final_JA_HotDocs_17_May_2021_ko signed_Redacted.pdf

3. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency

FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency

FAR 16.505(b)(2)(i)(C) Logical

Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

4. Reasons for Authority Cited:

Rationale/explanation to support cited authority:

a. Background: HotDocs is the only reasonable source who can provide the required software maintenance and support to provide updates, upgrades, patches, trouble shooting, and question-and-answer for the required 1,603 Commercial-Off-The-Shelf (COTS) licenses. Substantial duplication of costs to the Government that is not expected to be recovered through competition would be incurred, and unacceptable delays would be encountered if awarded to anyone other than HotDocs. The previously procured server license, developer licenses, and user licenses are proprietary to HotDocs. No other source can provide software maintenance on the HotDocs licenses as the previously procured server license, developer licenses, and user licenses are proprietary to HotDocs. Pursuant to the market research conducted, sources offering similar software licenses cost between

b. Alternatives: should an award be made to any source other than the proposed source, substantial duplication of costs in the amount of that are not expected to be recovered through competition would be gained. While it may be possible to find a less expensive provider to maintain software, any initial costs savings would be significantly lost due to the multitude of contractor man-hours that would be required to re-tool the portals and websites that JAG personnel use to access the product, re-design the reporting capabilities that interact with the software, re-train users on how to use the new software.

c. Justification: As previously mentioned, FAR 13.106(b)(1), for purchases not exceeding the simplified acquisition threshold (SAT), only one source is reasonably available. HotDocs has the exclusive rights to its software, therefore, only sole source award to HotDocs Corporation will satisfy the agency requirement.

d. Impact: If the HotDocs maintenance and support was not procured the Government would lose functionality and maintenance support for a primary software platform used in the US Army JAG Corps. The legal office would not be able to provide Service Members with Powers of Attorneys that are in compliance with changing State laws. The proposed purchase and maintenance support is only available from HotDocs. In addition, the Government would incur unacceptable delays if not awarded to HotDocs.

5. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at .

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $250K, no posting required Action is a brand name restriction, under $25K, no posting required

Action is a sole source requirement, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

6. Market Research:

a. Market research was conducted in accordance with FAR Part 10. The market research conducted included researching the current market capabilities to meet the requirements. In addition, generally available product literature published by manufacturers available on-line was reviewed. The term, “legal documentation generation” was used for internet searches based on the description provided by JAG on their IGCE and SOW, and found the following additional two potential products:

(i) Thomson Reuters Doc & Form Builder:

Document & Form Builder (DFB) provides access to state specific forms only through an add-on option (increasing cost), but does not mention other areas (SCRA documents,