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FBO DAILY - FEDBIZOPPS ISSUE OF OCTOBER 02, 2014 FBO #4695
SOLICITATION NOTICE

99 -- Litigation Software (LexisNexis) - J/A

Notice Date
9/30/2014
 
Notice Type
Justification and Approval (J&A)
 
NAICS
511210 — Software Publishers
 
Contracting Office
Department of the Air Force, Direct Reporting Unit - Air Force District of Washington, Acquisition Division, AFDW/PK, 1500 W. Perimeter RD. Suite 5750, Joint Base Andrews, Maryland, 20762, United States
 
ZIP Code
20762
 
Solicitation Number
FA7014-14-P-3018
 
Archive Date
10/30/2014
 
Point of Contact
Donnell P. Nance, Phone: 2406126181
 
E-Mail Address
donnell.p.nance.civ@mail.mil
(donnell.p.nance.civ@mail.mil)
 
Small Business Set-Aside
N/A
 
Award Number
FA7014-14-P-3018
 
Award Date
9/29/2014
 
Description
Sole source J/A for LexisNexis JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION I. CONTRACTING ACTIVITY 1. AFDW Contracting Directorate (AFDW/PK) Air Force District of Washington/PKE 1500 W Perimeter Drive, Suite 2750 Andrews Air Force Base, MD 20762 2. AFLOA/JAC 1500 W Perimeter Drive, Suite 1530 Andrews Air Force Base, MD 20762 3. Other than full and open competition II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED This is a follow on service designated official (SDO) that will be awarded as a firm fixed price acquisition with a period of performance lasting six (6) months for the base year and 12 months each for the four (4) additional option years. The acquisition of this requirement shall be in done in accordance with FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures. III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS The purpose of this contract is to purchase new product licenses and training. In addition to new licenses, annual renewal and software upgrades of technical support will be procured for previously purchased LexisNexis litigation support software under the SDO. The following seven (7) commodities will be purchased/renewed. • Concordance - Concordance is a discovery management and document review platform that assist the Government meet legal requirements to review and produce information. Technical support and software upgrades are required for 40 concurrent user licenses. • Concordance Image - Concordance Image works in conjunction with Concordance and allows the user to see images of the documents that have been converted to Tagged Image File Format. Technical support and software upgrades are required for 20 user licenses. • CaseMap - CaseMap is fact and issue management software required to assist the Government review, organize and analyze relevant facts, documents, and people in complex litigation cases. Technical support and software upgrades are required for 150 user licenses. • LAW Prediscovery Electronic Software (ES) Platinum (2 packages) - LAW is required to process the documents into Concordance. Licenses and maintenance for text recognition software (Optical Character Reader) will be added in Year 2 and subsequent years. • LAW Prediscovery Quality Control (QC)/Edit (2 packages) - LAW is required to process the documents into Concordance. In addition, the contractor shall provide technical support, software upgrades, licenses and training for the following products: • DocManager module for CaseMap - DocManager works in conjunction with CaseMap and gives the user the enhanced searching capabilities. DocManager also includes a plug in for Outlook to link emails directly into CaseMap. 150 licenses, and related technical support, software upgrades, and training are required. • Concordance Native Viewer - Native Viewer works in conjunction with Concordance and allows the user to see images of the documents in its native format. 20 licenses, and related technical support, software upgrades, and training are required. This total contract is estimated to be awarded for $535,949.00 and has a base period of performance of 30 Sep 14 to 30 Mar 15 and four (4) option years. Operations and Maintenance (3400) funding will be used to support this requirement. IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION 10 U.S.C. 2304(c) (1) as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. V. DEMONSTRATION THAT THE CONTRACTOR'S UNIQUE QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED ABOVE (APPLICABILITY OF AUTHORITY) The required software products from LexisNexis are proprietary. The associated technical support, software upgrades and licenses are only available through LexisNexis. Its highly specialized components provide an integrated discovery management and case management solution: LAW Pre-discovery supports creation of Concordance databases--document repositories; documents loaded in Concordance databases can be linked to CaseMap files to support analysis and case management. This requirement is proprietary to LexisNexis. VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE A synopsis IAW FAR 5.201 has been posted to the Federal business opportunities website for this requirement. Research via google and yahoo internet search engines as well as General Services Administration (GSA), Air Force WAY (AFWAY) and Enterprise Software Initiative (ESI) mandated sources have been conducted. Thus far, the search results verify that LexisNexis is the sole proprietor of this product. The synopsis IAW FAR 5.201 will finalize the market research once results are received. See VIII for market research results. VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE The price fair and reasonable determination will be made after vendor proposals have been received. The price fair and reasonable determination will be based on historical and catalog pricing. VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED A notice of intent was issued 22 Aug 14 on Federal Business Opportunities (FedBizOps) under the notice number F1ATC34097A001 to gather more information on vendor eligibility and to notify the public of a sole source possibility. All responses were due by Noon, Eastern Standard Time on 8 Sep 14. No responses were received. In addition to the notice of intent, research via Google and Yahoo internet search engines as well as mandated sources such as General Services Administration (GSA), Air Force WAY (AFWAY), Ability One and Enterprise Software Initiative (ESI) have been conducted. No additional sources have been identified to date. Furthermore, contact with several vendors concludes that software comparable to LexisNexis does exist; however, substitutions for the LexisNexis software are unacceptable due to Department of Justice (DOJ) guidance. According to DOJ, all produced documents should be provided in a concordance file format. The Government determined that LexisNexis is the only source to meet the requirement due to the software's proprietary nature and no other substitutions will satisfy the agency's requirement. IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION None other facts exist. X. LIST OF SOURCES, IF ANY, THAT EXPRESSED 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 agency cannot remove competitive barriers at this time. The primary barrier remains the proprietary nature of these products and the absence of alternate sources for technical support and software upgrades for Concordance, CaseMap and LAW Prediscovery. This contract is being awarded as a six month base year plus 4 yearly options. The Government will continue to access the market to determine further need and the possibility of newly developed competition. XII. CONTRACTING OFFICER'S CERTIFICATION The contracting officer's signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief (FAR 6.303-2(b)(12)). XIII. TECHNICAL/REQUIREMENTS PERSONNEL'S CERTIFICATION As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete (FAR 6.303-2(c)).
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/AFDW/11CONS/FA7014-14-P-3018/listing.html)
 
Place of Performance
Address: 1500 W Perimeter Drive, Suite 1530, Andrews Air Force Base, Maryland, 20762, United States
Zip Code: 20762
 
Record
SN03538232-W 20141002/141001000427-a8bd34b8b15ac8a1c02c86ec98ebc451 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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