LM LSJ FINAL.pdf

Procurement Request Number: PR #12-0483

LSJ Number: FEC-12-3600-001

LIMITED-SOURCES JUSTIFICATION FOR FEDERAL SUPPLY SCHEDULE PROGRAM

Upon the basis of the following justification, prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(c), I, as Contracting Officer, hereby approve the use of sources limited to fewer than those required in FAR 8.405-1, FAR 8.405-2, and FAR 8.405-3 pursuant to the authority of 41 U.S.C. 251 as implemented by FAR 8.405-6(a)(1)(i)(B). This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 251, et seq, and 40 U.S.C. 501).

1. Identification of the agency and the contracting activity.

Federal Election Commission (FEC) Procurement Division Washington, DC

2. Nature and/or description of the action being approved.

The type of action being issued is a Federal Supply Schedule (FSS) order for supplies and services that require a statement of work. The contemplated contract type is firm fixed price.

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

This requirement is for the upgrading of the existing FEC Law Manager application/configuration to the latest configuration, to include (a) upgrading the latest release of the LawManager Web and Windows product(s); (b) enhancing integration with the LiveLink document management system and

(c) adding new functionality from other business units including the incorporation of at least two legacy systems The period of performance will be five years [August 2012 through August 2017] and consists of one base and four option periods. The estimated value if all options are exercised will be $1,666,644.00.

4. An identification of the LSJ rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service.

• FAR 8.405-6 (a)(1)(i) (B) – Only one source is capable of responding due to the unique or specialized nature of the work.

Law Manager is the exclusive holder of all patents, trademarks and holds sole proprietorship of the LawManager software application. No other vendors on the schedule provide this software, or its support.

FEDERAL ELECTION COMMISSION

WASHINGTON, D.C. 20463

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

The pricing provided by Law Manager is consistent with the FSS GS-35F-4345D price list.

GSA as already determined the rates for services offered at hourly rates, under schedule contract to be fair and reasonable. This order will be placed using the procedures in FAR 8.405. As a result, the FEC Procurement Division has concluded that the order represents the best value.

6. A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted. A statement must be made that the supplies and services are available from the FSS.

Market research was not conducted due to Law Manager holding sole proprietorship of the LawManager software application. No other vendors on the schedule provide these services.

7. Any other facts supporting the limited source justification.

N/A

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

The requirements for a case management system were sought via full and open competition, with Law Manager Inc. winning the initial competition. The award was to configure Law Manger's proprietary software to the FEC requirements. This procurement action is for a major upgrade to Law Manager's proprietary software in use by the FEC. No requirements have changed, and this action is for a normal upgrade to include software performance improvements to the existing system. A new competition at this time would incur additional prohibitive procurement costs to the FEC to include loss of a return on investment of the original procurement. There are no foreseeable changes to the requirements of an agency case management system in the near future.

9. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

Certification

Acquisition Initiator:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer:

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

Reviews and Approvals

Program Senior Official (or designee):

I certify that the facts and representations under my cognizance, which are included in this LSJ and which form a basis for it, are complete and accurate.

Activity Competition Advocate:

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this LSJ does not exceed $12.5M, this review serves as approval.

ALL QUESTIONS REGARDING THIS LSJ ARE TO BE REFERRED TO:

Roshawn K. Majors Director of Procurement Federal Election Commission 202-694-1225