Sole Source 11-07_Redacted.pdf

Revised: 03/26/2018 - Older versions are obsolete and should not be used. Page 1

SOLE SOURCE JUSTIFICATION

(FOR SAP PROCUREMENTS)

Contracting Organization: Pension Benefit Guaranty Corporation (PBGC) / Procurement Department (PD)

Requisition Number: 43-23-000010

Procurement Action Type: New Contract

Contract Number: TBD

Contractor Name or Brand Name Product: VitalLaw

Supplies or services to be procured:

The service is for an annual subscription to the VitalLaw pension library database, which is provided by Wolters Kluwer. This will provide access for 100 named users.

Supplies: Quantity and estimated value of each item to be procured: OR Services: Period of performance and estimated value of each service to be procured:

Period of performance: The contract will be a base period and four option years with an option of a six month extension if needed. Each estimate factors in 5% inflation from the previous year.

- Base period: 01/02/2023-01/01/2024- $9,836.09

- Option period 1: 01/02/2024-01/01/2025- $10,327.89

- Option period 2: 01/02/2025-01/01/2026- $10, 844.28

- Option period 3: 01/02/2026-01/01/2027- $11,386.49

- Option period 4: 01/02/2027-01/01/2028- $11,955.81

- Six month extension: 01/02/2028-07/02/2028- $5,977.91

Total Estimated Value: $60,328.47

VitalLaw's Pension and Employee Benefits platform provides current trusted resources on employee benefits, retirement plan administration, and compliance. These materials equip internal customers with insight on ERISA litigation, ERISA compliance, plan terminaions, and other relavent content. The 100 named users have the ability to

1. AGENCY AND CONTRACTING ACTIVITY

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

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

4. AUTHORITY PERMITTING SOLE SOURCE PROCUREMENT

5. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE

ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

Revised: 03/26/2018 - Older versions are obsolete and should not be used. Page 2 highlight and make notes on material, save pages and chapters, create folders to organize favorite materials, and download resources.VitalLaw showcased resources on pension benefits, including guide books on ERISA litigation and law. Also, VitalLaw has customized newsletter options for employee benefits, journal of pension benefits, and journal of pension planning and compliance.

Market Research conducted in FY22 demosntrates VitalLaw is the only proficient source for this service. A general search for pension and employee benefits legal resources was conducted. Limited resources were available on the following databases: Bloomberg and Westlaw. Some research materials were also available on the Employee Benefits Security Administration federal government website. Bloomberg did not possess any resources on divorce pension, pension answer, or any reference material on ERISA compliance, which are resources in demand at PBGC.

Westlaw offered few pension materials; these resources included three of Wolters Kluwer publications.

A notice of intent will be posted to SAM.gov to ensure there are no additional vendors that can provide the same serivces.

Determination: A determination that the cost/price is fair and reasonable will be made by the Contracting Officer before the contract action is issued.

The CO will include a statement of price reasonableness in the contract file based on at least one of the following

(i) Market research;

(ii) Comparison of the proposed price with prices found reasonable on previous purchases;

(iii) Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price;

(iv) A comparison with similar items in a related industry;

(v) The contracting officer’s personal knowledge of the item being purchased;

(vi) Comparison to an independent Government estimate; or

(vii) Any other reasonable basis.

Based on the market research conducted, VitalLaw contains a competent set of pension benefit resources, including practical tools, awareness resources, and professional resources, that are essential to internal stakeholders to carry out mission critical assignments. Also, VitalLaw offers accurate resources on pension planning and employee benefits as the materials are authored by trusted authorities in their respective fields.

It is the mission of PBGC's Corporate Library to provide necessary pension and employee benefits to support staff in fulfilling the agency's mission. Possessing a contract with VitalLaw will enable library staff to continue aiding internal stakeholders with this task.

Not applicable to Sole Source procurements at or below the SAT

Not applicable to Sole Source procurements at or below the SAT

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS/OFFERS ARE SOLICITED FROM

AS MANY POTENTIAL SOURCES AS PRACTICABLE

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT

OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

9. ANY OTHER FACTS SUPPORTING THE USE OF SOLE SOURCE

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION

11. A STATEMENT OF THE ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE MAKING ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES REQUIRED