Case Notebook-Sole Source Justification (s)_Redacted.pdf

CUI//PROCURE

JUSTIFICATION FOR

OTHER THAN FULL & OPEN COMPETITION

PROJECT NAME:

The following Justification for Other than Full & Open Competition (JOFOC) is prepared in accordance with FAR Subpart 6.302 3.

1. ORGANIZATION:

Federal Energy Regulatory Commission /NISS Branch

888 1st Street, NE Washington, DC 20426

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

We would like to procure maintenance for Software that we currently own which is about to expire

3. DESCRIPTION OF REQUIREMENT & VALUE:

DESCRIPTION:

FERC requires software that will work with Windows 10, interconnect with the external court reporting systems, will store files by categories, and has search functionality of transcripts created during hearings. FERC needs availability to add various media such as voice and video as exhibits. The organization owner needs to set permission for access for different user types and allow team members to collaborate on documents as needed.

ANTICIPATED DOLLAR VALUE:

4. STATUTORY AUTHORITY:

SEEK GUIDANCE FROM THE ACQUISITION SERVICES DIVISION IN ORDER TO SELECT THE APPROPRIATE

STATUTORY AUTHORITY.

The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(2) in accordance with: (mark only one authority)

[ ] FAR 6.302 1, only one responsible source and no other supplies and services will satisfy Agency Requirements;

[ ] FAR 6.302 2, Unusual and compelling urgency;

[ ] Other, define below:

5. DEMONSTRATE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS:

Case Notebook is the upgrade to LiveNote that works in Windows 10 and provides a single electronic location to store, categorize, and search transcripts of testimony, along with the exhibits referenced during the testimony, as well as view video of testimony played along with the transcript. It provides administrative tools that allow selected staff to set appropriate user access rights. It allows collaboration across a team with network case access and allows individuals to replicate (check out) local copies of cases to work offline and synchronize changes back to the network version. This meets FERC’s requirements, and no other provider combines all these features and services into single product. In addition, the application is critical to FERC’s Mission.

Switching to multiple vendors to cover FERC’s requirements would cause a gap in service in order to train the staff members after the deployment of the software. FERC risks not being able to follow and document hearing during this gap. By continuing to use Case Notebook FERC can maintain the same requirements by using a single software and greatly reduce any service gaps.

They are the sole creators of this software, and they also provide maintenance for it

6. SOURCES SOUGHT EFFORTS:

Other similar contractors do not have the full FERC system requirements. The Case Notebook FERC currently uses works in Windows 10.

Only Case Notebook connects to the court reporter’s system for a live feed which is an important and specific requirement of the OLAJDR staff. Although this is not currently utilized it is an important backup in the event the current system is out of order. I have attached the following websites where there are comparisons of different software and that feature is not listed on any competitors. Without this feature, FERC staff will not be able to follow the court transcripts as they occur in our hearing rooms.

7. DETERMINATION OF FAIR & REASONABLE PRICING:

How did you reach the conclusion that the pricing was reasonable…market comparison, market survey, comparison shopping, etc.?

Market Research and FERC has current contract pricing for CASE Notebook.

Was the service/product previously acquired? If so, Acquisition personnel will assist you w/historical and competitive data for this section.

Yes

8. DESCRIPTION OF MARKET RESEARCH CONDUCTED & RESULTS:

How did you arrive at the decision to propose this Contractor as the service/product provider? This Vendor is the only person to sell the product

This is a renewal for maintenance. We established that this was a sole source purchase during the initial purchase.

9. ANY OTHER FACTORS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:

Describe any factors that would make it difficult/more costly for another Contractor to provide the service/product.

This is the only vendor who sell the software of provide maintenance or support for it

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION.

N/A

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SERVICES REQUIRED:

N/A

12. CERTIFICATIONS & APPROVALS: (Signatures are required)

Technical & Requirements Certification:

I certify that the supporting data under my cognizance that are included in this document are accurate and complete to the best of my knowledge and belief.

Contract Specialist Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name Date Contract Specialist