For_Posting_HLP_SOLE_SOURCE_JUSTIFICATION_2-2019_(Signed).pdf

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SOLE SOURCE JUSTIFICATION

(FOR SAP PROCUREMENTS)

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

Requisition Number: RQ-33-19-000012

Procurement Action Type: New Contract

Contract Number:

Contractor Name or Brand Name Product: HLP Integration, LLC

Supplies or services to be procured:

PBGC requires Litigation Document Hosting and Management Support. The Contractor will provide a team of experienced eDiscovery platform development professionals able to oversee, manage and track hosting activities, to meet PBGC’s requirements. As needed, the Contractor will also process document searches as requested.

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:

Native Data Processing 12 Months Native Data Conversion to TIFF 12 Months Optical Character Recognition (OCR) 12 Months Endorsement of Pages 12 Months Data Hosting 12 Months Annual Xera Subscription (Up to 5 Users/Per User) 12 Months Data Conversion to Hardware / Media 12 Months Project Management 12 Months Other Direct Costs (ODCs)

Total Estimated Value per year is

Total Estimated Value:

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

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HLP Integration, LLC. is the only source capable of providing PBGC with Litigation Document Hosting and Management Support. Migrating to a new Litigation Document Hosting Platform would likely result in the loss of important meta-data for approximately 2 million litigation documents, which in turn would result in significant legal risks for the attorneys involved. Any attempt at recompeting this effort using full and open competition would place the agency’s ability to achieve an optimal outcome and would put the Black et al. v. PBGC litigation case in jeopardy.

OGC believes the only viable option to accomplish this work in a timely, cost-effective manner, at the level of quality required is to allow HLP Integration, LLC. to provide the required service.

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

Historical pricing from the current contract and the IGCE will be reviewed to determine if the cost/price is fair and reasonable.

No new Market Research was conducted. The litigation is ongoing, and the ability to quickly access and search the document database will be critical during the upcoming phases of the ongoing litigation, PBGC requires that HLP continue to maintain the Discovery Platform, host the documents in electronic format, and assist with additional future document searches.

PBGC would have a substantial duplication in cost and potential loss of vital case related information if this requirement is not sole sourced.

No other contractor has provided written interest in this acquisition.

PBGC will continue to review the market and potential sources on GSA and FBO to overcome barriers to competition.

PBGC may also create a RFI to review the market and identify new sources.

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

ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

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

AS MANY POTENTIAL SOURCES AS PRACTICABLE

A Notice of Intent will be posted on FBO.gov. This will allow intrested parties to request further information about this requirement. This is an ongoing legal case which should not be recompeted. GSA ebuy and FBO.gov were not reviewed to identify any new potential sources. There is a possibility of losing vital case related information and substantial duplication in cost of this is recompeted.

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

12. TECHNICAL OR REQUIREMENTS PERSONNEL’S CERTIFICATION

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I hereby certify that this Sole Source Justification, and all supporting data, are accurate and complete to the best of my knowledge and belief.

Terria Williams Program Office/ Administrative Officer

Signature February 21, 2019 Date

I hereby certify that this Sole Source Justification, and all supporting data, are accurate and complete to the best of my knowledge and belief.

Judene A Dayes Contracting Officer

Signature February 21, 2019 Date

I approve this Sole Source Justification

Justification exceeds $700K but does not exceed $7M

Competition Advocate

Signature Date

13. CONTRACTING OFFICER’S REVIEW OR APPROVAL

14. COMPETITION ADVOCATE’S REVIEW OR APPROVAL