In advance of new task awards, SEC to award Litigation Support Electronic Discovery Support Services short-term contract extension

Updated August 10, 2021

Notice ID 2021-81

Contract Award Number: SECHQ115D0037

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

This justification is to extend Task Orders 0005, 0006, 0007, 0008, and 0009 under IDIQ SECHQ115D0037 with CACI as an exception to fair opportunity. The extension will allow for continued support for three (3) months from August 31, 2021 through November 30, 2021 with a three (3) month option. This extension is required so that the SEC’s Division of Enforcement (ENF) continues to receive these critical, specialized services in the short-term and to ensure a successful transition with minimal risk to the two (2) new Electronic Discovery Support of Litigation (“EDSL”) Task Orders which are anticipated to be awarded by September 01, 2021. Both Offerors have been notified of their pending award.

  1. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Task Orders 0005, 0006, 0007, 0008, and 0009 under IDIQ SECHQ115D0037 provide the SEC Division of Enforcement with Litigation Support Electronic Discovery services, including: (1) Receipt and Logging of Productions; (2) Program and Project Administration for eDiscovery workflows; (3) IT Forensic Lab; (4) Electronic Document Discovery (EDD) Processing and Data Conversion; and (5) Records Management. These services are central to the SEC’s ability to perform mission-critical activities related to enforcing the securities laws and protecting investors. To effectively and efficiently perform, the contractor must have significant knowledge and understanding of the SEC’s internal workflows and procedures related to litigation support databases, receipt and logging of electronic productions, use and administration of the Recommind application, the SEC’s IT forensic lab, electronic document discovery (EDD) processing and data conversion, and records management. This extension is necessary to transition the aforementioned task orders to two (2) new task orders which are anticipated to be awarded by September 01, 2021. Both Offerors have been notified selection has been made and they are the apparent successful Offerors. The total estimated value of this extension is $1,469,743.80 for three (3) months and $1,469,743.80 for an optional three (3) months for a total estimated value of $2,939,487.60.

  1. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature ofthe acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value):

(a) Exception to Fair Opportunity:

Per FAR 16.505(b)(2)(i)(B), this order will be awarded to CACI on a sole-source basis because only CACI is capable of providing the services required at the level of quality required because the services ordered are unique and highly specialized. Currently CACI provides the services under five task orders issued under an existing IDIQ contract that is due to expire on August 31, 2021. All awardees were given a fair opportunity to be considered for the original order pursuant to the authority of FAR 16.505(b)(2)(i)(C).

(b) Supporting Rationale:

It is currently anticipated that the two (2) new EDSL procurement actions to continue this support will be awarded no later than September 01, 2021, and the transition from the existing task orders to the new task orders will be completed by November 30, 2021 which is the end of the new performance period provided for under this justification. An additional three (3) month option will be included to mitigate risk if there should be any unforeseen issues encountered during the transition. The scope of the new task orders encompass all of the existing requirements and consolidates similar requirements for additional SEC offices and divisions…”

“7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that ledto the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

  1. Procurement History: Contract # SECHQ115D0037 was competitively awarded to CACI on July 31, 2015 for a period of performance of one (1) base-year with four (4) one-year option periods and one sixmonth extension period through February 28, 2021 with all options exercised. One (1) offer was received, and award was made in the lifecycle amount of $102,000,000.00. The two (2) new EDSL Task Orders anticipated to be awarded by September 01, 2021 to fulfill this requirement are also being competitively awarded, and the extension of the current CACI Task Orders authorized by this exception to fair opportunity is necessary to support the transition to the new competitively awarded Task Orders.
  2. Subsequent Acquisitions: The SEC is using competitive procedures to award the new EDSL Task Orders, and also intends to use competitive procedures for the future support needed at the completion of this contract and the new Task Orders…”

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Posted August 19, 2020

Solicitation: 2020-97

Contract Award Number: SECHQ115D0037

“This Contract provides SEC Division of Enforcement (ENF) with Litigation Support Electronic Discovery support services, including: (1) Receipt and Logging of Productions, (2) Recommind Application Administration, (3) IT Forensic Lab (Task, (4) Electronic Document Discovery (EDD) Processing and Data Conversion, and (5) Records Management.

This justification is to award a follow-on Contract to CACI as an exception to fair opportunity. The contract will be awarded for the period ending August 31, 2021. This award is required to ensure that ENF continue to receive the required specialized services in the short-term, while a broader Litigation Support Electronic Discovery (LSED) program, that will encompass these services for a greater number of agency offices and divisions, is competed in the coming year.”

“The SEC requires continuing services for ENF’s Litigation Support Electronic Discovery support services, including: Receipt and Logging of Productions, Recommind Application Administration. IT Forensic Lab, Electronic Document Discovery (EDD) Processing and Data Conversion, and Records Management. These services are central to the SEC’s ability to perform mission-critical activities related to enforcing the securities laws and protecting investors, and the contractor providing the services must be capable of performing under significant knowledge and understanding of the SEC’s internal workflows and procedures related to litigation support databases, receipt and logging of electronic  productions, use and administration of the Recommind application, the SEC’s IT forensic lab, electronic document discovery (EDD) processing and data conversion, and records management. The total estimated value of the continuation is $12, 450,158.65.”

“It is currently anticipated that a new procurement action for continued support services will be conducted for award by September 2021, which is the end of the new performance period provided for under this justification. The new procurement is expected to encompass the existing requirement, but also consolidate similar requirements for additional SEC offices and divisions. It would be premature to transition to a new, agency-wide consolidated contract for these services at this time, as divisions and offices outside of ENF, currently receive a set of overlapping services under contracts set to expire in the coming year. Additional time is required to develop the agency-wide requirements and to provide an opportunity for internal business processes and workflows from the various offices and divisions to come into alignment.”

Read more here.

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