itemcs) peculiar to one manufacturer (e.g., aparticular brand name, product, or a feature of a product, peculiar to one manufacturer) [list and describe fully, or attach detaileddescription of the product or critical characteristics of the product]:

Attachments [provide the following information]:

In addition to the documentation identified for sole source above, attachments for brand name justification must also Include:

C] ir brand name, product, or product feature is the basis for the restricted consideration, the program office must describe why It isessential to the Government’s requirements, and demonstrate how the attached market research supports the determination thatother companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, theDepartment’s need.

C A statement of the actions, if any, the Department may take to remove or overcome any barriers that led to the restrictedconsideration before any subsequent acquisition for the supplies or services Is made.

It the order contains brand name specifications, the requirement has been posted in accordance with FAR Section 13.105(a)(1) unlessone of the following exceptions applies (see FAR Section 5.lO2fa)f6)) [check applicable exception]:U Disclosure would compromise the national security (e.g., would result In disclosure of classified information) or create othersecurity risks. The fact that access to classified matter may be necessary to submit a proposal or perform the contract does not,In itself, justify use of this exception;

C] The nature of the file (e.g., size, format) does not make it cost-effective or practicable for contracting officers to provide accessthrough the GPE; or C] The senior procurement executive has made a written determination that access through the GPE Is not In the Government’sinterest.

Program Office’s Supporting Data

The following information has been provided to support the sole source action or specific brand name, product, or product feature(e.g., verification of the Government’s minimum needs or requirements or other rationale for sole sources) [list and describe; attachadditional pages if needed] See Attached Justification

Program Office Official’s Certification

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

Head of Program Office (name] Title/Name of Office:

Brian D. Montgomery Assistant Secretary for Housing -Federal Housing Signa

- Date: For additional Information contact:Z_—z__

JL/L1/2)

PART 2 CONTRACtI OFFICER’S DETERMIN liON AND CERTIFICATION I hereby determine that:

The sole source action represents the best value to HUD consistent with the requirements of FAR Section 13.501 (price evaluationis attached); and, tf a particular brand name, product, or product feature Is requested, I hereby determine that it is essential to the Government’srequirements, and as demonstrated by the attached market research, other companies’ similar products, or products lacking theparticular feature, do not meet, or cannot be modified to meet, the Department’s need.

I certify that the information contained In this Justification is accurate and complete to the ofJ’riy knowledge and belief. Inaccordance with FAR 13.501, this certification serves as app I of this sole source ju ifi tion r/orders up to $700,000.

Brenda K. Lee

PART 3 - APPROVALS

For öfrd.rs greater than $100,000 up to the Simplified Procedures for Certain Commercial Items threshold — Competition Advocate Name Signature Date

Inatructians:

PART 1- to be completed by the requesting office

The office requesting the sole source consideration shall enter all Information and provide all supplementary information and attachments.

The head of the office submitting the justification shall complete the certification and sign and date it.

PART 2 - to be completed by the Cont,acting Officer

The contracting officer shall attach the price evaluation and sign and date the form. If the order is less than $700,000, stop here and place the completed justification In the contract flle.

PART 3 - to be completed by the approving official

If the order exceeds $700,000, the contracting officer shall obtain the appropriate higher-level authority’s name, signature, and date and place the completed justification in the order file.

r

1JJi’tJll ‘c U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT hih E.3

WASHINGTON, DC 20410-3000

OFFICE OF CHIEF PROCUREMENT OFFICER

Justification for Sole Source for Simplified Procedures for Certain Commercial Items (FAR Subpart 13.5 41 U.S.C)

Control Number 19-2

TITLE: Home Mortgage Disclosure Act (HMDA) Disbursement To Board of Governors Federal Reserve System (FRB)

(1) Identification ofthe agency and the contracting activity, and specflc identification ofthe document as a “Justificationfor other than full and open competition.”

U.S. Department of Housing and Urban Development (HUD) Office of the Chief Procurement Officer (OCPO) The Office of Housing — Risk Management and Regulatory Affairs 451 7th Street, Room 5256 Washington, DC 20410

(2) Nature and/or description ofthe action being approveL

The scope and purpose of this agreement is to satisfy the requirements of the Home Mortgage Disclosure Act, 12 Usc Section 2801 and to reimburse the Federal Financial Institutions Examination Council (FfIEC) and federal Reserve Board (FRB) for the corresponding share of the cost of collecting and publishing mortgage loan data. Under the HMDA Act the Department of Housing and Urban Development (HUD) is liable for the collection of data, processing and publication of HMDA related books, posters, software, and data compilations

(3) A description ofthe supplies or services required to meet the agency’s needs (including the estimated value).

Under the Home Mortgage Disclosure Act the Department of Housing and Urban Development (HUD) is liable for the collection of data, processing and publication of HMDA related books, posters, software, and data compilations. HMDA requires HUD to conduct annual surveys of both federal Housing Administration lenders and unregulated mortgage companies and to make the public portions of this information available to the public. The Federal Reserve Board (fRB) compiles HMDA required data from these lending institutions and issues annual disclosure statements as to asset size, net worth and status of loan applications. The total value is $645,833.00.

I ii

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JUSTIHCATION FOR OTHER THAN FULL & OPEN COMPETITION:

(4) An identWcation ofthe statutory authoritypermirthig other than full and open competition.

The statutory authority permitting the sole sourcing of services is (see FAR 13.501(a)(2).

Only one source is capable of responding due to the unique or specialized nature of the work.

(5) A demonstration that the proposed contractor’s unique qualifications or the natztre of the acquisition requires use of the authority cited.

The purpose of the Home Mortgage Disclosure Act (HMDA) is to provide the citizens and public officials of the United States with sufficient information to enable them to determine whether depository institutions are filling their obligations to serve the housing needs of the communities and neighborhoods in which they are located and to assist public officials in their determination of the distribution of public sector investments in a manner designed to improve the private investment environment.

The HMDA tasked the Federal Financial Institutions Examination Council to implement a system to facilitate access to data required to be disclosed under this section. The Federal Financial Institutions Examination Council (FFIEC), is comprised from a group of Federal entities including the Office of the Comptroller of the Currency (0CC), the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve System (Board), the Office of Thrift Supervision (OTS), and the National Credit Union Administration (NCUA), and the U.S. Department of Housing and Urban Development, or, collectively, the Agencies. The Agencies comprise the federal Financial Institutions Examination Council (FfIEC). In accordance with the HDMA, 12 USC § 2801 et seq., the Agencies collect certain HMDA data that reporter institutions are required to file.

The FRB board is the contracting activity and it relies on Section 10 of the Federal Reserve Act as the authority to enter into this agreement. The FRB is performing administrative responsibilities for the FFIEC in accordance with 12 U.S.C. Section 3307(b) and Sections 10 and 11 of the federal Reserve Act, 12 U.S.C. 244 and 248.

(6) A description ofefforts made to ensure that offers are solicitedfrom as manypotential sources as is practicable, including whether a notice was or wilt be publicized as required by Subpart 5.2 and, tf not, which exception under 5.202 applies.

A Notice of Intent to Sole Source to the Board of Governors of the Federal Reserve System was posted on November 29, 2018 on the Federal Business Opportunity website that closed December 14, 2018. Once the award is issued, this justification will be publicized on the Federal Business Opportunity website.

(7) A determination by the contracting officer that the anticipated cost to the Government will befair and reasonable.

Prior to the issuance of any contract award, the Contracting Officer will obtain pricing information and a price analysis will be conducted to sufficiently determine that the overall price represents a fair and reasonable price to meet the Government’s needs. Information will be obtained to evaluate the reasonableness of the price in accordance with FAR 13.5.

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETmON:

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

Market research was conducted to fulfill FAR, Part 10, to determine if there was a contractor or agency in the marketplace that could provide disbursement to the Board of Governors Federal Reserve Board (FEE) for providing Home Mortgage Disclosure Act (FIMDA) services. A Notice of Intent was issued November 29, 2018 (FBO) no responses were received. Based on the Memorandum of Understanding (MOU) between HUB, the Board and other FFIEC members disbursements from HUB and other participating agencies have been paid as mandated by law from 20016—2019. Therefore, the market research outcome for the 2019 period showed that there is no other vendor that can provide these services except FFIEC. Disbursement in the amount of $645,833.00 is being made to the Board of Governors Federal Reserve Board as a proxy, because FFIEC is not a federal government agency.

Sources — Market Research

Vendor Location Point of Contact Socio- Capability Name economic ijpjrflrv

The Federal Washington, Name: Tim Lambert NA In accordance with the Financial DC Phone: 202.435-7523 Home Mortgage Institutions Email: Disclosure Act Examination timothy.lambert@cfpb.g (HMDA or the Act), Council 12 USC § 2801 et seq.

(FFIEC)

(‘9) Any otherfacts stipporthig the use ofother than full and open competition, such as:

The Board of Governors Federal Reserve Board the current incumbent has received disbursements from HUD since 2016 for HMDA related services.

(10) A listing of the sources, ifany, that expressed, in writing, an interest in the acquisition.

None received.

(‘lV A statement ofthe actions, ifany, the agency may take to rentove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The Government plan to monitor and research the market and post the requirement on the Federal Business Opportunity before awarding any subsequent awards.

(12) The Technical or requirementspersonnel certification that any supporting documents that is ttsed and which form the basisfor thejustification have been is certified as complete and accurate by the technical or requirements personneL

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION:

See HUD Cover Sheet, Part 1, Justification, Section — Other Than full and Open Competition Based on Brand Name, Subsection — Program Office Official’s Certification.

(13) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief

See IILTD Cover Sheet, Part 2, Contracting Officer’s Determination and Certification.