City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.
Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: LOGIK SYSTEMS INC. Contact Name: Kevin O'Malley Address: 548 MARKET ST., PMB 40135
City: SAN FRANCISCO State: CA Zip Code: 94104
Phone Number (630 ) 634-7989 E-Mail [email protected] Duration of Contract: 3 YEARS
Estimated Cost: $ 144,000 Funding Source (Account String) 01141013-400209 Is the product/service IT related? Yes X No If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes X No _ For Product: Does the manufacturer sell the items) through distributors? Yes_ No.
Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) The City seeks a subscription to Logicull, a cloud-based public-records review and electronic-discovery platform.
The software will be used to collect, process, organize, search, review, redact and produce electronically stored information for California Public Records Act requests, litigation, investigations, subpoenas and other legal or regulatory matters. The subscription includes secure data hosting, document indexing and filtering, duplicate identification, review and redaction tools, audit trails, controlled document production, user access controls, software updates and technical support. The platform will allow authorized City staff to manage sensitive records and complete legally required reviews and productions in a consistent, secure and defensible manner.
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
The City has determined that the proprietary Logicull platform meets its operational requirements for collecting, processing, searching. reviewing, redacting and producing electronically stored information for public-records requests, litigation, investigations and subpoenas.
Other companies offer similar software; however, they cannot provide access to the Logikcull platform, its integrated workflows, hosted environment and proprietary functionality. Logicull offers its platform directly to public agencies and also through Carahsoft Technology Corporation under a cooperative purchasing agreement. Purchasing through Carahsoft would provide the same underlying Logikcull software through an intermediary and is expected to add approximately 5% to 10% to the direct subscription price without providing additional required functionality or services. A direct agreement would establish responsibility for implementation, licensing, hosting. security, technical support and account administration directly with the software provider. Contracting directly with Logikcull is therefore in the City's best interest because it provides the required proprietary platform through the company responsible for developing and supporting the service, avoids unnecessary intermediary costs and establishes direct accountability for system performance, data security and customer support. The City will confirm the final direct pricing and document its reasonableness before contract award. (if additional space is needed, include them in a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.
Contracting through an intermediary would divide responsibility for implementation, licensing, technical support, data security, service interruptions and account administration between the reseller and Logicull. This could delay resolution of implementation or operational issues because the City may be required to coordinate through a third party that does not develop, host or control the proprietary platform. Direct contracting provides the City with a single point of accountability with the company responsible for the software, hosted environment, security controls and technical support. The platform will be used to manage sensitive and potentially privileged records associated with public-records requests, litigation, investigations and subpoenas. Delays, unclear responsibility or communication gaps involving system access, security incidents, data exports or technical support could affect statutory deadlines and the City's ability to preserve, review and produce records accurately. Contracting directly with Logikcull reduces these risks by establishing direct contractual obligations for implementation, system performance, data protection, support and transition of City records.
Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence. (if additional space is needed, include them in a separate page) 2 | Page
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
Department: City Clerk's Office
Requester Name and Title: Jasuara Castaneda, Deputy City Clerk Note: Requester must be able to defend this justification.
Phone: (510) 620-6674
Deparment Director (Pring) en wore (SinCe unly Date: 07232026 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
APPROVED: DATE: _/_
NOT APPROVED: COMMENTS:
City Manager City Clerk Attesting to Council Approval
(Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.
Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements. 3 | Page