SF 1009.pdf

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SF 1009 for LawProse Advanced Legal Writing and Editing Course
Solicitation number
20343024Q00041
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About this file

This document is a Sole Source Justification under FAR 13.106-1(b) for the Consumer Financial Protection Bureau (CFPB) to award a contract to LawProse Inc., a women-owned small business, for the purchase of a 5.0-hour writing course titled "Advanced Legal Writing and Editing Training" for up to 90 CFPB Enforcement staff. The anticipated period of performance is September 16, 2024 through September 15, 2025. The Justification states that LawProse's course is uniquely suited to meet CFPB's training needs, as it focuses on analytical and persuasive legal writing skills relevant to CFPB's attorneys, paralegals, investigators, and economists. The course will be taught by renowned legal writing expert Bryan A. Garner. The Independent Government Cost Estimate for this requirement is $96,255. The Justification notes that CFPB has procured this training from LawProse annually from 2017-2023 through separate awards ranging from $22,550 to $35,818, and has not identified any other comparable training providers.

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DEPARTMENT OF THE TREASURY

SF 1009 - FAR 13.106-1(b) SOLE SOURCE JUSTIFICATION FOR

ACQUISITIONS AT OR BELOW THE SIMPLIFIED ACQUISITION THRESHOLD

Treasury Standard Form – 1009 (Rev 10/18) Prescribed by Treasury: DTAP 1013.106(b)

1. Identification of the requesting activity and contracting activity.

The requiring activity is the Consumer Financial Protection Bureau, and the contracting activity is Bureau of the Fiscal Service.

2.a A description of the supplies or services required to meet the agency’s needs.

The purpose of this sole source justification is to obtain approval to award a contract with LawProse Inc. for the purchase of Bryan A. Garner’s 5.0-hour writing course, Advanced Legal Writing and Editing Training for Enforcement staff. The anticipated Period of Performance is 09/16/2024 through 09/15/2025.

2.b Name and business size of the vendor. LawProse Inc. (Women-owned Small Business) 2.c Requisition No. CFP-50400-24-0050

3. IGCE/Estimated dollar value.

The IGCE is $96,255.00 This is for course materials and attendance for three (3) classes with up to 30 people in each class, of Advanced Legal Writing and Editing for up to a total of 90 people.

Refer to the IGCE for additional details.

4.a Identification of the circumstances that preclude competition (Check the appropriate box that applies).

Urgency Exclusive licensing agreements Brand-name Industrial mobilization.

Other Only One reasonable source

4.b Supporting information and facts (i.e. the details surrounding the requirement that supports the selection made in 4.a). The proposed contractor’s unique qualifications and the nature of the acquisition requires use of the authority cited as follows:

• This course will provide training in a subject that is relevant to attorneys, paralegals, investigators, and economists in the Office of Enforcement especially since much of their jobs involves very specific legal writing and editing. The session will focus on a number of topics: framing issues that get judge’s attention, achieving a more lean writing style, getting projects down on paper most efficiently, quoting authority most effectively, becoming more knowledgeable about the nuances of legal usage, solving editorial problems as related to legal writing, using syllogistic reasoning to build a compelling argument, ways to best organize writing projects (knowing the best approaches for each part of the brief, and employing effective writing skills to create a product that will interest judges).

• This program focuses on analytical and persuasive writing, with examples from actual memos and briefs. The training concentrates on the five major skills that good legal writers must develop: framing issues that grab the reader; cutting wordiness that wastes the reader’s time; using transitions deftly to make your argument flow; quoting authority more effectively; and handling your writing projects more efficiently.

• These topics are very relevant to staff members in the Office of Enforcement and their case work. These trainings will all be taught by Bryan A. Garner, who is a Nationally known, renowned expert in the field of legal writing.

5. Any other important information.

This training was identified by attorneys and management staff within the Office of Enforcement as being suited to their specific training needs. Market research was conducted on the Internet and this training program was found to be unique in terms of subject matter. No comparable course by any other provider is available. One other vendor offers a similar program. That is Ross Guberman, Legal Writing Pro, http://www.legalwritingpro.com/ But note that the information that details various course offerings on the Legal Writing Pro website

Treasury Standard Form – 1009 (Rev 10/18) Prescribed by Treasury: DTAP 1013.106(b) does not include the breath of topics included in the Law Prose course.

The Legal Writing Pro course is only a 3-hour course that covers: How to make work product more concise, how to restructure rambling paragraphs, and how to transition between sentences more effectively.

This training class has been purchased annually in separate awards from 2017 to 2023. No other source has been identified who can offer anything similar; Therefore, the CFPB believes it is in the best interest of the Government to procure these trainings to provide consistent training for all staff in the Office of Enforcement. The award history is as follows:

• 9531CB20P0008: Issued on 03/06/2020 with a Period of Performance of 03/13/2020 through 05/31/2020. The Total Contract Value (TCV) was $22,550.00 and provided training for 25 students.

• 9531CB22P0012: Issued on 02/25/2022 with a Period of Performance of 02/01/2022 through 06/09/2022. The TCV was $35,818.00 and provided training for up to 40 individuals.

• 9531CB23P0009: Issued on 01/20/2023 with a Period of Performance of 01/19/2023 through 06/30/2023. The TCV was $30,715.00 and provided training for up to 40 individuals.

• 20343024P00002: Issued on 02/05/2024 with a Period of Performance of 02/05/2024 through 04/04/2024. The TCV was $32,085.00 and provided training for up to 30 individuals.

6. Certifications and Approvals.

6.a Program Office certification (Requiring Activity). I hereby certify that the supporting information and data provided, and which form the basis for this justification are accurate and complete to the best of my knowledge and belief.

Name: Wade Sorenson Date:

Signature:

6.b Contracting Officer approval. In accordance with FAR 13.106-1(b)(1), as a warranted contracting officer, I hereby determine that the circumstances of the acquisition make only one brand-name or source reasonably available for the reasons provided above; therefore precluding competition and supporting the Government’s determination to solicit as a brand-name requirement or solicit and award to the vendor stated in section 2.b.

Name: Melissa J. Caplinger Date:

Signature:

8/2/2024 https://www.acquisition.gov/?q=/browse/far/13

2024-08-02T14:00:35-0400
WADE SORENSON

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