Approved TSF 1013 - Justification and Approval for FAR Subpart13_Redacted.pdf

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Notice of Intent to Sole Source - Alternative Litigation Support Systems (ALSS)
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This is a Justification and Approval (J&A) document from the Office of the Comptroller of the Currency (OCC) seeking approval for a sole-source bridge contract with Innovative Driven for litigation support services. The bridge contract will have a nine-month period of performance, consisting of a five-month base period and five one-month option periods, to maintain continuity of services until a follow-on contract can be awarded.

The required services include a SaaS cloud services solution for litigation support that covers Legal Hold Management, Processing and Hosting, Review and Analysis, and Production using the Electronic Discovery Reference Model (EDRM). The contractor will continue supporting workspaces in the government's recently added cloud-based RelativityOne Government system. The justification cites FAR 6.302-1 (only one responsible source) as the authority, noting that while market research identified multiple capable vendors (including Amyx, CACI, Deloitte, and others), there is insufficient time to transition to a new provider by February 5, 2025. The government plans to release a competitive solicitation for the follow-on contract in Q1 FY2025. The document is signed by Contracting Officer Joey Barden and includes provisions for review by an Advocate for Competition since the value exceeds $750,000 but is under $13.5 million.

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OFFICE OF THE COMPTROLLER OF THE CURRENCY

JUSTIFICATION & APPROVAL UNDER FAR PART 6

1. Identification of the requiring activity and the contracting activity:

The requiring activity in the Office of the Comptroller of the Currency’s (OCC) Chief Counsel’s Office and the contracting activity is OCC’s Acquisitions Management (AQM).

2.a Nature and/or description of the action being approved:

The purpose of this sole source justification is to obtain approval to extend the expiration of an existing bridge contract with Innovative Driven to continue litigation support services currently provided by the vendor until a follow-on contract is awarded. The period of performance will be for nine months – one five-month base period and five one-month option periods.

2.b Name of the vendor. Innovative Driven 2.c Requisition No.: 6421 2.d Bridge contract: Yes No 2.e Brand name: Yes No 3.a A description of the supplies or services required to meet the agency’s needs:

The Contractor provides a SaaS cloud services solution for a litigation support system that addresses the following parts of the Electronic Discovery Reference Model (EDRM): Legal Hold Management; Processing and Hosting; Review and Analysis; and Production. The Government recently added a cloud-based instance of RelativityOne Government. The Government’s general intent is for the Contractor to continue to perform all services of this contract for workspaces in the Government’s system.

3.b Includes IT: Yes No NAICS: 518210 PSC: DA01 3.c IGCE/Estimated dollar value:

The current award amount of the contract is and the IGCE for this bridge contract is , which includes all nine months of the bridge period. Refer to the IGCE for additional details.

4. Identification of the authority being used:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The Government currently uses the proposed Contractor’s SaaS solution to provide these services to the Government. The Government needs these services to continue uninterrupted until the follow-on contract for these services is awarded. No other source can provide these services by the time they are required. These services are critical to OCC’s ongoing litigation and enforcement efforts, and a break in services would inflict serious, and possibly irreparable, harm on the agency.

OFFICE OF THE COMPTROLLER OF THE CURRENCY

JUSTIFICATION & APPROVAL UNDER FAR PART 6

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR subpart 5.2 and, if not, which exception under FAR 5.202 applies:

The initial procurement for these services was the result of competition. However, post-award processing timelines have restricted the Government’s ability to award the follow-on contract, and there is not enough time for a contractor to transition to a new awardee to continue providing the services. The Government is in the process of seeking competition for these services for the subsequent acquisition.

In accordance with FAR subpart 5.2, a notice of intent to award a sole source contract under the authority of FAR subpart 13.5 will be posted on the Government Point of Entry.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer determines that the anticipated price will be fair and reasonable based on a reasonable increase to the pricing the vendor currently charges and demonstrated fair dealing from Innovative Driven on previous contract modifications involving price.

8. A description of the market research conducted (see FAR part 10) and the results or a statement of the reason market research was not conducted:

Market research was conducted in conjunction with the upcoming re-competition of the services. There are sufficient commercial sources in the market to satisfy the government’s needs except for the need to execute a data migration and transition by 5 February 2025 (given that completing an award, onboarding, and transitioning to a new contractor is not possible by that date).

9.a Any other facts supporting this justification:

N/A

9.b Attachments: Yes No

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

Amyx

CACI

Complete Discovery Source Deloitte Federal Working Group (FWG) Infotrend Kuro Group LSP Data Solutions Martek Global Solutions V3 Gate

File details come from the government source that posted it. Updated .