15BNAS21FW2T10001.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Washington, D.C. 20534

MEMORANDUM FOR LONERYL BURNS, SENIOR DEPUTY ASSISTANT DIRECTOR

FOR ADMINISTRATION/COMPETITION ADVOCATE

FROM: Catherine S. Scott Procurement Executive

SUBJECT: Limited-Sources Justification

The purpose of this memorandum is to request your approval of the attached Limited-Sources Justification for the procurement of maintenance and support services for the Trust Fund Account and Commissary System. The overall estimated value for this service is not expected to exceed $7,239,917.28.

This Limited-Sources Justification has been reviewed and meets all applicable Federal Acquisition Regulation requirements. We recommend and request that you sign the attached justification.

If you have any questions, please let me know.

Attachment

September 28, 2020

CATHERINE SCOTT

Digitally signed by CATHERINE

SCOTT

Date: 2020.09.28 10:59:39 -04'00'

National Acquisitions Section Limited Sources Justification

Pursuant to the Federal Acquisition Regulation (FAR) Subpart 8.405-6 and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304 (c), the Federal Bureau of Prisons has determined that restricting consideration of schedule contractors is justified for this procurement action. This acquisition is conducted under the authority of the General Services Administration’s (GSA), Multiple Award Schedule (MAS) program.

The following is a list of supporting documentation for this imited ource ustification in accordance with FAR Subpart 8.405-6 (c)(2):

1. Identification of the agency and the contracting activity:

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

2. Nature and/or description of the action being approved

This procurement action is to award a one year firm-fixed-price task order for the Bureau’s Trust Fund Branch (TFB) for operation & maintenance (O&M) support services for the Trust Fund Account and Commissary System (TRUFACS) enterprise to Advanced Technologies Group, LLC (ATG).

This acquisition will allow the Bureau TFB to continue to receive vital software licensing, maintenance support, minor code changes for the enterprise system and applications without disruption of services while developing a comprehensive plan for fulfilling the TFB requirement of new multiple year contract vehicle.

3. A description of the supplies or services required to meet the agency’s needs including estimated value

The scope of this acquisition is for annual O&M support services for TRUFACS enterprise. The support includes database support, server administration, windows active directory support, and central office workstation support.

The O&M shall also provide day-to-day operation management and support, software maintenance, technical support, updates (fix, patch, repair software), and changes for ongoing

09-20-0137, NAS, TRUFACS

operation of the system. The annual O&M support services are required from October 1, 2020 through September 30, 2021.

The following applications are supported and maintained for the procurement of O&M support services are:

Accounting and commissary system application that maintains and accounts for inmate funds, processes commissary sales, and maintains commissary inventory.

Access application developed to provide a standard secure means of managing access to all current and future Trust Fund applications.

Phone application used to manage inmate telephone call history, financial accounting, and call recordings.

This is a separate application from the call processing servers (PBX) on the Inmate Telephone System, but both applications are required for inmate call completion.

A limited computer application provided to the inmate population to communicate with friends and family in the community. In addition to electronic messaging, this application provides a means for inmates to access the Electronic Law Library (ELL) and purchase music for use on their MP3 players purchased via the commissary.

A video service application provides the inmates the ability to conduct video sessions with approved contacts located outside of their Institution.

An application that provides the Unit Management staff the ability to review inmate account records and reports.

Accounting application that provides the ability to process Inmate Performance Payroll (IPP) and provides budgeting and reporting information.

An inventory application used by institutions to monitor, order, track and requisition inmate and general supplies within each Bureau institution.

A link analysis application which contains charting capabilities. This application does not generate data, systems' databases to present users with actionable information.

X. An application used by the TFB for budgeting, accounting and financial reporting.

XI. An application developed for institutions' Executive Staff that provides a high-level overview of the applications described in items I, III, IV, VII, and

IX.

XII. A help desk and trouble ticket application to report on application/network issues, document change management, and track and monitor vulnerabilities.

XIII. Test environment/training environment for all of the above (I-XII).

The estimated value of this procurement is $7,239,917.28.

4. Authority and Supporting Rationale

This acquisition is conducted under the authority of the MAS program are 41 U.S.C. 152 (3), Competitive Procedures, and Title 40 U.S.C. 501, Services for Executive Agencies.

This justification is limiting sources in accordance with FAR 8.405-6(a)(1)(i)(B), only one source is capable of providing the services required because the services are unique and highly specialized.

The Bureau’s TRUFACS enterprise system was established has received ongoing development for many years. The TRUFACS enterprise system has become a complex system comprised of the network infrastructure and multiple software applications. This system is integrated on multiple levels (unit, component, system, system of systems) and supported, maintained, and developed by ATG since it was created. The TRUFACS system software source code is owned by ATG; the system applications in use are protected by copyrights; and ATG has not granted reseller authority to any other vendors for annual O&M support services of their proprietary software. The Bureau will require substantial time to conduct a comprehensive acquisition plan. Due to time constrains to conduct this acquisition plan it is vital to continue to maintain operation for the TRUFACS enterprise without disruptions. The current contract for the annual O&M support services expires on September 30, 2020.

In addition, interruption into TRUFACS systems would cause major disruptions and would severely impact the following overall operations of TFB and Bureau’s program requirements:

• It would affect more than 154,000 inmates routine use of the existing applications for “pay as you go” services (e.g. music downloads; public messaging);

• Tracking of financial transactions, and support of commissary sales;

• Inmate financial accounting between systems and the inmate financial database and used by multiple external law enforcement agencies;

• Security risk to the Bureau’s institutions, to include the safety of staff and inmates because of the disruption services dealing with many essential services.

Due to time constrains to conduct a comprehensive acquisition plan, ATG is the only company capable of providing TRUFACS annual O&M support services on the enterprise system.

5. A Determination by the Ordering Activity Contracting Officer that the Order Represents the Best Value

The CO will examine GSA FSS pricing catalog and previously paid prices of similar purchases of this type, as well as the Independent Government Estimate. Based on the information stated above, the CO anticipates the price will be fair and reasonable. In addition, this award will be made in accordance with the terms and conditions of the referenced GSA FSS. The IGE is based off of GSA Advantage pricing that is charged on a monthly basis for software maintenance for TRUFACS and TRULINCS, and TRUFACS database administration, server administration, windows administration, and workstation support. Orders placed against this MAS, using procedures in FAR 8.404, state that the CO does not have to make a separate determination that the price is fair and reasonable, although the CO will seek further price reductions for the required services.

Considering price and other factors, specifically ATG’s performance on previous contracts, and that there is a low risk of unsuccessful contract performance, the CO has determined that this method of procurement is the best value for the government at this time.

6.A Description of the Market Research Conducted Among Schedule Holders

In accordance with FAR 10.002, market research was conducted by technical representatives to determine the availability of the TRUFACS enterprise annual O&M support services in the market. A searched was conducted on the following potential sources website:

• Tiger Correctional Services

• Keefe Group

• GTL

• SECURUS

• JPAY

All information were analyzed to determine their capability to meet the Bureau’s needs; however, due to time constraints, the search was deemed to be insufficient to determine their capabilities to meet the Bureau’s needs. The Bureau acknowledges that they will require substantial time to gather comprehensive market research.

Research was also conducted through GSA FSS to determine the number of authorized contractors eligible to provide the required services. Market research revealed that ATG is on Federal Supply Schedule however, ATG does not contract with authorized resellers or any other vendors for annual O&M support services of their proprietary software.

Therefore, ATG is the only contractor capable of fulfilling the requirement on GSA Supply Schedules.

7. Any other Facts Supporting the Justification

N/A

8. Statement of the Actions to Remove or Overcome any Barriers

Acquisition planning began and, due to the complexity of the system, the Bureau acquired services to develop a TRUFACS statement of work that captures the full scope of the TRUFACS enterprise system. However, due to time constraints to conduct comprehensive market research to determine whether another company or multiple companies could provide these services, the requirement cannot be fulfilled through full and open competition.

In support of the Competition and Contracting Act, the Bureau will conduct the following actions to promote future competition in establishing the new multiyear contract vehicle:

I. Develop a comprehensive plan for fulfilling the Bureau’s needs in timely manner and at a reasonable cost. This process includes gathering accurate, up-to-date information, identify potential sources, market characteristics, emerging technologies, vendor capabilities, and leverage government opportunities so that informed acquisition strategy decisions can be accomplished. In addition, this plan will promote and provide for acquisition of commercial items, full and open competition, selection of appropriate contract type, and appropriate consideration of the use of preexisting contracts. The main goal is to ensure that the Bureau meets it needs in the most effective, economical, and timely manner.

The comprehensive plan will address all significant conditions such as:

• Requirements for compatibility with existing and future systems;

• Any known cost, schedule, and capability or future systems or programs;

• Cost such as life-cycle cost, design-to-cost, and application of should cost;

• Period of performance;

• Trade-off possibilities;

• Risks;

• Acquisition streamlining to encourage participation of potential vendors by issuing a draft solicitations and other means of involving the industry;

• Plan of action to consider small business, impact of any consolidation or bundling;

• Contract type selection;

• Source selection procedures;

• Acquisition considerations such as using multiyear contracting, options, other contracting methods, any special clauses, and any special solicitation provisions.

• Bundling Options;

• Small Business possibilities;

• Budgeting and funding;

• Determining the logistics consideration of the life of the acquisition;

• Government-furnished property;

• Government-furnished information;

• Security considerations;

• Contract administration; and

• Milestones of the acquisition.

II. Issuing a request for information, sources sought synopses, and/or a draft request for proposals. This will initiate communication between the Bureau and potential vendors. In addition, this action is intended to assist:

o Discover prevailing industry practices o Identify the availability(if any) of commercially available solutions o Identify customary industry terms, conditions, and warranties o Understand distribution and logistics capabilities o Ensure maximum competition o Reveal pricing information

The goal is to find necessary information to be analyzed so an informed decision can be achieved.

The CO will publish the Limited Source Justification Opportunities, .gov, for a minimum of thirty (30) days. Any responses to the Limited-Sources Justification will be noted and considered for use of establishing the new multi-year contract.

This acquisition will allow the Bureau to coordinate and integrate a comprehensive plan for fulfilling the TFB requirement in a timely manner and at reasonable cost without disruption of services. This planning includes developing overall strategy to conduct a procurement plan to ensure that Full and Open Competition is obtained in the new multi-year contract vehicle.

9. CONTRACTING OFFICER’S CERTIFICATION

I hereby certify this request for Limited Sources Justification is made in good faith and the supporting data and information are accurate and complete to the best of my knowledge and belief.

Vanessa Jackson, Contracting Officer Date National Acquisitions Section

10. TECHNICAL CERTIFICATION

I hereby certify that, to the best of my knowledge and belief, this requirement meets the Government's minimum need and that the supporting data, which forms the basis of this justification, is accurate, complete and current.

Laura Davies, Chief Inmate Communications Section

11. CONCURRENCE

Date

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

Robert Bland, Chief National Acquisitions Section

Date

Catherine S. Scott, Chief Acquisitions Branch/Procurement Executive

Date

Approved by:

Loneryl Burns Senior Deputy Assistant Director for Administration/Competition Advocate

Date

VANESSA

JACKSON

Digitally signed by VANESSA

JACKSON

Date: 2020.09.22 14:42:18 -04'00'

LAURA DAVIES Digitally signed by LAURA DAVIES Date: 2020.09.23 07:52:22 -05'00'

ROBERT BLAND Digitally signed by ROBERT BLAND Date: 2020.09.24 13:56:38 -04'00'

09-20-0137, NAS, TRUFACS

CATHERINE SCOTT Digitally signed by CATHERINE SCOTT Date: 2020.09.28 11:01:17 -04'00'

LONERYL BURNS

Digitally signed by LONERYL

BURNS

Date: 2020.10.06 08:02:17 -04'00'