GSAR Subpart 538.7104-3 for FOIA Case Management IT System Support - M-26-A21-R-000036

Revision dated 10 May 2026

United States Department of Justice United States Marshals Service

Procurement Division Office of the Director, Office Of General Counsel

FOIA Case Management IT System Support

Federal Supply Schedule (FSS) Sole Source Justification (GSA Acquisition Regulation (GSAR) Subpart 538.7104-3)

This acquisition is conducted under the authority of the Federal Supply Schedule (FSS) Program Ordering Procedures. This class deviation is issued under the authority of EO 14275, OMB Memo M-25- 26 [PDF], 48 CFR 1.4, and RFO FAR 1.304 and GSAM 501.404.

MIQ Request Number M-26-A21-R-000036

Contract Specialist’s Name Mikelle Everett

Contracting Officer’s Representative Jonathan Cherry

Nature or Description of Action

The Office of the Director (OOD), the Office of General Counsel (OGC) has a requirement for a commercially available enterprise Software-as-a-Service (SaaS) Freedom of Information Act (FOIA) case management information technology (IT) application system.

Description of Supply or Service

The OOD/OGC has a need to procure a commercially available enterprise SaaS FOIA case management IT application system to process requests relating to any type of record generated by a federal agency, including emails, contracts, invoices, and investigative records.

It is anticipated that a firm fixed price delivery order will be issued against the applicable Federal Supply Schedule.

The period of performance will be:

CLIN Year POP

0001 Base Year 9/28/2026 – 9/27/2027

1001 Option Year One 9/28/2027 – 9/27/2028

2001 Option Year Two 9/28/2028 – 9/27/2029

3001 Option Year Three 9/28/2029 – 9/27/2030

4001 Option Year Four 9/28/2030 – 9/27/2031

5001 Option to Extend Services Pursuant to

FAR 52.217-8

9/28/2031 – 03/27/2032

Estimated Total Value The estimated total evaluated value, inclusive of all option periods and the potential six-month extension pursuant to FAR 52.217-8, is .

Vendor’s Name

Casepoint LLC 1101 17th Street NW FL 12 Washington, DC 20036-4704

UEI: NNBKLLXPY4L6

Indicate Authority for FFS Sole Source Justification

GSA Acquisition Regulation (GSAR) Subpart 538.7104- 3(b)(1)(ii) Only one source is capable of providing the products, services, or solution required at the level of quality required because the products, services, or solutions are unique or highly specialized.

Requirements of the Procurement that makes it necessary to FFS Sole Source Justification

The Government has determined that Casepoint LLC is the only responsible source capable of fulfilling this requirement without unacceptable delay, duplication of cost, or disruption to mission-critical operations. This determination is based on the Government’s evaluation of Request for Information (RFI) responses, market research, and assessment of key requirement discriminators, including reliability, compliance, functionality, cost, risk, and duplication of effort.

Reliability:

The Government evaluated demonstrated production deployment maturity, operational uptime history, continuity capability, implementation maturity, and federal operational experience. The requirement demands a proven, operational FOIA case management system capable of supporting continuous, mission-critical operations. Casepoint’s FOIAXpress platform is an established solution currently deployed in federal environments with demonstrated performance and system stability. Other vendors proposed solutions requiring significant customization or new development, introducing unacceptable uncertainty in system reliability and operational readiness.

Compliance:

The system must meet federal cybersecurity requirements for handling sensitive law enforcement data. Casepoint operates within an Authority to Operate (ATO)–approved, FedRAMP High environment and supports Department of Justice Impact Levels (IL5/IL6). Several vendors lacked FedRAMP High authorization or only demonstrated “Ready” or “In Process” status, which does not meet USMS requirements and would necessitate additional time and resources to achieve compliance. Solutions lacking an active authorization would require additional assessment, implementation, and approval timelines incompatible with operational continuity requirements.

These security requirements are necessary due to the system’s handling of sensitive law enforcement records, controlled unclassified information, and operationally sensitive FOIA request data.

Functionality:

The requirement includes full lifecycle FOIA case management with direct alignment to USMS-specific workflows, data structures, audit requirements, and Department of Justice reporting obligations. Casepoint is the only vendor that demonstrated full compatibility with the existing FOIAXpress environment. Other vendors proposed general case or document management solutions requiring extensive redesign, customization, or redevelopment to meet FOIA-specific requirements.

Cost:

The Government requires a solution that avoids unnecessary expenditure and leverages existing investments. Casepoint’s solution builds upon the current FOIAXpress platform, minimizing additional cost. Alternative solutions would require full system replacement, custom development, data migration, and security reauthorization, resulting in significantly higher lifecycle costs and substantial duplication of prior Government investment. Lifecycle cost impacts include transition support, custom migration development, cybersecurity authorization activities, retraining, implementation support, operational downtime risk, and duplicate hosting or processing activities.

Risk:

The Government determined that independent third-party migration efforts would require substantial custom extraction, transformation, validation, and reconstruction processes that introduce unacceptable technical, operational, and data integrity risks. The requirement involves the management of sensitive FOIA records subject to statutory timelines under the Freedom of Information Act. Vendors lacking proven migration capability, established FOIA platforms, or required security authorizations present elevated technical and operational risks, including data loss, system instability, implementation delays, and potential noncompliance with statutory requirements.

Casepoint’s proprietary migration capability to its new system, ability to maintain functionality on its current system, and existing operational environment significantly mitigate these risks. Operational impacts may include delayed FOIA responses, increased backlog growth, interruption of statutory processing timelines, and degradation of litigation support and FOIA processing activities.

Duplication of Effort:

The Government has already invested in system configuration, workflow development, data structuring, and user training within the FOIAXpress platform. Transitioning to another vendor would require duplicating these efforts, including redevelopment of workflows, reconfiguration of systems, and retraining of personnel. Additionally, vendors without native FOIAXpress migration capability would require custom data extraction and transformation processes, further increasing cost and schedule burden without added value. Transition to another platform would require redevelopment of operational workflows, recreation of reporting structures, extensive user retraining, validation of migrated records, and re-establishment of operational procedures. Reliance on Casepoint will allow USMS to continue processing FOIA requests, while Casepoint transitions data to its similar Casepoint platform.

Based on the Government’s evaluation of operational continuity requirements, migration capability, cybersecurity compliance, workflow compatibility, implementation maturity, lifecycle cost impacts, and operational risk, Casepoint LLC is the only source capable of meeting the Government’s requirements without unacceptable disruption to mission operations.

Results of Market Research

The Contracting Officer (CO) conducted market research in accordance with RFO Part 10.001 to determine the availability of capable sources and to support the acquisition strategy.

Market research included a review of:

SAM.gov for vendor registrations and representations SBA Dynamic Small Business Search for capable small business sources GSA eLibrary under applicable MAS 541611LIT

(Litigation Support Solutions) and 511210 (Software Licenses) SINs

Acquisition Gateway solutions and category hallways Known commercial FOIA solution providers and industry capabilities

In addition, a Request for Information (RFI) was posted on GSA eBuy on April 1, 2026, under GSA MAS SIN 541611LIT (Litigation Support Solutions) and SIN 511210 (Software Licenses), with a closing date of April 10, 2026. Eleven (11) responses were received and evaluated by the Contracting Officer and Program Office for technical capability.

Based on the evaluation of submitted capability statements, only one (1) vendor, Casepoint LLC, was determined technically capable of meeting the Government’s full requirement. The remaining vendors were found not technically capable due to deficiencies in one or more of the following critical areas: system functionality, proprietary data migration capability, security compliance, cost feasibility, and ability to ensure continuity of operations.

Additionally, the CO issued a notice of intent to make a sole-source award to Casepoint, LLC on May 27, 2026, with a closing date of June 10, 2026. Three (3) interested parties submitted timely capability statements – Federal Cyber Defense Solutions; Repario Data Inc, and Relativity.

The USMS FOIA Unit reviewed two of the capability statements and determined Federal Cyber Defense Solutions was better suited for tasks such as preparing security assessments, identifying gaps, planning and preparing for fixes, and continuously monitoring program development. OGC believes that these are the many duties USMS contractors within USMS’s Information Technology Division (ITD) department perform.

Moreover, the USMS FOIA Unit determined Repario Data Inc.

was not capable due to their lack of interoperability with FOIA.gov and not being FedRAMP authorized yet.

The USMS FOIA Unit has attended numerous vendor demonstrations for potential FOIA data systems as part of its market research for an advanced FOIA IT SaaS system. On

June 24, 2026, the USMS FOIA Unit participated in a demonstration of the new Relativity FOIA system, which included Gray Walllington, the USMS Relativity account manager, Justin Simpson, the product manager, and Mike Isenger, the systems engineer.

Although the Relativity team stated the FOIA data system could be added to the current USMS Relativity instance, they did note they are still in the infancy stages of development. The team also noted that the FOIA data system did not exist 8 months ago, as they began creating the interface in January 2026 and launched the early access developmental program just a few weeks earlier on June 1, 2026.

Important FOIA system components such as the DOJ-required annual report have not been created yet; the only function that is currently available is the ability to create quarterly reporting, with hopes of completing the annual report requirement in FY 2026 Q3. They were not confident in how long it would take to migrate the USMS data to a new interface; they initially stated 6 months, then 90 days, and then they stated they could create an instance in a week. Although the Relativity FOIA system is connected to LogIn.Gov, it is not yet interoperable with the FOIA.Gov system, which is an OMB-mandated requirement (FOIA Improvement Act of 2016 and guided by OMB Memorandum M-19-10). Customization of the dashboard is not available at this time, but in the future, they will be working on the feature for perhaps FY 2026 Q3.

Relativity is working on being able to review audio and video records and will perhaps offer this capability in FY 2026 Q4.

When asked about tabulation of documents, pages, and video reviews, they stated they are working on the system and noted the current version is more of a prototype. This system is in development, with weekly meetings with various agencies to assess needs and testing by DOJ agencies like OIP and Antitrust, which lacked a prior FOIA system. It is important to note that the USMS requires a mature system to move forward with our current workload, and although the Relativity FOIA system may not be ready for our unit at this time, we would like to revisit a demonstration with the team once they have completed the required additions to the system. As a final note, the Relativity Team was very receptive to suggestions and recommendations for their new FOIA data system.

Unfortunately, the USMS FOIA Unit is not in a position to become an "early tester" of the Relativity FOIA solution. Given USMS's large FOIA request case load and current staffing challenges, USMS is not in a position to risk decreased productivity and compliance as a result of using an unfinished and untested solution.

While other vendors may provide general FOIA case management functionality, they would require a complete system replacement and independent data migration approach, introducing significant technical risk, extended transition timelines, and increased costs.

Actions to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services

Casepoint, LLC is the only responsible source capable of meeting the Government’s requirement based on the following key capability gaps.

Market research identified multiple vendors offering FOIA case management or SaaS-based records solutions; however, no other vendor demonstrated the ability to meet the Government’s requirement in its entirety. Specifically, no other source can provide:

Proprietary FOIAXpress data migration capability required to preserve existing USMS FOIA records, including metadata, audit trails, and workflow statements

Continuity within the existing system architecture without requiring full platform replacement or development

An existing ATO within a FedRAMP High environment capable of supporting sensitive law enforcement data

Support for Department of Justice Impact Level (IL5/IL6) workloads

Direct compatibility with USMS FOIA workflows, data structures, and DOJ reporting requirements

While alternative vendors offer partial or adjacent capabilities, none can meet the full requirement without requiring a complete system replacement and independent data migration approach. Such an approach would introduce unacceptable technical risk, extended transition timelines, and increased costs. Casepoint will allow USMS to continue to process records within FOIA Xpress while undergoing the transition to its Casepoint FOIA processing platform

The Government will continue to monitor commercial FOIA case management capabilities and migration technologies during future acquisition planning activities to assess whether competitive acquisition strategies become feasible. The Government has also included RFO 52.237-3, Continuity of Services, as well as other language in the award for purposes of promoting competition in the event a future award is made to another vendor.

CO’s Best Value Determination

Pursuant to 538.7102-2(d)(2), the pricing for this requirement has been determined to be fair and reasonable at either the order level or the BPA level under the Federal Supply Schedule. The Contracting Officer will seek additional price discounts or other concessions under the Offeror’s GSA schedule pricing IAW GSAR 538.7102-2(c)(2). Price reasonableness will additionally consider market research, historical pricing, commercial pricing practices, and comparison against existing schedule pricing.

Any other facts supporting the FFS Sole Source Justification

If this justification is not approved, OOD/OGC may experience disruption to FOIA processing operations, increased statutory backlog risk, delayed response timelines, increased litigation and FOIA processing support risk, operational downtime during transition activities, and potential degradation of records management continuity.

Transitioning to another vendor poses significant risks, including potential data loss, compromised audit trails, and a loss of continuity within the FOIAXpress environment, which could undermine legal sufficiency and FOIA compliance.

Additionally, it would necessitate new security authorization activities, further delaying implementation.

Moreover, denial of this justification would lead to substantial duplication of costs and efforts, including system redevelopment, lengthy or uncertain data migration, and retraining, without enhancing mission capability.

Approval of this FSS sole-source justification is essential to ensure continuity of operations, maintain compliance, and avoid unacceptable mission risks.

Planned efforts to remove or overcome any future barriers.

The Government will take the following actions to reduce vendor dependency and enable future competition:

Data Portability: Require Government ownership of all Government data and delivery in non-proprietary, exportable formats.

Open Standards: Enforce use of open architecture and APIs to support interoperability and future system transition.

Ongoing Market Research: Continuously assessing industry capabilities and emerging FOIA solutions.

Security Readiness: Monitor vendors progressing toward FedRAMP High to expand future competition.

These actions will position the Government to compete with future requirements to the maximum extent practicable.

Moreover, based on USMS diligence, many of the solutions being proposed by vendors are relatively new. By way of example, the solution proposed by Relativity has only been in use by DOJ's Antitrust division as a "pilot program" since June 1, 2026. In this regard, USMS requires a solution that will allow it to maintain continuity of processing of FOIA requests in accordance with its statutory obligations.

USMS will continue to monitor, including prior to the execution of option years under this award, the market and the progress of various vendors in the area of the development and deployment of FOIA processing solutions. The Government has also included RFO 52.237-3, Continuity of Services, as well as other language that will facilitate potential vendor transition in the future, in the award for purposes of promoting competition in the event a future award is made to another vendor.

Revision dated 10 May 2026

Bureau Competition Advocate’s Approval:

Pursuant to GSAR Subpart 538.7104-3, I approve this FSS sole source justification. Additionally, in accordance with GSAR Subpart 538.7104-3, I hereby determine that the exceptional circumstances described above apply to this requirement

Sara McFadden Bureau Competition Advocate