eFOIA LSJ redacted.pdf

Justification Log No. 2020-62

LIMITED SOURCES JUSTIFICATION

Electronic Freedom of Information (eFOIA)Xpress, Public Access Link (PAL)

Business Functional and Technical Support Services

Date: May 7, 2020

Solicitation Number:

This is a Limited Source Justification pursuant to FAR 8.405-6

This acquisition is conducted under the authority of the Multiple Award Schedule Program. This Limited Source Justification is for orders exceeding the simplified acquisition threshold of $ 250,000.00). And limiting contractors to fewer than three or limiting the acquisition in excess of the simplified acquisition threshold to a brand name product or feature of a product peculiar to one manufacturer.

1. The Agency and Contracting Activity:

U.S. Securities and Exchange Commission (SEC) Office of Acquisitions 100 F Street, NE Washington, DC 20549

2. Nature and Description of Action Being Approved:

The U.S. Securities & Exchange Commission (SEC or Commission) intends to award a Federal Supply schedule order requirement to AINS, Inc. to provide business functional and technical support services for the SEC’s Electronic Freedom of Information Act (eFOIA) Xpress and Public Access Link (PAL) software. This is a new contract action.

3. Description of the Supplies or Services Required to Meet the Needs of the SEC and Their Associated Estimated Value:

The SEC requires onsite system engineering support to implement software patches and upgrades into the production system. The SEC will continue to migrate upgrades to the FOIAXpress software through the software lifecycle and maintain them in compliance with standard Office of Information Technology (OIT) Governance processes and procedures for network, configuration requirements and in compliance with amendments to the FOIA statute.

The total estimated value for a contract for a base and one option year is $ $301,830.87. Fiscal year 2020 funds will be utilized.

4. The authority and supporting rationale (see 8.405-6(a)(1)(i)(B) and, if applicable a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

The authority permitting an exception to fair opportunity based on brand name is 41 U.S. Code 3304 – Use of noncompetitive procedures and FAR 8.405-6(a)(1)(i)(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 business functional and technical support for eFOIA and PAL are highly specialized services that can only be performed by a Product Certified Subject Matter Expert.

AINS is the developer and sole provider of products and services for our FOIAXpress application that provides a COTS Web-based FOIA and PAL Action and Case Tracking System that incorporates a set of technologies and functionality that are cohesive, user friendly, scalable, integrated, and functionally complete right out-of-the- box.

AINS is the only company authorized to sell and provide technical support services associated with the Xpress family of products and provide upgrades and enhancements.

The Securities and Exchange Commission (SEC) Office of Support Services (OSO) and the SEC Office of Freedom of Information Act (FOIA) Services (OFS) installed FOIAXpress in Fiscal Year (FY) 2005 and installed the Public Access Link (PAL) in FY 2017. The SEC requires onsite system engineering support to implement software patches and upgrades into the production system. The SEC will continue to migrate upgrades to the FOIAXpress software through the software lifecycle and maintain them in compliance with standard Office of Information (OIT) network configuration requirements and in compliance with amendments to the FOIA statute.

All SEC divisions, offices, and regional offices have between 1-18 staff designated as FOIA liaisons that search for the records needed to respond to FOIA requests and return their findings to the SEC FOIA office within a specified period of time.

5. Demonstration that the Proposed Contractor's Unique Qualifications or Nature of the Acquisition Requires Use of the Authority Cited:

AINS is the developer and sole provider of product and services for the SEC’s FOIAXpress applic ation that provides a COTS Web-based FOIA and PA Action and Case Tracking System that incorporates a set of technologies and functionality that are cohesive, user friendly, scalable, integrated, and functionally complete right out-of-the-box.

AINS is the only company authorized to sell and provide technical support services associated with the Xpress family of products and provide upgrades and enhancements.

The Securities and Exchange Commission (SEC) Office of Support Services (OSO) and the SEC Office of Freedom of Information Act (FOIA) Services (OFS) installed FOIAXpress in Fiscal Year (FY) 2005 and installed the Public Access Link (PAL) in FY2017. The SEC requires onsite system engineering support to implement software patches and upgrades into the production system. The SEC will continue to migrate upgrades to the FOIAXpress software through the software lifecycle and maintain them in compliance with standard Office of Information Technology (OIT) network configuration requirements and in compliance with amendments to the FOIA statute.

All SEC divisions, offices, and regional offices have between 1-18 staff designated as FOIA liaisons that search for the records needed to respond to FOIA requests and return their findings to the SEC FOIA office within a specified period of time.

5. Best Value Determination (per FAR 8.404(d).

This purchase will be made using GSA Schedule 70. The Contracting Officer will determine this action represents the best value to the Government in accordance with FAR 8.404(d).

6. Market Research.

Traditional market research was conducted. AINS Inc. is the Original Equipment Manufacturer. AINS is the only source capable of providing business functional and support services for the FOIAXpress and PAL software.

7. Other Supporting Facts.

Not applicable

8. Actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for the services is made.

The Government has developed a list of contractors that will be beneficial in identifying current and future market capability for providing the services required to support FOIAXpress and PAL software.

Technical & Requirements Certifications I certify that the facts and representations which form the basis for this justification are complete and accurate.

(Signature) ____________________________________

Leonard M Kenon, Program Manager

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

(Signature) ____________________________________

Takela Morris, Contracting Officer

Kenon, Leonard Digitally signed by Kenon, Leonard Date: 2020.05.07 14:31:44 -04'00'

Morris, Takela Digitally signed by Morris, Takela Date: 2020.05.07 16:54:07 -04'00'