Relativity BNJ Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

FOR OFFICIAL USE ONLY

18 Jun 2019 FOR OFFICIAL USE ONLY Page 1 of 6

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Contracting Activity: Air Force District of Washington/PK, 1500 W. Perimeter Rd., Joint Base Andrews, MD 20762

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): Air Force Legal Operations Agency (AFLOA) eDiscovery Software

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 2304a, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): Justification Type: Class Individual

COORDINATION (AFFARS 5306.304(a))

Date

27 Feb 2020

Project Lead / Program Mgr / Requiring Activity Kent I. Scott-Smith

AFLOA/JAC, (240) 612-6687

Signature

Date

28 Feb 2020

Contracting Officer 1st Lt Alexander Dials

AFDW/PKH, (240) 612-6199

Signature

Date

03 Mar 2020

Local Legal Reviewer Erica A. Pape

AFDW/JA, (240) 612-6093

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

16 Mar 2020

Competition Advocate Colonel Damian O. Wilborne

AFDW/PK, (240) 612-6111

Signature

SCOTT-

SMITH.KENT.IAN.1014773220

Digitally signed by SCOTT-

SMITH.KENT.IAN.1014773220

Date: 2020.02.27 10:54:00 -05'00'

DIALS.ALEXANDER.STE

VEN.1455030400

Digitally signed by

DIALS.ALEXANDER.STEVEN.1455030400

Date: 2020.02.28 11:20:00 -05'00'

Digitally signed by

PAPE.ERICA.ALLYSON.1279238520

Date: 2020.03.03 13:35:52 -05'00'

WILBORNE.DAMIAN.O.1

027803659

Digitally signed by

WILBORNE.DAMIAN.O.1027803659

Date: 2020.03.16 14:55:30 -04'00'

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

18 Jun 2019 FOR OFFICIAL USE ONLY Page 2 of 6

I. Contracting Activity.

Air Force District of Washington (AFDW) PKH 1500 West Perimeter Rd, Ste 5750 Joint Base Andrews, MD 20762

II. Nature and/or description of the action being processed.

This action will result in a new Brand Name Firm Fixed Price (FFP) purchase order for 25 Relativity software licenses and maintenance support. This purchase order will be for a Base and 4 Option Years providing litigation teams the ability to simultaneously access, search, review, tag, annotate, redact and produce electronically stored information (ESI) for electronic discovery (eDiscovery) in litigation, investigations, and Freedom of Information Act (FOIA) and Congressional requests.

III. Description of supplies/services required to meet agency needs.

The 25 software licenses are required to fulfill the Air Force Legal Operations Agency's (AFLOA) Litigation Support Center's (LSC) requirement for a secure, web-based commercial off-the-shelf (COTS) discovery management software to serve as a document review platform in support of the AFLOA mission.

AFLOA's Civil Law and Litigation (JAC) and Acquisitions Law (JAQ) directorates defend Air Force legal interests in various types of litigation. To accomplish their mission, an eDiscovery management software is required to allow litigation teams to collaborate in organizing, annotating and producing ESI in order to meet pressing discovery deadlines. AFLOA currently uses Concordance, a non web-based and on-premises software installed on individual computers that is only available to personnel in the National Capital Region (NCR).This does not meet the growing needs of AFLOA's worldwide practice with geographically separated personnel and clients.

The required software must allow for basic processing and database requirements including: Air Force network certification; web-based access from any geographical location; concurrent use by multiple users; ingest encryption keys to decrypt emails; process digitally signed ESI; search across the entire set of documents in a database with support for complex searches; folder or tag documents based on user criteria; review tiff images and native documents; extract metadata from native files into searchable fields; filter and sort records based on metadata values; place redactions and other markings on documents in overlays for optional inclusion in production sets; near duplicate detection and email threading; extract embedded and attached files; Optical Character Recongnition (OCR) non-text based documents; produce subsets of documents in industry standard load files; compatible with other platforms including Relativity software, which is used by the Department of Justice (DOJ), as discussed below.

Relativity, LLC. offers a COTS software solution that AFLOA can utilize at significant cost and time savings when compared to the development and sustainment cost & time that would be incurred if this software were created and maintained organically. Since ESI must be produced as part of the discovery process as mandated by the Federal Rules of Civil Procedure (FRCPs), the software must be compatible with software and applications used by DOJ. Currently, DOJ utilizes Relativity software for its litigation support and eDiscovery needs. Relativity is the only software with the web-based decryption, processing and file-sharing capabilities that meet the Government's requirements at this time.

The purchase order period of performance is 12 months beginning May 1, 2020 through

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

18 Jun 2019 FOR OFFICIAL USE ONLY Page 3 of 6

April 30, 2020 with four option years for continued maintenance.

The anticipated CLINs are as follows:

CLIN Description Part Number Type Period of Performance 0001 Initial 25 Users 25C/1P/2DG FFP 05/01/2020-04/30/2021 0002 Training Onboarding TC_Onboarding FFP 05/01/2020-04/30/2021 1001 OY1/25 Concurrent Users Maint_25C FFP 05/01/2021-04/30/2022 2001 OY2/25 Concurrent Users Maint_25C FFP 05/01/2022-04/30/2023 3001 OY3/25 Concurrent Users Maint_25C FFP 05/01/2023-04/30/2024

4001 OY4/25 Concurrent Users Maint_25C FFP 05/01/2024-04/30/2025

Relativity would establish a web-based software on the Air Force network (AFNET). According to AFI 17-101, Risk Management Framework (RMF) For Air Force Information Technology (IT), Chapter 5, Para 5.1.6.2, software products planned for AFNET use shall be certified by the Software and Application Certification Assessment (SACA) or similar DoD certification process. The Government is considering the significant costs associated with initial procurement and installation of an e-discovery software in the decision to include options.

re-procurement of a new system would result in these initial costs making the inclusion of options in the best interest of the government.

IV. Statutory authority permitting other than full and open competition.

AFFARS 5313.501 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Relativity, LLC. is the sole manufacturer of the subject COTS software. Relativity, LLC. sells the subject software through authorized resellers. The resellers also provide software installation and technical support. Relativity is the only software with the web-based decryption, processing and file-sharing capabilities that meet the Government's requirement at this time.

Under 10 U.S.C. § 516, the conduct of litigation in which the United States is a party is reserved to DOJ. Additionally, AFLOA is required to refer any such litigation, including any evidence secured therefor, to DOJ. See 10 U.S.C. § 3106. Therefore, AFLOA must regularly produce ESI to DOJ, and AFLOA's eDiscovery software must be fully compatible with the software used by DOJ. Relativity is the software used by DOJ for eDiscovery and litigation support.

The Air Force requires the Relativity software in order to avoid significant cost, risks, additional time and to sync with other Government agencies (e.g., DOJ). To perform as required the government needs the ability to host a web-based software. This allows users to utilize the software outside the national capital region. The Air Force is acquiring software to host on internal servers which mitigates the processing risk by remaining in control of the entirety of the process, as well as control

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

18 Jun 2019 FOR OFFICIAL USE ONLY Page 4 of 6 and approve the software which interfaces within the Air Force Network. Hosting the software internally also equates to a extensive cost savings, as the price per gigabyte to host externally is significant and the government currently host 2.5 TBs (2,500 Gigabytes) with expectation to grow.

The software is essential to the Government's requirement, thereby precluding consideration of a software from another company that does not meet all the technical requirements.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

In accordance with (IAW) FAR Part 13.104 competition will be solicited to the maximum extent practicable. The Request for Quote (RFQ) will be posted to the government-wide point of entry (GPE) site beta.SAM.gov. In effort to acquire interest from additional sources, a Request for Information (RFI) was posted under Request ID# 138248 on December 16, 2019 using NASA SEWP. No official responses were received. An RFI was posted on beta.SAM.gov on January 6, 2020. Sources received that were considered potential resellers will be referenced to the RFQ once posted.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The government has reasonable expectation to receive multiple competitive offers resulting in a price fair and reasonable determination IAW FAR Part 13.106-3(a)(1). Alternatively, the contracting officer will use the IGCE and other price analysis methods pursuant to FAR Part 13.106-3(a)(2), and 15.404-1(a) if necessary, in order to ensure that the price is fair and reasonable. Certified cost or pricing data will not be required since this acquisition is for commercial items.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

In accordance with FAR Part 10, market research was conducted by posting an initial Request for Information (RFI) for the proposed acquisition, advising industry of the pending requirement and soliciting capability statements from interested parties through FedBizOpps at FBO.gov on September 6, 2019.

In response to the FBO posting, nine responses were received by Deltek, Inc., Deloitte Financial Advisory Services, Casepoint, LLC. Ipro Technical, LLC., IQ Business Group, Open Text, Inc., Orbis Technologies, Inc., Progressive Technology Federal Systems, Inc., Zasti Federal Services, Inc, and Quadyster. Out of those that expressed interest, all besides Deltek provided a capabilities statement that were evaluated. After careful examination and exchanges with industry, market research confirmed that Relativity was the only known producer of software capable of meeting the web-based decryption, processing and file-sharing needs of the Government's requirement.

As described in Section VI above, after determining that Relativity was the only capable software meeting the Government's requirement, an RFI was posted on NASA SEWP on December 16, 2019 to determine the applicability of a Small Business or further socioeconomic set-aside. The RFI on NASA SEWP yielded no responses. A RFI was then posted on beta.SAM.gov on January 6, 2020. Eight responses were received with four (4) Relativity authorized resellers: Alamo City Engineering Services, Inc., JND, The LSC Group, Inc., and The MCS Group, Inc. Four (4) additional responses were recieved from: Totally Joined For Achieving Collaborative Techniques (TJFACT), Quadyster, Casepoint, LLC., and Synaptein Solutions. Synaptein Solutions is in the process of becoming an authorized Relativity vendor. TJFACT was contacted to verify their vendor status, but no response has been received as of 9 March 2020. Quadyster and Casepoint, LLC. are not Relativity vendors.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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Out of the eight responses, two small businesses responded stating they could deliver the requested software as advertised. Three stated they were capable of providing the requested software but provided a solution on an external cloud including GB per month information thus communicating a current lack of understanding regarding the hosting requirement. The final three companies provided capability statements that were not tailored to the questions within the RFI. An effort will be made to ensure competition from as many sources as practicable IAW section VI of this J&A.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Relativity is the only software with the web-based decryption, processing and file-sharing capabilities that meet the Government's requirement at this time. As mentioned in Section VIII above, small business sources capable of providing Relativity were sought out and expressed interest.

X. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VIII above.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The Government intends to procure Relativity software. The Government will continue surveying Industry for software that meets the web-based decryption, processing and file sharing needs of AFLOA. Should another company's software meet future Government needs, it will be considered.

Ipro Technical, LLC. presented a web-based Ipro software known as Ipro Enterprise which appeared to meet the Government's requirement. In an attempt to verify and promote competition, Ipro demonstrated the software on 24 October 2019. While the software appeared promising, Ipro Enterprise software presented several shortcomings. First, Ipro's offering does not permit Case administration and all data processing to be performed remotely through a web based interface. Second, Ipro representatives could not point to an instance of the Ipro Enterprise software which implements CAC authentication for its users.

Last, representatives could not point to an instance of the Ipro Enterprise software which works with data at rest encryption, presenting a low to medium grade risk. Ipro independently explained their capability gap.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

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