Sole Source Justification - Litigation Suport Redacted v2

these matters and has substantial institutional knowledge concerning these cases. To transfer millions of documents to another vendor’s database would be disruptive and would require a redundant use of resources to reload and reprocess documents that Deloitte has already processed, reviewed, and organized in response to L/BA’s specific requirements. Per Section 7, below, the Department intends to perform a full and open competition for litigation support services in the near future. However, even following the award of a new BPA, Deloitte will need to perform transition services beyond the expiration dates of the existing task orders. Moving the documents and other work that has been performed by Deloitte to another contractor without a significant transition period would be unacceptably disruptive and would jeopardize the government’s ability to advance its position in pending and ongoing cases in a timely and orderly manner. DoS’s inability to obtain litigation support services from Deloitte continuously for the current litigation matters before the CBCA and COFC, and those that arise prior to the award of the new BPA, would create substantial risk of the loss of hundreds of millions of dollars to the Federal Government. A sole source BPA Call to Deloitte Services LP is necessary to meet litigation deadlines in cases on which Deloitte is already working from their previous contract and associated task orders, as well as to meet upcoming deadlines in cases L/BA anticipates will be filed in the next several months, which Deloitte is uniquely positioned to do, given subject matter knowledge and existing infrastructure currently supporting many of those matters.

SECTION 5: DETERMINATION BY THE ORDERING ACTIVITY CONTRACTING

OFFICER THAT THE CONTRACT REPRESENTS THE BEST VALUE CONSISTENT

WITH FAR 8.305

The Contracting Officer has determined the anticipated contract action will represent the best value based on the Contracting Officer’s plan to follow the procedures in RFO 8.401 and GSAR 538.7104-3. Although approval is requested to contract with one source, the Contracting Officer will not issue this BPA Call Order action unless the Contracting Officer evaluates and determines that the resultant price is reasonable.

SECTION 6. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AMONG

SCHEDULE HOLDERS AND THE RESULTS OR A STATEMETN OF REASON

MARKET RESEARCH WAS NOT CONDUCTED

Research was completed to examine to what extent other current multiple-award BPA holders could step in and provide these critical legal support services. Section 4 above outlines the