15BNAS20PV9M10210_LSJ_R3M_Final.pdf

NATIONAL ACQUISITIONS SECTION

SOLE SOURCE JUSTIFICATION

Pursuant to the Federal Acquisitions Regulation (FAR) Subparts 13.106-1(b)(2)and 13.501(a) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(c), the U.S Department of Justice, Federal Bureau of Prisons has determined there is only one source reasonably available. The following is supporting documentation in accordance with FAR Subpart 13.501(a)(2)(ii).

1. Contracting Agency – U.S. Department of Justice (DOJ), Federal Bureau of Prisons (Bureau), Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

2. Nature and/or Description of Action being Approved - This action is for a sole source, firm fixed price acquisition for the technical support of Residential Reentry Management (R3M), data exchange services based on ongoing maintenance, technical enhancements and modifications to a production system.

3. A description of the supplies or services required to meet the agency's needs including estimated value - The purpose for this service is to provide ongoing maintenance, technical enhancements and modifications for the Residential Reentry Referral Management (R3M) applications developed and implemented through collaboration with the Chief Systems Engineer for Nixtex Solutions. The intent is to secure access to the existing code and to provide continuity of services for this platform during the solicitation process for an extended competitive contract for maintenance, to further enhancements and modifications, as well as expanded utilization for related community based reentry contracts and other agency access. The continuity of services for this platform is vital to the mission of the Bureau of Prisons.

R3M works in conjunction with the Insight application which is the only vehicle Residential Reentry Center/Home Confinement referrals are processed. R3M also operates in conjunction with our medical service provider in approving and scheduling medical appointments for our inmates in the community. A contract is not only needed immediately to ensure referrals and medical appointments are scheduled timely, but to ensure the application is functioning properly. The R3M application plays a critical role in the mission of the Bureau and without a contract in place there could be unforeseen risk to the agency. The engineer for Nixtek Solutions worked side-by-side with Office of Information Technology (OIT) and Residential Reentry Management Branch staff to architect solutions that would increase data exchange efficiencies between Community based contracts (i.e. Residential Reentry Centers) and medical billing support contractors. These solutions will be deployed for nationwide use by our partners and expertise is needed to address any technical issues that may arise during the contract period. The previous contracts identification numbers for these solutions are

DJBP0700NASR9M10136, DJBP0700NASS9M10101,

DJBP0700NASS9M10148 and 15BNAS19PU9M10105. Contract DJBP0700NAS9M10136 was awarded from May 18, 2016 through September 30, 2016 in the amount of $305,600.00 and contained an authorized sole source justification dated April 29, 2016. Contract DJBP0700NASS9M10101 was awarded on November 14, 2016 through February 14, 2017 in the amount of $24,975.00 and contained an authorized sole source justification dated November 10, 2016. Contract DJBP0700NASS9M10148 was awarded on August 03, 2017 through September 30, 2017 in the amount of $129,000.00 and contained an authorized sole source justification dated July 26, 2017. Contract 15BNAS19PU9M10105 was awarded on July 01, 2019 through June 30, 2020 in the amount of $996,220.00 and contained an authorized sole source justification dated May 15, 2019. Furthermore, the vendor, Nixtek Solutions Incorporated, is represented as a small business in the System for Award Management database.

The estimated value for this procurement is $1,022,080.00.

4. Authority Cited – The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, determined that the use of this authority is appropriate pursuant to FAR Subpart 13.501(a), that the circumstances of this action deem only a single source is reasonably available.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited – Due to the customization provided by the Systems Engineer, no other vendor has the expertise or knowledge to fully support these applications immediately. As issues arise with the current code base, only the architect of these solutions would be a viable candidate for meeting the requirements of this acquisition in the time frame needed. The services requested are unique to this subject matter expert.

Nixtek has designed, continued development, and maintained customization of the current R3M system. As the developer, Nixtek has unique knowledge and detail expertise with the Bureau’s Private Cloud Environment, as well as thorough knowledge of Bureau and DOJ’s network, security architecture, data systems and policy requirements. This acquisition is for a period of 12 months to allow for open competition for an extended contract solicitation. An attempt to contract with a new entity unfamiliar with the current application would be prohibitive due to the amount of time for a new contractor to learn existing code and operations. The amount of time it would take a new contractor to become familiar with the project would likely extend beyond the life of this contract, preventing competition of the list of requirements.

6. Efforts Made to Solicit from as Many Sources as Practicable Including Whether or Not a Notice Was or Will be Publicized as Required by FAR Part 5.2: - A notice of the Bureau’s intent to issue a sole source award to Nixtek Solution will be posted to the Government Point of Entry (GPE) in accordance with FAR Subparts 13.105(a) and 5.203(a). The sole source justification will be made available to the GPE as required by FAR Subpart 13.501(a)(1)(iii).

7. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable - Through market research, comparison of pricing to historical prices paid, Independent Government Estimate, and catalog pricing for the same and similar services, the Contracting Officer anticipates the price for the technical support of R3M, Medical Billing Adjudication, and data exchange services to be fair and reasonable.

8. Description of the Market Survey Conducted – Market research revealed that Nixtek has not authorized reseller authority.

9. Other Factors – N/A

10. List of Sources, Expressing in Writing, Interest in the Acquisition – Nixtek Solutions, Inc.

11310 Kings Valley Road Damascus, MD 20872-2258

DUNS: 079460561

11. Actions to be taken to Promote future competition - The Contracting Officer, in conjunction with technical guidance provided by the Office of Information Technology, will continue to conduct market research to ascertain the availability of other sources for competition for future acquisitions.

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12. Technical Certification:

I certify that the supporting data under my cognizance which verifies the Government's requirements included in this justification are accurate and complete to the best of my knowledge and belief.

Dana DiGiacomo Date Assistant Administrator, Residential Reentry Management Branch

13. Contracting Officer's Certification:

I hereby certify this justification is accurate and complete to the best of my knowledge and belief.

Paul Brown Date Contracting Officer, National Acquisitions Section

14. Concurrence:

I certify the above justification is accurate and complete to the best of my knowledge and belief.

Robert Bland Date Chief, National Acquisitions Section

Catherine S. Scott Date Chief, Acquisitions Branch/ Procurement Executive

Approved By:

Date

06/02/2020

06/02/2020Digitally signed by PAUL BROWN Date: 2020.06.02 12:44:45 -04'00'

Loneryl Burns Senior Deputy Assistant Director

ROBERT BLAND Digitally signed by ROBERT BLAND Date: 2020.06.03 13:31:21 -04'00' 06/03/2020

CATHERINE SCOTT

Digitally signed by CATHERINE

SCOTT

Date: 2020.06.15 13:10:24 -04'00'

06/15/2020

LONERYL BURNS Digitally signed by LONERYL BURNS Date: 2020.06.30 08:03:29 -04'00'