JOFOC_Extention_Services.final012023.redacted_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.303-2

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.”

The Department of Justice (USDOJ), U.S. Trustee Program (USTP), Procurement Branch, located in Washington, DC proposes to enter into a procurement action on the basis of other than full and open competition for Deposition Services.

2. The nature and/or description of the action being approved.

This justification for other than full and open competition (J&A) supports the modification of contract 15JUST21P00000016 - P00007 to allow an additional period of performance of six months (01/25/2023 thru 07/24/2023). This J&A seeks approval of a contract extension in accordance with Federal Acquisition Regulation (FAR) Clause 52.217-8, Option to Extend Services. This clause is included in the contract; however, the pricing for the extension period was not evaluated at the time of award.

Vendor: Deposition Solutions, LLC Doing Business As: Lexitas 13101 NW Fwy., Ste. 210 Houston, TX 77040-6315

3. A description of the supplies or services required to meet the agency’s needs

(including the total estimated value).

The USTP has a requirement for remote deposition court reporting services, including digital court reporting services, stenotype services, videographer services, and virtual court reporting services (defined below), to be provided on a nationwide basis. The ability to provide court reporting services, including digital court reporting services, stenotype services, videographer services, and virtual court reporting services on a nationwide basis is a requirement.

Transcription services include recording, transcribing, proofing, and delivering transcriptions of a wide variety of proceedings including courthouse and/or legal proceedings, depositions, sworn statements, arbitration hearings, personnel grievances and appeals, conferences, and committee meetings. Videographer services include production of an HD video recording of the proceeding that is fair, true, accurate, and complete. A proceeding is defined as an event requiring a verbatim transcript. If the request for service placed by the contracting officer’s representative (COR) covers more than one event and each event requires a separate transcript, then each event is considered to be a separate proceeding. The actual value of this action is (not to exceed value) for additional within scope work.

The Contracting Officer intends to extend the current contract by unilateral modification for the entire six-month period as allowed by the terms of the contract.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41

U.S.C.3304(a)(1), as implemented by (FAR) 6.302-1 entitled - Only one responsible source and no other supplies or services will satisfy agency requirements.

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

USTP is in the process of resoliciting for the Remote Deposition services that Lexitas has been providing to USTP for the past 24 months. Lexitas has provided a high degree of reliability and efficiency, and Lexitas has added an additional layer of security in the Zoom platform that they use for the Remote Deposition services. This platform is unique to this vendor and highly preferred by the U.S. Trustee Program to support its mission. USTP is looking to issue a six-month extension, in accordance with FAR 52.217-8, to allow time for the completion of the current procurement process and any possible transitioning.

6. A description of efforts to ensure that offers were 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.

The Solicitation 15JUST20Q00000018 was posted to Sams.gov by JMD on 10/14/2020. A competitive award was made on 1/26/2021 under purchase order 15JUST21P00000016. Any future similar actions will be procured through the proper procedures and government regulations.

The extension will be exercised in accordance with FAR 52.217-8. This action will not be synopsized based on the exception identified in FAR 5.202(a)(l 1): The proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current proposed action. Based on the information described in paragraph five of this document, it is in the government's best interest to extend the current contract to avoid substantial duplication of cost. The follow-on acquisition will be competed on a full and open basis and will be synopsized in accordance with FAR 5.20l(b)(l)(i).

7. A determination by the contracting officer that the anticipated cost (including the cost of options) to the Government will be fair and reasonable.

In accordance with FAR Clause 52.217-8, continued services will be at the prices specified in the current contract. The current contract was competed on a full and open basis, with pricing through 01/24/2023. At the time of contract award, prices were determined to be fair and reasonable based on competition and market research indicates that the existing pricing is lower than comparable pricing. Therefore, the anticipated cost to the government will be fair and reasonable.

As a result of this, the Contracting Officer has made a determination that the anticipated cost to the government will be fair and reasonable based on competitive price competition via solicitation 15JUST20Q00000018 that was posted to Sams.gov by JMD on 10/14/2020.

In-addition comparison to the government’s IGCE was also used. All cost pricing used for this extension and additional funds were within scope of this award and in accordance with the original contract pricing schedule per the awarded contract

15JUST21P00000016.

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

The government performed market research to identify capable sources in the original solicitation 15JUST20Q00000018. This action covers additional within scope services. The USTP continue tracking vendor interest for this and ongoing similar requirements.

9. Any other facts supporting the use of other than full and open competition, such as:

There are no additional facts to be stated.

10. A listing of any sources that expressed a written interest in the acquisition.

No other sources have expressed interest.

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 are required.

USTP is currently working on the follow-on competitive procurement. This extension will allow the continuity of service until a new contract is awarded.

Market research conducted through three requests for information (RFIs) indicates that many companies are interested in competing for the follow-on acquisition.

Market research was conducted via RFI (most recent RFI) posted to GSA eBuy for industry response on 06/14/2022 to 07/01/2022. The RFI was entitled Deposition and other related Litigation Support Services, USPT received no responses via this GSA eBuy RFI. However, based on our continuing market research we concurrently contacted the following 10 vendors via e-mail who we had used and contacted for similar type services: Veritext Legal Solutions, Ouellette & Mauldin, Legal Electronic Recording Inc., Donovan Reporting PC, J & J Court Transcribers, Inc., Janice Russell Transcripts, Bridges Court Reporting LLC, Area Wide Reporting Service, Fisher Court Reporting and Lexitas. As a result of the following two companies responded to our email - (1) Lexitas (Large Business) and (2) Legal Electronic Recording Inc. (Small Business).

The government has issued a solicitation for the follow-on acquisition and is in the evaluating process. The government does not anticipate any barriers to competition.

Reviews and Approvals

12. CONTRACTING OFFICER CERTIFICATION.

Contracting Officer: (required for all J&As; if procurement exceeds $650,000, additional reviews/approvals are required as identified below)

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

Signature Date