On September 25, 2007 Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the Executive Office of the President, the Office of Administration and the National Archives and Records Administration in the District Court for the District of Columbia. CREW's action challenges as contrary to law those parties' knowing failure to recover, restore, and preserve millions of electronic communications created and/or received within the White House. The lawsuit stems from the millions of e-mails that were improperly deleted from White House servers and exist on back-up tapes, if at all.; Number of Pages: 3; FOIA Request: CREW versus EXECUTIVE OFFICE OF THE PRESIDENT ET AL (Lawsuit); Holder of Document: CREW; Producing Agency: Executive Office of the President; Date Received: Jul 15, 2009;
Original Title
CREW versus EXECUTIVE OFFICE OF THE PRESIDENT ET AL (Lawsuit): OAP00006634
On September 25, 2007 Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the Executive Office of the President, the Office of Administration and the National Archives and Records Administration in the District Court for the District of Columbia. CREW's action challenges as contrary to law those parties' knowing failure to recover, restore, and preserve millions of electronic communications created and/or received within the White House. The lawsuit stems from the millions of e-mails that were improperly deleted from White House servers and exist on back-up tapes, if at all.; Number of Pages: 3; FOIA Request: CREW versus EXECUTIVE OFFICE OF THE PRESIDENT ET AL (Lawsuit); Holder of Document: CREW; Producing Agency: Executive Office of the President; Date Received: Jul 15, 2009;
On September 25, 2007 Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the Executive Office of the President, the Office of Administration and the National Archives and Records Administration in the District Court for the District of Columbia. CREW's action challenges as contrary to law those parties' knowing failure to recover, restore, and preserve millions of electronic communications created and/or received within the White House. The lawsuit stems from the millions of e-mails that were improperly deleted from White House servers and exist on back-up tapes, if at all.; Number of Pages: 3; FOIA Request: CREW versus EXECUTIVE OFFICE OF THE PRESIDENT ET AL (Lawsuit); Holder of Document: CREW; Producing Agency: Executive Office of the President; Date Received: Jul 15, 2009;
JUSTIFICATION FOR OTHER THAN
FULL AND OPEN COMPETITION
The following justification documents the reasons for renewing MDY Software licenses against
their GSA Schedule Contract, GS-35F-5093H.
1. Requesting Organization
Executive Office of the President, Office of Administration, Office of the Chief Information
Officer (OCIO).
2. Action to be Approved
This action is for the renewal of MDY software licenses in the amount of $58,702.00.
3. Background/Description of Services
‘The MDY software is one of several software products (MDY FileSurf) that are part of the
ECRMS project (Electronic Records Management System). OCIO needs to renew the licenses
for the period of November 1, 2005, through October 31, 2006.
4, Statutory Authority
Section 201 of the Federal Property and Admi
and FAR 8.4.
strative Services Act of 1949 (40 U.S.C. 501)
5. Narrative Description of Cireur Requiring Use of Selected Statutory Authorities
‘The MDY software products (FileSurf) are currently installed in the Executive Office of the
President data center. FileSurf products are copyrighted and exclusive to MDY. The products
are available on’ MDY’s GSA Federal Supply Schedule Contract GS-35F-5093H.
6. Solicitation of Altemative Sources
Pursuant to FAR 8.405 (c), ordering activities shall consider reasonably available information
about the supply or service from at least three schedule contractors. Orders against (GSA)
multiple award schedules are considered full and open competition and ordering activities shall
not seek competition outside of the Federal Supply Schedules or synopsize the requirement.
HOGR70A-030497
GEORGE W. BUSH PRESIDENTIAL RECORD.
OAP000066347. Determination of Fair and Reasonable Price
‘The pricing reflects MDY’s GSA schedule pricing which was determined to be fair and
reasonable.
8. Market Survey
A market survey was not conducted. The software is already installed in the EOP data center.
9. Sources expressing interest in the acquisition
None.
10. Removing Barriers to Competition
Future licenses renewals will be procured through the software owner, MDY or, if available,
through re-sellers.
11._Agency Requirements Certification
Thereby certify that the facts and representations which are included in this justification form a
complete and accurate basis for the justification to the best of my knowledge.
2hloe
Robert T. Blake Date
Information Technology Specialist
12. Contracting Officer Certification
This justification is accurate and complete to the best of my knowledge and belief.
Contracting Officer
REVIEWED AND CONCUR
HOGR70A-030498
GEORGE W. BUSH PRESIDENTIAL RECORD.
OaP00006635.Ble
Hifie
Sate
Chief, Procurement Branch
2/6
Date
Deputy General Counsel
HOGR70A-030499
GEORGE W. BUSH PRESIDENTIAL RECORD.
OAPo0006636