San Jose City Council
June 28, 2022

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You don't often get email from . Learn why this is important FW: Appeal to the decision regarding PUR-RFQ2022.02.10032: eDiscovery Software City Clerk <
Tue 6/21/2022 8:26 AM
To: Taber, Toni < Agendadesk < Krantz, Ruth <
Logikcull is requesting an appeal before the Council meeting 6/28.

Council Memo:
https://sanjose.legistar.com/View.ashx?M=F&ID=10996699&GUID=791901EA-F783-4EA7-BA8E- F426BDCE296F

From: Sheeba Chenthia <
Sent: Monday, June 20, 2022 11:16 AM
To: City Clerk <
Cc: Stein, Jonathan <
Subject: Appeal to the decision regarding PUR-RFQ2022.02.10032: eDiscovery Soware

Hi,

Logikcull is subming this appeal of the decision made by the Finance Department - Purchasing & Risk Management pursuant to San José Municipal Code Secon 4.12.460.

I'd like a lile more clarity on how this appeal works - do we submit another appeal in wring, or will this be an oral appeal during the CIty Council meeng on June 28th? Please let me know ASAP so we can submit the proper informaon by the June 24 deadline if the appeal is supposed to be in wrien format.

Best,

Sheeba
--

Our summer launch event, Cull Me If You Can, is coming up! Register for the June 21 program here.

Sheeba Chenthitta
Senior Customer Success Manager
San Francisco, CA

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

To: City Council, City of San JoseFrom: LogikcullDate: June 28, 2022Subject: Protest to PUR-RFQ2022.02.10032 ediscoverysolution On Tuesday, June 14th, 2022, the Finance Department - Purchasing & Risk Managementdivision upheld their decision to award the RFQ to Modus Discovery. We protest this decision forthe following reasons:

1. Project Approach/Schedule - As stated in the original RFQ submission, Logikcull is a selfservice solution that doesn’t require a project plan to implement. It’s accessibleinstantaneously from any modern browser. Creating a new project is as simple asclicking a button and dragging and dropping files. The average time from projectcreation to review is roughly 15 minutes depending on the size of the project. DespiteLogikculls clear dominance in speed, the RFQ awarded Logikcull the least amount ofpoints in this category. Making a change to Modus Discovery is going to slow down TheCity Attorney’s Office in their project schedule.

2. Onboarding and Training - The City Attorney’s Office has already set up their Logikcullaccount and has been onboarded for years, so there is no implementation necessary.The City Attorney’s Office will waste valuable employee time and salary by going througha lengthy implementation process with a traditional vendor. Beyond the cost of employeesalaries, Modus Discovery is actually charging The City of San Jose to learn how to workwith them, while the city’s eDiscovery experts are already fluent on Logikcull’s platform,having now built mastery of it over the past five years.

3. Cost Proposal - The Finance team noted that Logikcull is the highest priced vendor,which led to a loss of points. One piece of consideration not validated during the RFQ isthe cost of switching solutions. The City Attorney’s Office just extended their Logikcullsubscription by three months for $22,812, which is an unseen cost of switching models.

4. Data Control - When the City Attorney’s Office outsources their data to a vendor, they’regiving away control of highly sensitive data to a third party. Data security breaches havebeen on the rise over the last couple of years, and many of those have happenedbecause of a vendor not securing data. Using a vendor requires shipping data to arecipient and hoping it gets there without issue. With Logikcull, you can upload the datainstantly from your own highly protected system, and the data is instantly encrypted onour platform. We also let you further restrict access to your data by having permissionbased user roles.

By switching to Modus Discovery, The City of San Jose is:
● Moving to a slower model of matter review● Introducing additional risk to data breach/exposure 1 ● Giving up data control● Spending time & money on re-training employees It is our belief that The City of San Jose would prefer to avoid the above implications. Logikcullis requesting that, before an agreement is executed between The City of San Jose and ModusDiscovery, that we have the opportunity to discuss these matters on a phone call with a cityrepresentative to prove that our capabilities are better than the scores we received in the RFQprocess and that we are in fact the best value partner for The City of San Jose. 2