Contractor to provide access to multiple online legal courses

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY 1. Identification of the Agency and the contracting Activity: Agency: U.S. Department of Housing and Urban Development Requirement Activity: Office of General Counsel (OGC)/Budget and Contracts Division Contracting Activity: Office of the Chief Procurement Officer (OCPO) NOA 2. The Nature and/or description of the action being approved: OGC requires a subscription of online courses to assist OGC's attorneys and paralegals to acquire their Continued Learning Education (CLE) credits, maintain their certification(s) and to increase their awareness in the legal arena. West Publishing provides the online legal education courses to OGC employees in the Headquarters, Field and Regional Offices. In addition, they also provide flexibility in attending these critical courses 24 hours a day,7 days a week and nationwide. This is a Justification for an exception to fair opportunity pursuant to the authority of Federal Acquisition Regulation (FAR) Part 16.505(b)(2)(i)(B). 3. A description of the supplies or services required to meet the agency's needs (including the estimated value): HUD requires the following services: - online subscription services for legal, paralegal, tax law, litigation, business and professional skills courses; - information and materials are updated; - courses are available 24 hours a day and 7 days a week; - a helpdesk that can provide a response time within 24 hours of a request; - legal education programs that are applicable per the state where the employee works, within the USA and Puerto Rico; and - CLE courses that the vendor will submit to the employee's state; The estimated value of this requirement for a base period of 12-months and four 12-month options is $806,689.43. 4. Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the exception cited: FAR Part 16.505(b)(2)(i)(B) -- only one awardee can provide the services required at the level of quality required because the services ordered are unique or highly specialized. West Legal Education Online provides access to premier content providers that go beyond traditional CLE offerings. These content libraries: 1) cover a full range of topics, complementing any in-house programs; 2) augment our programming with offerings that cover the substantial law, legal practice skills, such as pre-trial motions and cross examination; and 3) offer business and professional skills courses. West Legal Education Online has special libraries that are devoted to paralegals, new attorneys and management in areas such as legal practice skills, pre-trial motions and cross examination; and business skills such as time management and delegation, tax law and personnel law, etc. West Legal Education Online provides the necessary flexibility for OGC staff to attend critical courses and receive the required CLE credits. In addition, they provide the required CLE Credits to the employee's designated state in which they work. West Legal Education online courses can be accessed nationwide 7 days a week, 24 hours a day. West Legal Education Online offers the most comprehensive library of online professional development programs in the industry, including programs from the nation's most respected local and state national bar associations and distinguished continuing legal education providers. With a subscription to West Legal Education Online, we will have access to the largest, most current library of legal professional development content online. 5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: The Contracting Officer will compare the contractor's proposed price to the IGCE, the contractor's negotiated price list and/or historical prices. By utilizing at least one of these methods to determine price fair and reasonableness, it is anticipated that the cost to the Government will be fair and reasonable. 6. Any other facts supporting the justification: A Sources Sought Notice was published through FEDBIZOPPS (FBO) requesting potential vendors to submit their capabilities statement in response to the notice. One response was received from West Publishing Legal Education Online. Additionally, market research was conducted by the program office against GSA schedules, FEDLINK, as well as a general internet search by key word for firms who could potentially provide legal online courses, certification by state, and provide the material needed for the training. No other company was found who could provide similar services at the level that the program office required such as they could not provide or apply CLE credits by state. West Legal Education Online was the only vendor that could provide these services at that level. It was found that West Legal Education Online was the standard service used to disseminate material and provide legal education to the legal community by state. 7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made: A Sources Sought Notice was published on FBO, a search of vendors was accomplished against the GSA schedules and FEDLINK contract holders as well as a general internet search for potential vendors who may have been able to provide these services was accomplished prior to making the requirement an exception to fair opportunity.