A04 JA_OMC_Courtroom Technology_redacted_8.7.23.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

August 14, 2023

WHS-2023- 313

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

UNDER FEDERAL ACQUISITION REGULATION FAR SUBPART 6.3

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense (DoD), Washington Headquarters Services (WHS), Acquisition Directorate (AD), Enterprise Security and Services Division (ESSD) on behalf of the Office of Military Commissions (OMC).

2. DESCRIPTION OF ACTION: This follow-on requirement requests the approval to issue a sole source contract to Quantum Technologies, Inc. for continued support for Courtroom Technology Support Services in providing courtroom technology staff and expert consulting services to operate, maintain and upgrade the courtroom technology installed at the OMC courtrooms at Naval Station Guantanamo Bay (NSGB), Cuba; Arlington, Virginia;. This action will be a hybrid Firm-Fixed-Price, Labor-Hour, Time & Materials contract type, utilizing Fiscal Year (FY) 2023 Operations & Maintenance (O&M) funding with a total estimated dollar value of $10,230,503.96.

3. DESCRIPTION OF SUPPLIES/SERVICES: Pursuant to Executive Order 13425 and 10 USC § 948(h), the Secretary of Defense convened the Office of Military Commission (OMC) to support alien unlawful enemy combatant trials at Naval Station Guantanamo Bay (NSGB), Cuba. OMC’s mission at NSGB is to promote a fair trial for the accused, allow public access to military commissions, and protect national security.

This follow-on requirement will provide OMC with courtroom technology and expert consulting services in support of commission proceedings. Specifically, the highly qualified Audio/Video Operator/Installers and Audio/Video Engineers, who are Top Secret/Sensitive Compartmented Information (TS/SCI) cleared and eligible for the Special Access Program (SAP), are required to operate and maintain the Courtroom XXI legal technology system installation and support all phases of the courtroom technical operations to include official and unofficial transcription support, auxiliary location support, localized audiovisual broadcast infrastructure support, in addition to the conception of the design, engineering and installation.

The TS/SCI cleared and SAP eligible Audio/Video Operator/Installers are extremely essential to OMC’s mission by operating, maintaining, and upgrading the courtroom technology installed at the OMC courtrooms. In addition, during commission proceedings, the Audio/Video Operator/Installers provide setup assistance to trial counsel, trial judiciary and other technical staff; direct assistance to the Military Judge in the area of technology assistance; and assist court reporters, stenographers, and interpreters in audio/video issues that arise during commission sessions. Moreover, the Audio/Video Operator/Installers and Audio/Video Engineers provide the testing, troubleshooting, and installation for audio video IP streaming of court proceedings in the National Capital Region (NCR) regional offices.

The daily operation and maintenance support provided by two (2) full-time Audio/Video Operators/Installers will be contracted as firm-fixed priced (FFP). The surge support, which includes up to Audio/Video Operators/Installers, Network Engineer; Audio/Video Engineers; and Remote Help Desk support will be Time and Materials.

Performance Periods Performance Period Dates Amount

Base Period August 16, 2023 – August 15, 2024 $2,051,680.00 Option Period I August 16, 2024 – August 15, 2025 $1,743,730.40 Option Period II August 16, 2025 – August 15, 2026 $1,787,042.31 Option Period III August 16, 2026 – August 15, 2027 $1,831,653.58 Option Period IV August 16, 2027 – August 15, 2028 $1,877,603.19

6-month extension August 16, 2028 – February 15, 2029 $938,794.48 Base + All Options $10,230,503.96

4. AUTHORITY CITED: This action is authorized in accordance with Federal Acquisition Regulation (FAR) 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirement, and 41 U.S.C.3304(a)(1).

5. REASON FOR AUTHORITY CITED: The Government intends to award a sole source award to

Quantum Technologies, Inc., to provide Courtroom Technology Support Services. Quantum Technologies, Inc. is currently providing OMC with Courtroom Technology Support Services under contract HQ0034-23- C-0017 which was awarded as a sole source bridge award with services expiring on August 15, 2023.

Previously, Quantum Technologies, Inc. provided OMC with Courtroom Technology Support Services under contract HQ0034-19-C-0128. Due to OMC’s facility security sensitivity and unique mission only Quantum Technologies, Inc. can provide the required services. Quantum Technologies, Inc. provided OMC with the development of the currently used technical infrastructure and network support. The current support required must integrate with the existing technology infrastructure and network. Failure to award this contract to the incumbent, Quantum Technologies, Inc., would result in substantial duplication of costs to the Government, estimated in the amount of $550,000.00 to $700,000.00 if awarded to another vendor.

The estimated $550,000.00 to $700,000.00 includes costs for the contract labor hours for contract personnel to learn, and acclimate, to the unique special mission of Naval Station Guantanamo Bay special processes and IT requirements to perform audio/video installs and operation of equipment. Only a vendor working under this requirement currently, would know the special processes and IT requirements required. As such, these duplication of costs would not be recovered by the Government through competition.

6. EFFORTS TO OBTAIN COMPETITION: In an effort to obtain competition for this requirement, a

Sources Sought Notice (SSN) was posted on sam.gov on December 9, 2022 by Washington Headquarters Services (WHS)/Acquisition Directorate (AD). The SSN HQ0034-23-SS-COURT was posted for seven (7) days with a closing date of December 16, 2022. The Notice resulted in two responses, Quantum Technologies, Inc. and Corbett Technology Solutions, Inc. (CTSI). Both vendors are other than small business under NAICS code 517810.

A Notice of Intent to Sole Source was posted to sam.gov on June 29, 2023 which closed on July 7, 2023.

No responses or interest was received from the posting.

7. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1 Proposal analysis techniques, will be used to ensure award will be at fair and reasonable prices. Certified Cost and Pricing Data will be obtained in accordance with FAR 15.403-4.

8. MARKET RESEARCH: Market research was conducted by Washington Headquarters Services

Acquisition Directorate’s (WHS AD) Contracting Specialist for Courtroom Technology Support Services.

There is no existing internal contract vehicle that is available for use to place an order for this service.

Market Research Techniques: In an effort to identify the capabilities, customary practices, and standards of the commercial market, research was conducted using the following techniques:

a. Previous/Current Requirement: Current services for OMC’s requirement for Courtroom Technology Support Services requirement is currently being performed by Quantum Technologies, Inc., an other than small business, under contract HQ0034-23-C-0017 awarded on February 15, 2023. The contract, consist of a 3-month base period with three (3) 1-month option periods, and is set to expire on August 15, 2023. The current contract was awarded as a sole source acquisition.

b. Publishing Formal Request for Information: On December 9, 2022, a Sources Sought Notice was posted to SAM.gov. The Sources Sought Notice was posted for seven (7) days and closed on December 16, 2022. The Notice resulted in two responses, Quantum Technologies, Inc. and Corbett Technology Solutions, Inc. (CTSI). Both vendors are considered large under NAICS code 517810. Both vendors’ capability statements indicate that they have TS/FCL clearances and have personnel who are TS/SCI cleared. OMC evaluated both capability statements and concluded that Quantum Technologies, Inc. is the only vendor that has the capabilities and expertise to successfully fulfill this requirement.

A Notice of Intent to Sole Source was posted to sam.gov on June 29, 2023 which closed on July 7, 2023. No responses or interest was received from the posting.

9. OTHER FACTS: N/A

10. INTERESTED SOURCES: There were a total of two interested sources to date. The following vendors submitted their capability statements in response to the Government’s source sought notice:

# Vendor Address Size 1 Quantum Technologies, Inc 991 Discovery Drive

Huntsville, Alabama 35806 Large

2 Corbett Technology Solutions, Inc (CTSI) 4151 Lafayette Center Dr #700 Chantilly, VA 20151

Large

OMC evaluated both capability statements and concluded that Quantum Technologies, Inc. is the only vendor that has the capabilities and additional expertise to successfully fulfill this requirement.

11. ACTIONS TO INCREASE COMPETITION: For future follow-on OMC Courtroom Technology

Support Services requirement WHS/AD will identify methods to reduce and mitigate the duplication of cost for this requirement, which may allow this requirement to be competed in the future.

12. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

☒Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification ☐ were ☒ were not completed.

☐ No. The original acquisition was conducted on a competitive basis.

☐ Not Applicable. This is a new requirement.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

8/15/23

Contracting Officer’s Representative/Program Office Date

8/15/23

Contracting Officer Date

CONCURRENCE

Base on the foregoing, I hereby concur with this justification and recommend for approval.

David H. Kao, Competition Advocate Date

APPROVAL

This justification is, approved.

David D. Sanders, Director Date