Justification for Brand Name Signed.pdf

Federal Communications Commission Enterprise Acquisition Center

LIMITED-SOURCES JUSTIFICATION FOR FEDERAL SUPPLY SCHEDULE PROGRAM

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 8.405-6

TITLE Everlaw eDiscovery Tool Procurement Request Number:

OIG2400011

DATE: 8/6/2024

This is a limited sources action is a justification for Limited Sources[Insert the appropriate circumstance justifying restriction per FAR 8.405-6(a)(1)((b).

This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501).

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Limited-Sources Justification for Brand Name. IAW FAR 8.405-6(a)(1)(b).

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. The justification will be posted as required after the award.

2. Nature and/or description of the action being approved. This is a new order to obtain the eDiscovery tool Everlaw. As a cloud-native platform, Everlaw can be accessed via any modern device with an active Internet connection. Everlaw is authorized as FedRAMP moderate and holistic security and compliance program, sponsored for authorization by the United States Department of Justice. The proposed action will result in an anticipated contract that includes a base period of (12) twelve months and two (4) 12-month option periods.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Everlaw FedRAMP Government Community Cloud Platform Subscription with Monthly Service and Active Data Bundle (1TB). The estimated Value is $126,000 for the base year, and $126,000 for each option year. The total estimated contract value will be $630,000.00 for a base period and four 1 -year options.

Everlaw provides unlimited training and support for customers throughout the life of the agreement.

4. An identification of the LSJ rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service.

Everlaw is utilized by the Department of Justice (DOJ) and is within a highly secure environment .

To that end, OIG collaborates daily with the DOJ on Mission Critical Investigations therefore requiring compatibility. Everlaw provides advanced analytics to quickly identify key information, allows collaboration to craft narratives, organize arguments and analyze evidence to manage investigations or litigation with a secure, integrated suite of tools. The unique features offered by Everlaw are not available with any other providers in the market place.

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

This requirement is being procured under Everlaw’s GSA schedule contract. As such, IAW FAR 8.404(d), GSA has already determined the prices/rates of supplies/services to be fair and reasonable under its schedule contracts. The vendor has provided rates at or below their published GSA rates. Therefore, the proposed rates are determined to fair and reasonable on of best value to the government. Everlaw does have other distributors however they offered the best value to the Government.

6. A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted.

Market research was conducted by comparing the organizational needs with products in the marketplace which consisted of reviewing the NASA SEWP, and GSA Schedules as well as comparing product rates on the GSA schedule for the particular product that were compatible and interfaced with the platform used by the Department of Justice.

7. Any other facts supporting the limited source justification.

N/A

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

In an effort to remove barriers to competition, the FCC will continue to conduct Market Research in accordance with FAR part 10, check required sources prescribed in FAR part 8, and review mandatory sources to include GSA Federal Supply Schedules. Additionally, the FCC will utilize any opportunities for Sources Sought Notices and/or Requests for Information (RFIs) to determine if other manufacturers or resellers are available to satisfy this requirement. Additionally, as emerging technologies become commercially available, the Government will conduct technology feasibility studies, and/or conduct prototype/pilot tests to determine if newer products can replace existing products operating within the FCC’s IT environment.

9. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

10. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

As evidenced by my (our) signature(s) below, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Certification

[GUIDANCE: Technical and requirements personnel are required to certify that the supporting data which is their responsibility is complete and accurate. The contracting officer is required to certify that the facts and statements made in the justification are accurate and complete.] Please note that the COR should provide their name below but should not sign until the CO has reviewed the justification and requested signature.

Technical Representative/Contracting Officer Representative (COR) Certification:

Name/Title/Office: Kevin Beynum, AMS, OIG

Signature and Date:

Contracting Officer (CO) Certification and Approval (up to $750 K):

Name/Title/Office: Susan L. Nicholson, Contracting Officer, EAC

Signature and Date:

8/7/2024