842469502 JA Redacted.pdf

CUI

Controlled By: DISA/DITCO Controlled By: ASBCA CUI Category: PROCURE Distribution/Dissemination Control: FEDCON POC: Eric Tellado, eric.r.tellado.civ@mail.mil

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, and FAR Part 15

Purchase Request Number:

Contract Number: To be determined (TBD) Task/Delivery Order Number: TBD Procurement Title: Armed Services Board of Contract Appeals (ASBCA) C-Track Case Management System (CMS) Maintenance and Support Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 3204(a)(1) and FAR 6.302-1

Justification for OTFAOC Number: Not applicable

Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of FAR 6.302-1 as the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

The acquisition referenced herein is conducted under the Statutory Authority of 10 U.S.C.

3204(a)(1).

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency:

Armed Services Board of Contract Appeals (ASBCA) Skyline Six 5109 Leesburg Pike, Room 703 Falls Church, Virginia 22041

Contracting Activity:

Defense Information Systems Agency (DISA) Defense Information Technology Contracting Organization (DITCO)/PS8413 2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S):

The nature of this action is to procure proprietary brand-name, commercial off-the-shelf Thomson Reuters Court Management Solutions (Thomson Reuters) C-Track CMS software maintenance and support for the ASBCA. The procurement will be awarded as a firm-fixed-price (FFP) delivery order to the original equipment manufacturer (OEM), West Publishing Corporation, and sole provider of the C-Track CMS software maintenance and support, via an open market procurement. The period of performance for this requirement shall be June 1, 2024, ASBCA C-Track CMS Maintenance and Support

Page 2 of 10 Pages through May 31, 2025, with two 1-year option periods. The total estimated life-cycle value is Fiscal Year 2024, Army Operation and Maintenance Funds will be provided via

Military Interdepartmental Purchase Request number . The applicable North American Industry Classification System code is , Other Computer Related Services, with a sales size standard of

3. DESCRIPTION OF SUPPLIES/SERVICES:

This effort is to procure software maintenance and support for the C-Track CMS software currently being used by the ASBCA. The Thomson Reuters C-Track CMS software maintenance and support is required for the ASBCA to continue to manage and track electronic filing (e-filing) of court filings by the parties who litigate before the ASBCA and document management for the ASBCA’s docket of approximately 900 active cases. This software maintenance and support is the only software maintenance and support that has the ability to ensure ASBCA remain fully mission capable without interruptions to daily mission, which is critical in supporting the warfighter.

Functioning at the level of a federal district court, the mission of the ASBCA is to provide impartial, informal, expeditious, and inexpensive resolution, under the Contract Disputes Act or the ASBCA’s Charter, of disputes arising out of or related to contracts entered into by the DoD;

Departments of the Army, Navy, Air Force; National Aeronautics and Space Administration; and any other department or agency as permitted by law.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C. 3204(a)(1) (FAR 6.302-1/DFARS 206.302-1).

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events.

(1) Thomson Reuters C-Track CMS software is currently being used by ASBCA, and maintenance and support are required. Thomson Reuters C-Track CMS maintenance and support are proprietary and available only from the OEM, West Publishing Corporation. West Publishing Corporation owns the copyrighted source software, including all legal rights, privileges, and ownership contained therein. No vendor or contractor may legally modify or change the software, nor would they have access to the source code to do so. Thomson Reuters C-Track CMS software maintenance and support is essential to meet the Government’s requirement. C-Track software is already integrated into the existing infrastructure, and no other brand-name software can interoperate with that infrastructure, nor could any other brand meet the requirements or the C-Track CMS software maintenance and support functionality.

The existing software supports the Government’s continuity of operations mission and possesses the capability to ensure seamless interoperability. To sustain the current operational software infrastructure, only the identified Thomson Reuters C-Track

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CMS software maintenance and support will satisfy this requirement, no other brand name products can seamlessly integrate with the existing Thomson Reuters C-Track CMS software infrastructure currently in place. The market research performed confirmed that there are no approved resellers that provide C-Track CMS maintenance and support services. Integrating a new software at this time would be time prohibitive and a major cost to the Government, which is beyond the scope of the Government’s need at this time.

(2) This is a follow-on to the existing contract, HC1084-18-P-0002, which has a period of performance ending on May 31, 2024. This contract was awarded to Thomson Reuters via full and open competition. The contract included extensive configuration of the Thomson Reuters C-Track CMS software to customize it so it was consistent with the ASBCA’s business practices. For instance, while the contract was awarded in August 2018, the ASBCA was unable to begin using the software until January 2020 due to the number of configuration changes incorporated into the ASBCA’s version of the software. Thereafter, the ASBCA commenced training its internal users on how to use the software. The Thomson Reuters C-Track CMS software is the primary tool used within the ASBCA’s existing infrastructure to manage its docket of cases, and employees use the software daily, and is therefore a critical tool in the execution of the ASBCA’s mission.

(b) Justification.

(1) Proposed sole source contractor.

West Publishing Corporation, doing business as Thompson Reuters Corporation.

(2) Discussion regarding cause of the sole source situation.

The Thomson Reuters C-Track CMS software is a proprietary product developed by Thomson Reuters to meet the needs of ASBCA. No other company is licensed to provide maintenance and support for the software, including making any as needed upgrades or modifications to the software. Only the Thomson Reuters C-Track CMS software maintenance and support will satisfy the needs of the ASBCA. This procurement is necessary to ensure the management and tracking of e-filing of court filings by the parties who litigate before the ASBCA and document management for the ASBCA’s docket of approximately 900 active cases. The Thomson Reuters, the OEM owns the copyrighted source software with all legal rights, privileges, and ownership control of the software source code. No other source may legally modify or change the software, nor would they have access to the source code to do so.

(3) Discussion regarding cause of the sole source situation.

The Thomson Reuters C-Track CMS software was integrated into the current infrastructure with the ASBCA having invested more than in the Thomson Reuters C-Track CMS software and support. Only the identified C-Track CMS

Page 4 of 10 Pages software maintenance and support will satisfy this requirement to sustain the current software infrastructure. Only the Thomson Reuters C-Track CMS software maintenance and support possesses the capability of seamlessly operating with the currently installed infrastructure to sustain the ASBCA’s mission. Other brands of software do not meet capability, connectivity, and compatibility requirements. No other brand-name software can seamlessly operate with the currently installed Thomson Reuters infrastructure, nor meet the requirements or the functionality of the Thomson Reuters C-Track CMS software identified above.

Annual maintenance and support of the C-Track CMS software was included in the existing contract that expires on May 31, 2024. The contract was awarded to Thomson Reuters. Currently, C-Track CMS is proprietary software, produced and maintained only by Thomson Reuters. Therefore, competition would not have been feasible had more time been available. It is also not anticipated that competition can be increased for any subsequent acquisition because Thomson Reuters remains the only vendor capable of providing maintenance and support for the C-Track CMS software.

(4) Impact

If a different OEM’s product was introduced into the existing Thomson Reuters architecture, the ASBCA will be left without support for its most mission-critical software application. If annual Thomson Reuters C-Track CMS maintenance and support are not obtained, the ASBCA’s most mission critical business applications will not be able to obtain critical updates, enhancements, and technical support services. If the Thomson Reuters C-Track CMS software is nonfunctioning due to lack of support, the ASBCA’s management will be unable to track the status of its cases and the number, location, and assignments of its worldwide hearings. The ASBCA’s Chairman will also be unable to provide case statistics to the heads of the DoD agencies, as is required by the ASBCA’s Charter.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES:

A combined synopsis/solicitation for this requirement will be published under the ‘Contract Opportunities’ section of the SAM.gov website, as required by FAR 5.2. A redacted copy of the approved J&A will be posted as an attachment to the request for quote.

Currently, Thomson Reuters C-Track CMS is proprietary software, developed and maintained only by Thomson Reuters. At this time, it is not anticipated that competition can be expected for any future acquisitions.

7. DETERMINATION OF FAIR AND REASONABLE COST:

A determination will be made by the contracting officer that the anticipated cost to the Government is fair and reasonable in accordance with one or more of the techniques described in

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FAR 15.404-1 and that the resulting contract represents the best value to the Government, as defined in FAR 2.101, to meet the Government’s needs.

Certified cost and price data is not required for this commercial item acquisition, in accordance with FAR 15.403-1(b)(3).

8. MARKET RESEARCH:

Market research was conducted during the period of September 2023, through April 2024, to determine availability of C-Track CMS software maintenance and support. Market research included posting a Request for Information / Sources Sought Notice (RFI/SSN) on SAM.gov from February 29, 2024, with responses due March 14, 2024, reviewing results of recent similar market research performed, and reviewing similar contracts recently awarded for similar or identical requirements, General Services Administration (GSA) federal supply schedule (FSS), National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP), and the DoD Enterprise Software Initiative (ESI).

The results of the sources sought notice yielded a total of ten responses, including two separate responses from Horizon Industries, Ltd. As anticipated, none of the responses included Thomson Reuters C-Track CMS as a recommended solution because Thomson Reuters is the only authorized licensor for the software and for the software maintenance and support. Six of the responses recommended using the Appian platform. These responses were submitted by authorized resellers and by the Appian Corporation itself. The remaining responses proposed different solutions.

The RFI/SSN provided the technical characteristics of the ASBCA’s existing system architecture and explained that the CMS solution must be compatible with and able to integrate seamlessly into the existing system architecture. The ASBCA’s system is hosted and maintained by the Acquisition, Logistics and Technology Enterprise Systems and Services (ALTESS) in Radford, VA. This is notable because the ASBCA has invested significant time with ALTESS to design and develop a system environment that is compatible with the existing C-Track CMS software architecture. Four of the responses did not address the ASBCA’s existing system architecture at all. The remaining six responses generally stated that their solution meets the targeted ALTESS environment.

Additional market research was performed by searching various Government-wide acquisition contracts (GWACS), including General Services Administration (GSA), National Aeronautics and Space Administrations (NASA) Enterprise-Wide Procurement (SEWP), and the Department of Defense (DoD) Enterprise Software Initiative (ESI) blanket purchase agreements.

Thomson Reuters indicated their GSA federal supply schedule (FSS) is being canceled and updated. However, the updated FSS will not be in place in time to be able to provide a quote for this effort. A review of NASA SEWP revealed three authorized resellers of Thomson Reuters, all of which were small businesses. Each were contacted via email to see if they could provide the required Thomson Reuters C-Track CMS software maintenance and support. Two responses

Page 6 of 10 Pages confirmed they were unable to provide a quote, and the third replied they will get back with a response. Market research was also conducted through a review of DoD ESI, which revealed the Thomson Reuters C-Track CMS software maintenance and support are not available through their blanket purchase agreements.

However, West Publishing, dba Thomson Reuters, provided a letter confirming they are the sole provider of software maintenance and support for their system.

Currently Thomas Reuters does not have brand-name C-Track CMS software maintenance or support available under a GWAC therefore, the renewal of Thomson Reuters C-Track CMS maintenance and support will have to be solicited as an open market procurement.

As a result of the market research performed it has been determined the Thomson Reuters C- Track CMS software maintenance and support is not available under the GSA FSS, NASA SEWP, OR DoD ESI GWACs. C-Track CMS software maintenance and support renewal is only available via the OEM, West Publishing Corporation, a large business via open market. West Publishing Corporation only provides this support directly to the end user and does not have any resellers authorized to provide the support.

Market research supports this requirement meets the definition of a commercial item in accordance with FAR 2.101. Based on current market research, conducted September 2023 through April 2024, it has been determined that only the brand-name product support, Thomson Reuters C-Track CMS, can fully support the Government’s need. No competitor’s functional replacement products exist in the market at this time to meet the Government's need. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions, e.g., there are similar products supported in the marketplace that provides the same functionality, the OEM releases ownership rights of product, or it is economically feasible to procure a new system.

9. ANY OTHER SUPPORTING FACTS: None

10. LISTING OF INTERESTED SOURCES:

An RFI/SSN posted to SAM.GOV from February 29, 2024, to March 14, 2024, yielded ten responses as noted in the table below. Thomson Reuters C-Track CMS software maintenance and support is proprietary and was developed and customized to meet the requirements of the ASBCA by the OEM, Thomson Reuters.

Company Name Point of Contact Size Proposed Case Management

System Horizon Industries, Ltd.

*Submitted two (2) responses to the RFI

Sunil Shamlal contracts@hil.us 703.955.4665

Small business Appian

Groundswell

Kevin Kiser

Small business

Unified Dynamic Case Management

Page 7 of 10 Pages kkiser@gswell.com 703.304.9383

(UDCM) running on Appian

Human IT Solutions, LLC

Chris Manier chris.manier@humanit.us 937.469.8717

Small business Appian

Appian Corp.

Gordon Heil gordon.heil@appian.com 703.955.6758

Large business Appian

PHASE, LLC

*Joint Venture between PACE, LLC and PHASE Industries, Ltd.

Dr. Clifford Maxwell contracts@pacellc.net

202.368.3999 Small

business Appian

Agility Technologies, Inc.

Gunjit Khurana gunjitk@agilitytechinc.com 202.427.6487

Small business

Salesforce, MuleSoft Integration Platform, and Tableau

Tyler Technologies, Inc.

Steve Runkle steve.runkle@tylertech.com 703.346.0218

Large business

Tyler’s Application Platform

Varmoda Tech, LLC Sejal Jain sejal.jain@varmoda.com

Small business ArkCase

4Tech Solutions

Lindsay Martin lindsay@4tech4me.com 770.241.0670

Small business Clio

While responses were received in response to the RFI/SSN, the required C-Track CMS software maintenance and support has no authorized resellers, and because the Thomson Reuters C-Track CMS software system is proprietary, no other vendor can provide the required annual maintenance and support. In addition, no other OEM’s product is compatible with the existing C- Track CMS system.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History.

Previous Contract No.: HC1084-18-P-0002; awarded August 26, 2018, with a period of performance that included a 1-year base period, and four 1-year option periods as follows:

Base period: September 1, 2018 – August 31, 2019 Modification P00003 revised the PoP end date to January 31, 2020 Modification P00004 revised the PoP end date to May 31, 2020 As a result of these modifications, the PoP’s for Option Periods 1,2, 3, and 4 were also revised.

Option Period 1: June 1, 2020 – May 31, 2021 Option Period 2: June 1, 2021 – May 31, 2022

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Option Period 3: June 1, 2022 – May 31, 2023 Option Period 4: June 1, 2023 – May 31, 2024

Previous competitive status: full and open.

Contract HC1084-18-P-0002 was a competitive, open market procurement for the acquisition of a new case management system, with the contract awarded to Thomson Reuters. That contract included extensive configuration of the C-Track CMS software to customize it for the ASBCA’s use. Thomson Reuters provided annual maintenance and support throughout the base period and option periods. This requirement is for continued maintenance and support of the software, which cannot be provided by any third-party vendors. At this time, it is not anticipated that competition can be increased for any subsequent acquisition. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions.

(b) Actions to remove barriers.

The Government will continue to conduct market research to ascertain if there are any changes in the marketplace that would enable future actions to be competed without restriction. In the future the Government will determine if evaluation, testing and qualification of alternative products are prudent with respect to prior investment costs, pending end of service dates for existing products, man-power availability, and the total cost to the Government and budgetary allowances. However, until that time, it is anticipated that any additional increase of the existing C-Track CMS products and support will need to be conducted on a brand-name, sole source basis.

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE:

TITLE/ORGANIZATION:

PHONE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE:

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort exceeds but does not exceed , this certification serves as APPROVAL.

NAME: SIGNATURE

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO: