TSF 1009 - Sole Source Justification for Acquisitions under SAT - signed.pdf

DEPARTMENT OF THE TREASURY

SF 1009 - FAR 13.106-1(b) SOLE SOURCE JUSTIFICATION FOR

ACQUISITIONS AT OR BELOW THE SIMPLIFIED ACQUISITION THRESHOLD

Treasury Standard Form – 1009 (Rev 10/18) Prescribed by Treasury: DTAP 1013.106(b)

1. Identification of the requesting activity and contracting activity.

Requiring Activity: Office of the Comptroller of the Currency, Chief Counsel’s Office (CCO) Contracting Activity: Office of the Comptroller of the Currency, Acquisition Management

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

The purpose of this sole source justification is to award contract with Capitol Reporting for remote deposition services. The OCC requires remote deposition services for litigation where depositions are scheduled to begin in December 2020.

2.b Name and business size of the vendor. Capitol Reporting – Large Business.

2.c Requisition No. OCCR000426100

3. IGCE/Estimated dollar value.

$200,392.

4.a Identification of the circumstances that preclude competition (Check the appropriate box that applies).

Urgency Exclusive licensing agreements Brand-name Industrial mobilization.

Other 4.b Supporting information and facts (i.e. the details surrounding the requirement that supports the selection made in 4.a).

The Respondents in this litigation have notified the OCC that they will be using Capitol Reporting/Veritext and its associated remote deposition platform and document sharing services. It is critical for the OCC to use the same court reporting services and platform in order to support and defend depositions in a timely, efficient and effective manner. By using the same contractor, OCC will have fully independent access to the platform for testing and preparation (including preparation of OCC witnesses) and will not have to prepare witnesses and attorneys working on the case on two separate platforms. Use of a different platform and document sharing service or no document sharing service will disadvantage the OCC and could result in a poor outcome for the agency in an important administrative enforcement action. Delay in award of a contract will result in serious injury to the OCC’s ability to prosecute its enforcement action and ensure proper preparation and litigation of its case.

Depositions to be taken by the OCC will start December 2020.

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on commercial list pricing.

5. Any other important information.

In FY20 the OCC solicitated for court reporting services, however, an award was unable to be made from the solicitation. The Contracting Activity issued a competitive solicitation on September 17, 2020 for court reporting services, however, the solicitation did not include

Treasury Standard Form – 1009 (Rev 10/18)

Prescribed by Treasury: DTAP 1013.106(b) remote deposition services and document sharing. In addition, the contract has not yet been awarded, therefore it cannot be used for this litigation. The OCC currently has a court reporting blanket purchase agreement (BPA), but remote deposition services and document sharing are not part of the scope of the BPA, and as noted above, it is imperative the OCC uses the same court reporter as the Respondents.

6. Certifications and Approvals.

6.a Program Office certification (Requiring Activity). I hereby certify that the supporting information and data provided and which form the basis for this justification are accurate and complete to the best of my knowledge and belief.

Name: Elizabeth Ahneman Date:

Signature:

6.b Contracting Officer approval. In accordance with FAR 13.106-1(b)(1), as a warranted contracting officer, I hereby determine that the circumstances of the acquisition make only one brand-name or source reasonably available for the reasons provided above; therefore precluding competition and supporting the Government’s determination to solicit as a brand-name requirement or solicit and award to the vendor stated in section 2.b.

Name: Karen Oettinger Date:

Signature:

https://www.acquisition.gov/?q=/browse/far/13