JA_21_20.pdf

Justification for Other Than Full and Open Competition

U.S. Department of Housing and Urban Development

Office of the Chief Procurement Officer

PART 1 - PROGRAM OFFICE RECOMMENDATION

I recommend the use of other than full and open competition for the acquisition of [describe services or supplies]

Negotiations should be conducted with the following source(s) only [provide names, addresses and points of contact; continue on separate sheets as needed]:

The estimated cost of this acquisition is: $

The statutory exception which allows this use of other than full and open competition is [select one]:

Only one responsible source and no other supplies or services will satisfy agency requirements - 41 USC 3304 (a)(1) (see FAR 6.302-1)

Unusual and compelling urgency - 41 USC 3304 (a)(2) (see FAR 6.302-2)

Industrial mobilization; engineering, developmental or research capability; or expert services - 41 USC 3304 (a)(3) (see FAR 6.302-3)

Authorized or required by statute - 41 USC 3304 (a)(5) (see FAR 6.302-5)

Public interest (NOTE: requires Secretarial approval and Congressional Notification) - 41 USC 3304 (a)(7) (see FAR 6.302-7) A description of the circumstances that support the use of the above statutory authority is attached and included as Exhibit 1 to this justification.

Program Office Certification. I certify that the information contained in this justification is accurate and complete to the best my knowledge and belief.

Head of Program Office [name] Title/Name of Office:

Signature: Date: For additional information contact:

PART 2 - CONTRACTING OFFICER REVIEW AND CERTIFICATION

Provide additional justification and comments here. Continue on back as needed.

Contracting Officer Certification.

I certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Name: Signature: Date:

Previous edition unusable Page 1 of 2 form HUD24012 (12/2020)

E-Discovery Management System (EDMS) Operations and Maintenance Support

Leidoes Innovations Corporation, 700 N. Frederick, Gaithersburg, MD 20878-3326; Jennifer Peacock

Christopher S. Webber Principal Deputy Chief Information Officer

4/12/2021 202-708-0306

MARIA MARTINEZ

Digitally signed by CHRISTOPHER WEBBER Date: 2021.04.12 10:06:05 -04'00'

Digitally signed by: MARIA MARTINEZ

DN: CN = MARIA MARTINEZ C = US O = U.S.

Government OU = Department of Housing and Urban Development, Office of the Chief Procurement Officer Date: 2021.04.29 10:17:27 -04'00'

MARIA MARTINEZ

J&A Log Number 21-20

5 5 0

5 0 75

Additional Guidance for Completing the Justification (see HUD Handbook 2210.3, Chapter 4)

PART 2 - Contracting Officer Review and Certification

PART 1 - Program Office Recommendation

The supporting documentation in the Exhibit 1 must describe:

• The nature of the proposed acquisition that requires other than full and open competition;

• The unique qualifications of any proposed sole source; and

• The market research conducted (see FAR Part 10) and the results or the reason(s) why market research was not conducted.

The cost estimate must include all costs of the proposed acquisition, e.g., options, systems life costs, etc. The total will determine the approval level needed (see 3 below).

FAR Subpart 6.3 describes the statutory exceptions, their applicability and limitations on their use.

"Head of the Program Office" means:

• For all Headquarters acquisitions: the cognizant Assistant

Secretary or designee.

• For field acquisitions: the program office director (e.g., Director, Multifamily Housing) within the State or Area Office.

Besides any information provided to support the program office's justification, the Contracting Officer shall provide:

• Documented results of any Federal Business Opportuity notices or explanation of why no notice was published.

• A statement of actions the Department may take to remove barriers to competition for subsequent acquisitions of similar services / supplies; and

• A determination that the anticipated cost / price is fair and reasonable.

(See FAR Subpart 6.3 for further guidance.)

The Contracting Officer signing the certification shall be the same individual who will sign the proposed acquisition action which is the subject of this justification.

PART 3 - Other Approvals The Contracting Officer shall obtain the approval for the dollar value ranges indicated.

If any person required to sign in these blocks disapproves this justification, he/she shall return it to the requesting activity with a written determination.

The requesting activity may obtain the name of the "Contracting Activity Competition Advocate" from the cognizant contracting office.

The "Head of Contracting Activity" is defined at Subpart 2402.1 of the HUD Acquisition Regulation (48 CFR Chapter 24). The cognizant contracting office may also provide the name of this individual.

form HUD24012 (12/2020)

Akinsola A. Ajayi Competition Advocate

AKINSOLA AJAYI Digitally signed by AKINSOLA AJAYI Date: 2021.04.29 09:59:24 -04'00' www.hud.gov espanol.hud.gov

JUSTIFCATION FOR OTHER THAN FULL AND OPEN COMPETITION

For

E-Discovery Management System (EDMS) Operation and Maintenance Support

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for Other Than Full and Open Competition.”

Agency: U.S. Department of Housing and Urban Development (HUD)

Office of Chief Procurement Officer (OCPO)

451 7th Street SW, RM 5184

Washington, DC 20410

Contracting Activity: OCPO, Headquarters

Program Office: Office of the Chief Information Officer (OCIO), HQ

2. Nature and/or Description of Action being approved.

Approval is being sought to enter a bridge contract to Leidos Innovations Corporation to provide uninterrupted and continued information technology services and support for EDMS.

This request includes a 10-month base period from April 30, 2021 through February 28, 2022, with an additional, optional period from March 1, 2022 through August 31, 2022.

Method of Contracting: Contract Type of Contract: Fixed Price Type of Funds: IT funds will be provided

3. Description of Supplies or Services required to meet the agency’s needs (including the estimated value).

The Federal Rules of Civil Procedure (FRCP) were amended in recent years to create and clarify responsibility for preserving and accessing Electronically Stored Information (ESI).

The FRCP defines ESI expansively to include any type of information that is stored electronically including, but not limited to, email messages and attachments, word processing documents, spreadsheets, tables, data, photographs, etc. The obligation to preserve ESI as well as paper records begins when an individual "reasonably anticipates" litigation and concludes that the evidence may be relevant to such future litigation. Once an individual reasonably anticipates litigation, he/she must suspend any document alteration or destruction and put in place a "litigation hold" to ensure the preservation of relevant documents, including electronic information and emails. The failure to comply with the FRCP and properly respond to discovery requests for ESI can result in costly sanctions against the Department that could impact the case outcome.

The Department's ability to comply with the revised FRCP requirements related to ESI requires an effective and lasting mechanism for the preservation, storage and production of ESI. OGC often requires copies of ESI for both current and former employees for pending litigation or judges' court orders within a two to three-week timeframe.

HUD’s current E-Discovery Management System allows the Department to comply with the preservation and production requirements for ESI, paper records, and other evidence imposed by the FRCP. The entire Department and all Program offices utilize the E-Discovery tool to meet discovery obligations. Currently, the Department has more than 3000 employees or contractors subject to a litigation hold and processes ESI searches for over 900 cases annually.

This includes collecting and preserving data from email, instant messages, SharePoint, and C, G, and J drives. The FOIA Office within the Executive Secretariat and the OIG use the E- Discovery Management System to meet their data preservation and business processing needs.

The Department has received 209 FOIA, 13 OIG, 46 Congressional and 524 litigation custodian collection requests in FY21 through January 19, 2021. In addition, OGC preserves data for ODEEO formal complaints involving approximately 400 custodians annually. E- Discovery continued support, with no lapse in service, is imperative to protect the Department’s interest in effective and successful litigation and to avoid the high costs of noncompliance being experienced by other federal agencies without successful E-Discovery tools.

Services: Operations and Maintenance (O&M) support for EDMS Performance Period:

o Ten (10) months from April 30, 2021 through February 28,2022 o Optional six (6) months from March 1, 2022 through August 31, 2022

Estimated Dollar Value of the Contract:

o Ten-month base:

o Optional six month:

o Total:

4. An identification of the statutory authority permitting other than full and open competition.

Statutory Citation: FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, 41 USC 3304(a)(1).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The E-Discovery Management System (EDMS) implements an E-Discovery model that allows the Department to comply with the preservation and production requirements for Electronically Stored Information (ESI), paper records, and other evidence imposed by the Federal Rules of Civil Procedures.

The contractor supporting EDMS must support the existing automated solution for storage, retrieval and search of all ESI for current employees and HUDGONE individuals, to include, but not limited to, primary and archived e-mail, C drive, G drive, J drive, instant messages, and SharePoint data.

The above requirements can only be provided by a contractor with administrative access to HUD’s network and Exchange email environment to complete the data collection requirements. The contractor must also have full knowledge of the active Exchange and Archive email repositories to complete the data collection requirements.

Leidos Innovations Corporation, located at 700 N. Frederick Avenue, Gaithersburg, MD, 20879-3326, is the HUD Network HITS email and application support contractor, as well as the incumbent EDMS support contractor. They are currently the only vendor with the requisite administrative access to Exchange, C drive, G drive, J drive, instant messages, and SharePoint data. They are, therefore, the only vendor currently available to provide these services.

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

Full and open competition for EDMS support was included in the new HEAT EU acquisition that was awarded September 30, 2020. This action will provide continuity of existing services under a contract with the current contractor until the HEAT EU award protest is resolved and then allow enough time to transfer the services from the incumbent to the new contractor. This will ensure no lapse in service and allow the HEAT EU contractor to provide support for EDMS and the E-Discovery Program.

A notice will be publicized as required by Subpart 5.2.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will determine that the anticipated prices are fair and reasonable based on the Independent Government Cost Estimate (IGCE) founded on historical pricing for the same services.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

. Research on potential vendors was not conducted for this action because only one responsible source and no other supplies or sources will satisfy agency requirements to transition from Leidos Innovations Corporation to the HEAT EU contactor.

9. Other facts supporting the justification.

None.

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

No source expressed a written interest in this bridge action.

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

HUD awarded the new HEAT EU contract that includes support for EDMS which was protested. The protest was decided by GAO on February 18, 2021. As a result of a change in requirements due to the length of time that the competitive action has been ongoing the solicitation canceled, and resultant contract terminated for the convenience of the Government.

A competitive acquisition will be pursued that accurately represents the current needs of the Department which will include the eDiscovery scope.

12. Contracting Officer certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

See form HUD-24012, Part 2 – Contracting Officer Review and Certification.