J&A.pdf

U.S. Department of Justice

Executive Office for United States Attorneys

SOLE SOURCE JUSTIFICATION

SIMPLIFIED ACQUISITION EXCEEDING $250,000 BUT NOT EXCEEDING $650,000

INSTRUCTIONS: Instructions in the boxes below are for guidance only. Please delete any language that is not applicable prior to submitting a completed Justification and Approval (J&A). Do not modify or delete other parts of this template unless directed to do so by these instructions.

Modify the letterhead, above, so that it reflects the office of the requesting activity [e.g., United States Attorneys Office, Central District of State.}

JUSTIFICATION

1. Contracting Activity.

Executive Office for United States Attorneys

2. Description of the Action being approved.

New contract with Venio Systems, LLC (DUNS 006208229)

3. Description of the Supplies or Services and Estimated Dollar Value.

Venio Processing, 24-Core License; Venio Tiffing & Production, 30 Instances; Venio Near Duplicates, 4 Instances, Venio OCR Module, 24 cores;

Venio Review, 50 concurrent users; Venio Procesing, 4 cores burstable; Venio Self Service Module. Period of Performance: 9/30/2019-9/29/2020.

4. Authority Permitting other than Full and Open Competition.

"Other" Section 4202 of the Clinger-Cohen Act of 1996 and 41 U.S.C. 3304.

5. Proposed Contractor's Unique Qualifications or Nature of the Acquisition that Requires Use of the Authority Cited in Paragraph 4.

The supplies required are an item peculiar to one manufacturer, Venio Systems LLC, and no other type of supplies or services will satisfy agency requirements. Venio 's software is highly specialized and unique. EOUSA's Office of the

Chieflnformation Officer (OCIO) is acquiring Venio's software to support the processing, hosting, and production of electronically stored information in numerous existing cases. After extensive market research, in FY15, OCIO determined that Venio's software was the only software that satisfied its requirements. EOUSA acquired Venio software and integrated it into its cloud-based platform. EOUSA has spent several hundred thousand dollars integrating

Venio software, performing the relevant security assessment and authorization activities required to operate the software on DOJ cases, and developing processes and procedures for making use ofVenio software on DOJ cases.

Page I of3 Source Selection Information -- See FAR 2.101 and 3. 104.

(August 2015)

{ 1 .,r - , At present, Venio is being used to support numerous case teams. Supporting those case teams requires that EOUSA renew its Venio licensing. The case team are receiving data on a rolling basis.

Once data processing is started in Venio, the rest of the case data must also be processed in Venio to ensure valid data handling and de-duplication. As a result, EOUSA must continue to license Venio.

What is more, replacing Venio with an alternative product at this time would require significant time, effort, and cost. EOUSA has spent several hundred thousand dollars integrating Venio software, performing the relevant security assessment and authorization activities required to operate the software on DOJ cases, and developing processes and procedures for making use of Venio software on DOI cases. Deploying an alternative technology would require a similar (and likely greater) level of effort. Under the circumstances, EOUSA believes that the cost of a replacement far exceed the cost of the licensing being acquired. Venio Systems LLC is the sole source of Venio software licensing. Venio Systems LLC is also an 8(a) entity. In addition to the exemption cited in paragraph 4, competition is not required per 41 U.S.C. 3304( a)(l ).

The procurement will be made [select one of the four choices below]:

c=]from Federal Prison Industries (UNICOR).

c=]from Government Printing and Binding.

C]as a sole source award under the HUBZone Act of 1997.

c:=)as a sole source award under the Veterans Benefits Act of 2003 .

6. Efforts Made to Ensure that Offers will be Solicited from as Many Potential Sources as is Practicable.

For the reasons stated in paragraphs 5, 8, 9, and 10, soliciting only one source is the only practicable alternative.

7. Fair and Reasonable Cost. The anticipated cost to the Government is fair and reasonable.

8. Market Research.

OCIO conducted extensive market research. The market for electronic discovery software is narrow and niche, as compared to the market for many other types of software. OCIO's market research included, internet searches, searches of GSA schedules and resources, review of industry analyst research and reports, attendance at

LegalTech New York (the largest electronic discovery conference in the world), review of electronic marketing and technical materials provided by electronic discovery software manufacturers, communications and meetings with numerous electronic discovery software manufacturers, communications with multiple electronic discovery vendors, communications with other DOJ entities, and communications with other Government entities.

9. Other facts .

None.

Page 2 of3 Source Selection Information -- See FAR 2. 101 and 3. 104.

(August 2015)

10. Listing of Sources, if Any, that Expressed an Interest in the Acquisition.

None.

11 . Actions to remove barriers for any subsequent acquisition for the same supplies or services.

In an effort to remove competition barriers in the future, OCIO plans to re-evaluate its requirements over the next year. OCIO also plans to continue its market research. OCIO anticipates re-evaluating its requirements and re-competing this requirement (if warranted) at the expiration of the period of performance.

APPROVAL

Requesting Official The technical information provided as supporting data for this justification is accurate and complete to the best of my knowledge and belief.

MARC FU L KE RT Digitally signed by MARC FULKERT 812712019 Signature: Date: 2019.08.27 14:17:53 -04'00' Date:

Printed Name and Title: Marc Fulkert, Managing Attorney, L TSC

Contracting Officer In accordance with FAR 13 .501 , I certify that this justification is accurate and complete to the best ofmy knowledge and belief.

Date: Signature: ------------- -----------

Printed Name:

Page 3 of3 Source Selection Information -- See FAR 2. IO I and 3. I 04.

(August 20 15)