CITY COUNCIL ACTION REQUEST
Department(s):
Finance
CEQA:
Not a Project, File No. PP17-
003, Agreements/Contracts
(New or Amended) resulting
in no physical changes to the
environment
Coordination:
CAO and CMO - Budget
Office
Dept. Approval:
/s/
Julia H. Cooper
Council District(s):
Citywide
CMO Approval:
SUBJECT: REPORT ON REQUEST FOR QUOTATION FOR EDISCOVERY SOFTWARE RECOMMENDATION:
Accept the report on the Request for Quotation and adopt a resolution authorizing the City Attorney to:
(a) Negotiate and execute an agreement with Modus eDiscovery, Inc. (Atlanta, GA) to provide eDiscovery Software for the City Attorney’s Office, including related professional services such as implementation, training, licensing, hosting, maintenance, and support, for a maximum compensation not to exceed $83,000 during the initial one-year term beginning on or about July 1, 2022 and ending on or about June 30, 2023, subject to the appropriation of funds;
(b) Negotiate and execute amendments and change orders as required for any unanticipated changes for a contingency amount not to exceed $17,000 during the initial one-year term, subject to the appropriation of funds; and
(c) Exercise up to four one-year options to extend the term of the agreement and the software license with the last option ending on or about June 30, 2027, in alignment with the software renewal term, subject to the appropriation of funds.
Desired Outcome: Authorizing the City Attorney to take this action will enhance the City Attorney’s Office’s ability to manage a high volume of documents efficiently and effectively for litigation and public records act requests.
BASIS FOR RECOMMENDATION:
eDiscovery software provides a document repository to manage high volumes of data and information used in litigation and public records act requests and includes features that support document review, processing, tagging, production, reporting, redaction, case management, and tracking. The City Attorney’s Office has used an eDiscovery solution from Logik Systems, Inc. DBA Logikcull for the past five years, but the current agreement expires on June 27, 2022.
In March 2022, the Finance Department released an evaluative Request for Quotation (RFQ) for eDiscovery software. Five responsive submissions were received prior to the submittal deadline and were evaluated and scored independently by a three-member evaluation panel comprised of representatives from the City Attorney’s Office. Four respondents who scored in the competitive range based on their initial evaluation scores were invited to participate in oral interviews/system demonstrations and a Best and Final Offer to make clarifications and obtain final pricing.
COUNCIL AGENDA: 6/28/22 06/28/2022
FILE: 22-1040
ITEM: 2.16
Evaluation scores for the four finalists are as follows:
Evaluation Criteria
Available
Points Carahsoft
Complete
Discovery
Source
Logik
Systems,
Inc.
Modus
eDiscovery
General Requirements 10 6 8 6 8
Experience and Qualifications 5 4 4 3 4
Project Approach/Schedule 5 4 3 1 4
Technical Capabilities 20 16 16 14 18
Cost Proposal (BAFO) 20 19 20 15 17
Oral Interview/System Demonstration 30 19 15 23 23
Local Business Enterprise 5 0 0 0 0
Small Business Enterprise 5 0 0 0 0
Total 100 68 66 62 74
The City received one protest during the protest period from Logik Systems, Inc. DBA Logikcull, the City’s current vendor of these services. The protest was carefully reviewed by the Chief Purchasing Officer whose response included an explanation regarding the City’s inability to accept and consider additional information submitted by the vendor after the RFQ deadline, and the City’s scoring methodology. The Chief Purchasing Officer consequently determined the City fairly evaluated and scored all responses received prior to the RFQ submittal deadline against the criteria set forth in the RFQ. The protest letter and the Chief Purchasing Officer response, which was emailed to the vendor on June 14, 2022, are attached to this City Council action request as Appendix A. The protestor has 10 calendar days from the date of City’s response to appeal the decision to City Council.
Staff conducted reference checks for Modus eDiscovery, Inc. with the Arkansas Attorney General’s Office, Spencer Fane LLP, and Walsh Group, Inc. All references provided positive feedback.
Based on these results, staff recommends award to Modus eDiscovery, Inc. as the most advantageous and best value proposal per the evaluation criteria set forth in the RFQ.
Approval of this recommendation will provide the City Attorney’s Office a modern eDiscovery solution to continue to manage the high volume of documents required for litigation and public records act requests at an affordable cost.
Climate Smart San José: The recommendation in this memorandum has no effect on Climate Smart San José energy, water, or mobility goals.
Commission Recommendation/Input: There is no commission recommendation or input associated with this action.
This action is consistent with the City’s 2022-2023 Proposed Operating Budget to ensure core services are delivered including services to advocate, defend, and prosecute on behalf of the City’s interests, provide oral and written advice on legal issues, and prepare documents to implement official City actions.
COST AND FUNDING SOURCE:
Fund
#
Appn.
#
Appn. Name
Total Appn.
Amt. for
Recommendation*
2022-2023
Proposed
Operating
Budget Page**
Last Budget
Action (Date,
Ord. No)
001 0442 Non-Personal/Equipment $2,054,055 $83,000 384 N/A *Does not include contingency, which is subject to an executed amendment or change order and the appropriation of funds. ** The 2022-2023 Proposed Operating Budget was released on May 4, 2022 and is scheduled to be reviewed on June 14, 2022 and adopted on June 21, 2022 by the City Council.
FOR QUESTIONS CONTACT: For program-related questions, please contact Kimberly Jackson, Chief of Staff, at [email protected]. For procurement and contract-related questions, please contact Jennifer Cheng, Deputy Director of Finance, at [email protected].
Appendix A
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