JA 2020-101.pdf
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- Justification and Approval for Other Than Full and Open Competition Federal contract opportunity
- Solicitation number
- 2020-101
- Issued by
- Securities and Exchange Commission
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J&A No.
Justification and Approval For Other Than Full and Open Competition
Upon the basis of the following justification as required by FAR 6.303-1(a), I hereby approve the issuance of the contractual action discussed below using other than full and open competition, pursuant to the authority cited herein.
1. Agency and Contracting Activity:
U.S. Securities and Exchange Commission 100 F Street, NE Washington, DC 20549
2. Nature and description of action being approved.
Description of the supplies or services required to meet the needs of the SEC and the estimated value:
3. Statutory authority for other than full and open competition.
4. Demonstration that the proposed contractor’s unique qualifications or nature of the acquisition requires use of the authority cited.
SEC Form 2871 (4/20) 1
J&A No. _______________
5. Efforts to ensure that offers are solicited from as many potential sources as possible.
6. Determination by the Contracting Officer that the anticipated cost to the Government will be fair
7. Description of market research conducted and results or statement of the reasons market research was not conducted.
The contracting officer, by signature on this document, hereby determines that the anticipated cost to the government will be fair and reasonable.
J&A No. _______________
8. Other supporting facts.
9. A listing of the sources, if any, that expressed in writing an interest in the acquisition in writing.
10. A statement of the actions, if any, the SEC may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.
SEC Form 2871 (4/20) 3
| Print: |
| Instructions: |
| Instructions #2: |
| #2 Nature: The SEC requires software maintenance and professional services support for the eD2.0 Recommind system, which is based on Open Text Recommind Axcelerate commercial software. The SEC uses the eD2.0 Recommind system as the standard litigation support repository for mission critical investigations, examinations, and litigation. Documents in eD2.0 must be maintained to meet legal, FOIA, and SEC business requirements. The SEC has over 1,200 TB of data stored in eD2.0, and will need a minimum of 24 – 36 months to migrate the data to a different system. The contract expires September 9, 2020 and there is one six-month extension remaining. Support from Open Text Recommind is required until all of the SEC’s data can be migrated or deleted from the eD2.0 system. Accordingly, as discussed below this justification approves an extension to September 2025 to provide time for planning, acquisition and startup of a successor system. |
| #2 Prt2 Supplies Services: The SEC loads investigation, litigation, and examination data into eD2.0 Recommind. The volume of data constantly fluctuates and is steadily increasing. ENF migrates data from the legacy Concordance software into eD2.0 Recommind, in order to retire Concordance as a document repository. ENF archives data from closed cases out of Recommind and produces data from eD2.0 Recommind for SEC litigation and to other law enforcement agencies. Approximately 10 TB of data go in and out of eD2.0 Recommind per month. This constrains how quickly the SEC is able to migrate and archive data from eD2.0 Recommind. Previous experience with eD2.0 Recommind is essential to enable the SEC to migrate and delete a minimum of 10 TB of data per month when the migration project begins This rate will increase over time as more new staff begin using a new document review system and as incoming data is loaded into the new system, rather than into Recommind. The SEC has not selected a new document review system therefore the soonest the data migration project may be able to start is July 2021. Delays in IT network infrastructure projects and in committing to a new document review system may further compromise the start of the data migration project. Migration away from eD2.0 Recommind is not currently expected to be completed until July 2023. The extension will be by option years and not all option years may be exercised if the SEC meets the anticipated July 2023 completion date. Therefore, in order to help mitigate the risk of likely delays, the SEC requires the extension of the Open Text Recommind software maintenance and support contract through September 2025. The estimated contract value for the base year is $1,037,520.00. The total estimated contract value is $5,200,000.00 if all four option periods are exercised. |
| Instructions #3: |
| #3 Nature: FAR Part 6.302-1: There is only one responsible source and no other supplies or services will satisfy the SEC requirement. |
| Instructions #4: |
| #4 Demostration: Axcelerate is a proprietary commercial software product. Open Text is the only company with the technical rights to maintain, enhance, or modify the product. Bringing in another vendor would create unacceptable risk of disrupting SEC mission activities. |
| J&A No: 2020-101 |
| Reset Page: |
| Instructions #5: |
| #5 Efforts: The SEC competitively awarded a cloud-based e-Discovery pilot project at the end of FY2019. In FY2021 the SEC will decide how successful the pilot was, and choose the strategy for the next standard document review system. Feasible alternatives include: (1) moving entirely to a cloud-based e-Discovery system; (2) acquiring a new on-premises e-Discovery system; and (3) developing a hybrid cloud-based / on-premises system to maximize benefits for the least cost. Enforcement conducts on-going market research on litigation support software products. Market research has found no other sources who could maintain Recommind Axcelerate, but has found several products, which potentially could replace Recommind Axcelerate. |
| Instructions #6: |
| #6 Determination: |
| Instructions #7: |
| #7 Description: Market research was conducted by: (i) Contacting knowledgeable individuals in Government and industry regarding market capabilities; and (ii) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line; and (iii) Attending technical conferences and product exhibitions open to the Government and industry. The results of the market research indicated that Open Text is the only source capable of meeting the SEC’s minimum requirements for Recommind Axcelerate software maintenance. |
| Instructions #8: |
| #8 Other: None. |
| Instructions #9: |
| #9 A Listing: No other sources expressed interest during development of the requirements documents. A solicitation/synopsis will be posted in the FBO. All responses to the synopsis will be considered and evaluated for potential award |
| Instructions #10: |
| #10 A statement: The SEC is conducting a pilot project for cloud-based electronic discovery services. If the pilot is successful, the SEC will conduct a subsequent competitive acquisition for electronic discovery software and services based on the knowledge gained through the pilot. |
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