redacted Justification.pdf

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

In accordance with FAR 13.106-1(b)

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity Customer Agency Department of Labor Department of Labor

OASAM/OPSE OCIA

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 for Other than Full and Open Competition authorizes and approves the award to obtain online access to Law's Benefits and Executive Compensation Practice Center, Health Care Practice Center, and Financial Accounting Resource Center. This access is indispensable for the Office of Congressional and Intergovernmental Affairs (OCIA), the Employee Benefits Security Administration (EBSA), Office of Management and Policy Office of Inspector General (OIG) and the Office of the Secretary (OSEC) to support its research efforts and enforcement strategies effectively. This will result in a Firm-Fixed Price purchase order.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (Including the Estimated Value):

The objective of this acquisition is to renew the Law's Benefits and Executive Compensation Practice Center, Health Care Practice Center, and Financial Accounting Resource Center before the current subscription expires on May 2025, for Task Order 1605C3-24-F-00021. The access to these reports and databases provides comprehensive data on the following areas: Law's Benefits and Executive Compensation Practice Center, Health Care Practice Center, and Financial Accounting Resource Center.

OCIA requires online access to Bloomberg’s Government comprehensive suite of federal legislative news and tracking services. This access will be facilitated through a single, centralized web portal, ensuring that all services are available under one easily accessible link. The contract will support up to 26 designated users, allowing them to benefit from continually updated information. The service will be available 24 hours a day, 7 days a week, ensuring uninterrupted availability and support for users, regardless of time or location.

The following minimum requirements must also be met with unlimited access:

Accessible subscription site links will include:

• Comprehensive Legislative Search and Alert features

• Bill Pages that include full text of legislation, a timeline of legislative activity, CRS Summary, CBT Cost Estimate, Congressional Committee Reports, Legislative analysis, Real

Time floor updates on the bill, floor and committee amendments.

• Congressional Research Services Reports that are searchable and fully alert via email.

• Profiles of Members of Congress, Congressional Committees, Congressional Caucuses, Executive Agencies, governors, and State Elected Officials.

• Profiles of Congressional Districts and States that include business data, demographic information, government contracts from that state or district, election histories, and state level elected officials.

• Directories of Congressional Staff, Executive Agency Staff, Private Government Affairs Staff, and White House Staff.

• Hearing transcripts from Congressional Committee Hearings, as well as transcripts from news shows and other events where policy makers speak.

• Searchable Federal Contributions Database.

• Searchable Federal Regulations Comments.

• Congressional, Executive Agency, and Third-Party Policy & Think-Tank schedules that can all be scheduled as an email alert.

• Searchable Federal Register and the capability to alert to federal regulations.

• Searchable U.S. Code, U.S. Statutes at Large, and Code of Federal Regulations.

• Industry Data and business profiles of public and private companies.

• Fully searchable federal contracts database & fully alert federal contract opportunities Function.

• Fully searchable database of government documents including Annual Military.

• Assistance Reports, Congressional Budget Justifications, Defense Budget Materials, Exhibit 300s, Exhibit 53s, GAO Bid Protests, GAO Reports, Information Technology Plans, Office of the Inspector General Reports, Performance and Accountability Reports, President’s Budget Requests, Procurement Forecasts, Strategic Plans, and Sustainability Reports.

• Global News Coverage includes access to all written Senate, House, Joint, and Conference

Committee Reports, Newswires, Government Exclusive Analysis, Bureau of National Reports that includes the Daily Labor Report (DLR) the DLR for Executives, Labor Relations Week, Occupational Safety & Health Daily and Reporter, and the Pension & Benefits Daily and Reporter.

The period of performance will be one 12-month base period and one option period.

Estimated Value: Based on the Independent Government Cost Estimate (IGCE), the total anticipated award amount is estimated to be . The IGCE was developed by the quote provided by the vendor in conjunction with historical pricing utilizing previous orders with Bloomberg.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION:

Identification of the justification rationale is FAR 13.106-1(b): For purchases under the simplified acquisition threshold (SAT), Contracting Officer (CO) determination that contract circumstances deem one source reasonably available. Only one manufacturer can provide the services required at the level of quality required because the services ordered are highly specialized.

OCIA has specific requirements to track legislative actions in Congress and industry. Other tracking agencies, e.g. Lexis Nexis, are focused on State/Local Governments, or cover only certain aspects of Congressional activities.

Bloomberg Government (BGOV) is a comprehensive web-based information service which consolidates legislative, regulatory and procurement information to allow for analysis of government action. Its content includes Congressional data, Congressional analysis, Congressional news, legislation, calendar schedules, member profiles, state and district profiles, directory information, agency information, agency documents, code of federal regulation, and the federal register, federal budget, procurement, contracts and grant data, company and vendor information, industry specific news and analysis with emphasis on federal impact and bureau of national affairs titles. Most of the material in BGOV’s database and publications are unique and copyrighted protected.

Failure to award this contract as a sole source could precipitate operational disruptions for OCIA, EBSA, OIG and OSEC potentially impeding its ability to conduct research and enforcement activities effectively. Additionally, it introduces risks concerning the reliability and confidentiality of crucial market data. Such disruptions and risks could escalate operational costs and compromise the integrity of these agencies’ functions, ultimately impacting its ability to fulfill its regulatory mandates efficiently.

A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUSITION REQUIRES USE OF THE

AUTHORITY CITED:

Bloomberg offers comprehensive research and data services on a single platform, meeting all the requirements mentioned earlier. This platform ensures that OCIA remains well-informed about retirement markets and pertinent developments in the financial sector. As far as OCIA is aware, Bloomberg stands as the sole vendor offering consolidated access, providing a one- stop solution for a wide array of reports tailored to OCIA, EBSA, OIG and OSEC specific legislative, regulatory and procurement information to allow for analysis of government action. Its content includes Congressional data, Congressional analysis, Congressional news, legislation, calendar schedules, member profiles, state and district profiles, directory information, agency information, agency documents, code of federal regulation, and the federal register, federal budget, procurement, contracts and grant data, company and vendor information, industry specific news and analysis with emphasis on federal impact and bureau of national affairs titles. This unique feature streamlines the agencies workflow, allowing for efficient access to the necessary information crucial for fulfilling its mandate effectively. By utilizing Bloomberg’s platform, the agencies can enhance their research capabilities, stay abreast of market trends, and enforce regulations with greater precision and agility. This consolidated approach not only optimizes operational efficiency but also ensures that these agencies maintain their authoritative position in legislative, regulatory and procurement information.

Switching to a different platform would not only disrupt the agencies’ established workflow but also pose significant challenges to the agency's ability to deliver timely and accurate analysis in its ongoing authoritative responsibility. Due to the complexity and sensitivity of the agency’s missions, any disruption in the analysis process could have far-reaching consequences, including delays in justice and potential financial losses for affected parties. Therefore, maintaining continuity with the current platform is paramount for these agencies’ missions.

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:

In accordance with the Federally mandated initiative to utilize Best-In-Class and/or Strategic Sourcing vehicles, OCIA conducted Market Research via the General Services Administration (GSA) Advantage vehicle, and no resellers were identified.

Additionally, OCIA researched comparable solutions that will meet the technical objectives of this requirement. There were no solutions identified that could fully meet the government’s requirements.

Based on OCIA’s market research, this Request for Quote (RFQ) will be sole sourced to Bloomberg Industry Group Inc., 1801 S Bell Street, Arlington, VA 22202-4506. This procurement will be solicited in the open market, on a sole-source basis in accordance with FAR 13.106-1.

6. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNEMENT WILL BE FAIR AND REASONABLE:

A price analysis will be conducted upon receipt of the offeror’s proposal and the CO 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 Regulatory Support Reports and Data Subscription. In addition, OCIA conducted market research to determine if other vendors could meet the Government’s needs and determined that only Bloomberg Industry Group, Inc., can meet the needs of OCIA. The only vendor that can meet the specifications completely is the vendor Bloomberg.