JOFOC_SIGNED.pdf

Federal Communications · Commission

· Justification for Other than Full and Open Competition

"Source Selection Information- see FAR 2.101and3.104"

1. Identification of the agency and contracting activity:

a. Federal agency and contracting activity: FCC/EAC.

Thomas Uberto 445 Twelfth St. SW., Washington, DC 20554 Thomas.Uberto@fcc.gov

(202) 418-2620

b. FCC Requiring Activity: OMO/ITC

c. Program Office information:

Erik Scheibert 445 Twelfth St. SW., Washington, DC 20554 Erik.Scheibert@fcc.gov

(202) 418-1248

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

a. Acquisition purpose and objectives:

The purpose for this acquisition it to satisfy FCC's multiple discovery requirements ideally using a single enterprise approach.

FCC desires to implement a discovery solution that is 100% compatible with the solution used by Department of Justice (DOJ) for their mergers and acquisitions review as documents are collected by DOJ first and then submitted to FCC. DOJ is using Relativity by kCura. In addition , to support OMB's "Cloud First" and "Data Center Reduction" initiatives the FCC desires the solution be delivered using a Software as a Service (Saas) model.

The approval is to restrict competition to vendors that can provide Relativity by kCura in a Saas delivery mode, provides data loading, production, customer support, and offers training on the implementation.

b. Project background:

FCC has used several discovery solutions and currently have two active contracts for Relativity. In order to optimize cost and performance FCC will combine the discovery efforts to a single consumption based contract.

The current active contracts are:

1) CACI (FCC14G0090)

2) Deloitte (FCC15G0036, POP 4/21/15 - 4/20/16)

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CACI award was competed using a Brand Name Justification approach, Deloitte was sole source.

3. Description of the supplies or services required to meet the agency's needs (including the estimated value).

a. Project title.

Relativity 2

b. Project description.

FCC has an ongoing and critical need for an on-demand e-discovery solution for the various projects in OGC, OIG, EB, and WTB.

As the Department of Justice (DOJ) does the initial discovery it is critical that the FCC's discovery implementation is 100% compatible with the DOJ solution. DOJ has chosen to use Relativity from KCura so FCC needs to use this software also.

As part of the market research FCC identified four vendors that offer Relativity as a service of which two have experience with Federal clients and have received ATO from other agencies.

• Requirement type.

[J Research & development (R&D) [J R & D support services [J Support services (non-R&D) [J Supplies/equipment IEJ Information technology (IT) [J Construction [J Architect-engineer (A & E) services [J Design-build [J Other (specify):---------

• Type of action.

[J New requirement IEJ Follow-on [J Other (specify): _________ _

• Proposed contract/order type.

[J Firm-fixed-price CJ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): ____ _ CJ Cost-plus-fixed-fee CJ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee ): ____ _ CJ Time and materials

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CJ Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ____ _

IXI Other (specify): BPA under Commercial Item Test Program

• Acquisition identification number.

OIG150001

c. Total estimated dollar value and performance/delivery period.

$6,000,000, three (3) years.

4. Identification of the statutory authority permitting other than full and_ open competition.

[J This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 3304(a)L) (formerly subsection 253(c)) as set forth in Federal Acquisition Regulation (FAR) 6.302- _.

IXI This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996 (41 U.S.C. 1901).

[J This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 1903).

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited

a. Name and address of the proposed contractor(s).

TBD

b. Nature of the acquisition and proposed unique qualifications of the contractor( s ).

The FCC is required to use a solution that is 100% compatible with the discovery solution used by DOJ for various corporate mergers and acquisitions that FCC is required to review. As DOJ is currently using kCura Relativity the FCC will need this solution implemented also. Therefore, this brand-name is essential to the Government's requirements and other companies' similar products lacking compatibility with the software selected by DOJ , do not meet, or cannot be modified to meet, the agency's needs.

FCC already has two active contracts for Relativity by kCura delivered using Saas model. The software is available from numerous resellers and FCC will compete the brand name requirement among possible resellers.

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6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A FedBizOpps notice containing this justification will be posted with the s~licitation.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Adequate price competition is expected which will result in a fair and reasonable price.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research included researching competitive solutions online, through research organizations such as Forrester and Gartner, using internal SMEs, and through vendor's resellers. In addition , FCC has been kCura Relativity delivered as Saas model from two separate vendors.

9. Any other facts supporting the use of other than full and open competition.

FCC has experience with several competitors to Relativity by kCura and significant compatibility issues for data loads has occurred. In addition, the kCura solution is already in place, staff is trained on the usage, significant expertise has been developed and data loads and production issues have been resolved. Changing to a different software vendor would incur significant cost and schedule issues.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

CACI and Deloitte.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

None.

12. Program Office Certification.

This is to certify that supporting data (such as minimum needs statements, schedule requirements, or facts in support of the justification) contained or relied upon in this JOFOC that were developed by, or that are the responsibility of, the program office or technical personnel signing below, are complete and accurate.

Official Name & Title

Project Officer Erik Scheibert orCOR

Chief Enterprise Architect

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Signature Date

7/24/15

Project John Skudlarek Officer's/COR's 7f/Jv/tr Immediate DCIO for Management

Supervisor

Head of the r David Bray

*/JrJr Sponsoring Program Office CIO

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13. Contracting Officer Certification.

This is to certify that the justification for the proposed acquisition is accurate and complete to the best of my knowledge and belief and that it has been reviewed and certified by the appropriate program or technical personnel as to supporting data for which they are responsible.

Official Name & Title Signature Date

FCC Thomas Uberto Contracting 07/24/2015

Officer

14. Head of the Contracting Activity Concurrence/Approval.

Official Name & Title Signature Date

FCC Head of Thomas Uberto the

Contracting HCA (acting) 07/24/2015

Activity

15. Competition Advocate Concurrence/Approval. N/A

Approving Name & Title Signature Date Official up to

$12.SM

FCC Dana Shaffer Competition

Advocate Competition Advocate

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16. FCC Senior Procurement Executive Concurrence/Approval.

Second Approving

Official

Name & Title

FCC Senior Keith K. Nakasone Procurement

Executive SPE

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Signature Date