2024 - EMCBC Legal eDiscovery Software - JOFOC.pdf
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- Solicitation number
- 89303324FEM400427
About this file
This document is a Justification for Other than Full and Open Competition (JOFOC) for a legal eDiscovery software requirement by the U.S. Department of Energy (DOE), Office of Environmental Management (EM), through the Environmental Management Consolidated Business Center (EMCBC).
EM requires a FedRAMP-approved contractor that can provide customized legal eDiscovery software and services to enhance its ability to effectively carry out legal requirements across the nation. The EMCBC has determined that CASEPOINT, LLC (Casepoint) is the only responsible source that meets the agency's needs, as it is the only FedRAMP-approved eDiscovery platform that is compliant with the EMCBC's IT requirements. Casepoint is a small, disadvantaged business that offers a comprehensive, cloud-based eDiscovery solution with advanced analytics, AI-powered tools, and robust data management features. The EMCBC has conducted market research and posted a notice of intent on SAM.gov, but did not receive any other responses indicating the availability of other capable providers. The EMCBC has determined that the anticipated cost from Casepoint is fair and reasonable for the required services.
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U.S. Department of Energy Environmental Management Consolidated Business Center
Justification for Other than Full and Open Competition
(1) Identification of Agency and the Contracting Activity:
The United States Department of Energy (DOE), Office of Environmental Management (EM), through the Environmental Management’s Consolidated Business Center (EMCBC).
(2) Nature and Description of Action Being Approved:
EM requires a FedRAMP approved contractor that can provide customized legal eDiscovery for the entire discovery process; including legal hold, preservation, data collection, data processing, AI-powered analysis, review, production and case summary to enhance the DOE/EM’s ability to effectively carry out its legal requirements across the nation. Utilization of the services being requested will enhance the legal office’s ability to guide EM quickly and accurately, and ensure the DOE remains above reproach with the ever-changing legal landscape.
(3) Description of the Services Required to Meet the Agency’s Needs and Estimated Value:
CASEPOINT, LLC (Casepoint) is the only FedRAMP approved, eDiscovery Platform, which is a Small Business Concern, and FITARA reviewed to be compliant with the EMCBC platform.
(4) Statutory Authority Permitting Other Than Full and Open Competition:
The statutory authority to noncompetitively award this contract is found in FAR Part 6.302-1, Only one responsible source is available, and no other supplies or services will satisfy agency requirements.
(5) Contractor’s Unique Qualifications:
Casepoint is a small, disadvantaged business concern which offers a comprehensive, cloud-based solution designed to streamline the legal discovery process. The platform integrates advanced analytics, AI-powered tools, and robust data management features to enhance efficiency and accuracy in legal investigations and litigation. Unique capabilities include real-time data processing, customizable workflows, and an intuitive interface that supports a range of legal tasks from eDiscovery to case management. By leveraging these technologies, Casepoint enables legal teams to handle large volumes of data effectively, reduce costs, and make informed decisions with greater speed and precision.
(6) Description of efforts to ensure offers are solicited and whether a notice will be publicized.
A notice of intent was publicized on SAM.gov on August 30, 2024.
(7) Determination that the anticipated cost to the Government will be fair and reasonable.
The cost is fair and reasonable as they are the only provider of an exclusive service which is required for the day to day activities of the EM legal team.
(8) Statement of Reason Why Market Research Was Not Conducted.
Market research was conducted in an attempt to find other companies with the capabilities to perform in a similar manner with Casepoint. In addition, a Notice of Intent to Sole Source was posted on SAM.gov on August 30, 2024, in an attempt to gain interest from other companies. No one else replied, so it can be inferred that there is no other offeror capable of providing the required service.
(9) Other Facts Supporting the Use of Other than Full and Open Competition
This contract is necessary for this critical mission support requirement to maintain a sustainable organization in compliance with the law and all legal precedents. All other facts have been documented.
(10) Listing of the Sources, if any, that Expressed an Interest in the Acquisition
A synopsis was posted on the EMCBC webpage www.emcbc.doe.gov for informational purposes only. The DOE is not seeking interested parties at this time.
(11) Statement of the Actions, if any, the Agency May Take to Remove or Overcome any
Barriers to Competition Before any Subsequent Acquisition for the Supplies or Services
Required
The agency will reconsider whether it is prudent to seek competition of future acquisitions for these services.
(12) Contracting Officer Certification
In accordance with FAR 6.303-2(b)(12) the Contracting Officer certifies that this justification is accurate and complete to the best of my knowledge and belief.
Chris L. McFarland, Contracting Officer http://www.emcbc.doe.gov/
| 2024-09-05T10:20:24-0400 | |
| CHRISTOPHER MCFARLAND |
File details come from the government source that posted it. Updated .