A16_JOFOC_LSJ_Body_Camera_Redaction_(16Dec2024)_1.pdf

LIMITED-SOURCES JUSTIFICATION

AUTHORITY: FAR 8.405-6 and 40 U.S.C 501

Solicitation 140D0424Q1025

This acquisition is conducted under the authority of the General Services Administration (GSA)

Multiple Award Schedule (MAS) Program.

1. Identification of the agency and contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

This Limited Sources Justification (LSJ) is being executed by the Department of the Interior, Interior Business Center, Acquisition Services Directorate (DOI IBC/AQD), on behalf of the

U.S. Department of Health and Human Services, Office of Inspector General, Office of

Investigations (HHS-OIG/OI), National Training and Emergency Operations Branch (NTEOB).

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

The purpose of this LSJ is for a new requirement for contractor support services from Mayvin, Inc. to support HHS-OIG/OI’s emerging Body-Worn Camera and associated Digital Evidence

Management System (BWC/DEMS) program. Based on market research completed by HHS

OIG and DOI IBC/AQD, Mayvin, Inc. was found to be the only contractor with the highly specialized experience and qualifications to meet the requirements in the Statement of Work

(SOW). In accordance with Federal Acquisition Regulation (FAR) 8.405-6(a)(1)(i)(B), the requirement will be solicited and awarded as a sole source to Mayvin, Inc.

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

(including the estimated value).

HHS-OIG/OI maintains and manages the BWC/DEMS program using the Axon Criminal Justice

Information Services (CJIS) Impact Level 5 (IL5) compliant cloud/digital evidence management system. HHS-OIG/OI utilizes the Axon video review, video redaction (blurring technology), and

Axon video management solution to distribute, analyze, and retain the chain of custody for its body-worn camera footage.

Contractor services will be focused on comprehensive support of the HHS-OIG/OI BWC/DEMS program established pursuant to Executive Order 14074. Contractor services include providing expert and executive-level support, Freedom of Information Act (FOIA) support, redaction support, video analysis, policy development, compliance review, training, and investigative support to the HHS-OIG/OI BWC/DEMS program.

The estimated period of performance includes a 12-month base period, four (4) 12-month option periods, plus an up to six-month extension period pursuant to FAR clause 52.217-8. In addition, Solicitation 140D0424R0108 the base period and each option year will have an optional Contract Line Item (CLIN) to increase labor hours pursuant to FAR clause 52.217-6. The total estimated value of the 12-month base period award is . The total estimated value for the 12-month base period, all option periods and optional six-month extension is .

4. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(i)B - Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Market research did not identify any small or large businesses as potential sources based on information contained in the Contractor’s Terms and Conditions (T&C) Price List in the GSA eLibrary however, through discussions with other federal law enforcement agencies

HHS/OIG/OI identified Mayvin, Inc. as a qualified source. Mayvin, Inc. offers contract services through GSA MAS, Special Item Number (SIN) 541330 - Engineering Services.

Mayvin, Inc. is the first contractor to work with the U.S. Department of Justice (DOJ) - U.S.

Marshals Service’s (USMS) to establish and facilitate a mature body-worn camera program that meets the Presidential Executive Order 14074. Mayvin, Inc. was instrumental in developing and implementing DOJ - USMS’s body-worn camera program and it is used as a model for other federal agencies.

The Mayvin team has an established working relationship with HHS-OIG/OI’s body-worn camera and associated digital evidence management system provider, Axon, along with current and relevant past performance that provides the following services:

• Unsurpassed experience with the Axon camera, software, and CJIS-compliant Cloud-based applications.

• Training to carry, operate, maintain, and secure the equipment, including when to activate and deactivate BWCs.

• Specialized and sensitive investigative techniques.

• Implementation and management of procedures governing the collection, storage, access, retention, use, and dissemination of BWC recordings, consistent with applicable federal laws and DOJ policies.

• Expedited public release of recordings in cases involving serious bodily injury or death.

• Support body-worn camera requests from/for prosecutors and the FOIA.

• Support for Internal Affairs (IA).

• Support Force Review Boards.

• Subject Matter Expert body-worn video/Program Managers.

The Mayvin team has highly specialized experience in:

• Consulting with federal law enforcement agencies in the establishment and ongoing management of body-worn camera programs and policies in connection with Executive

Order 14074, which is the underlying mandate for HHS-OIG/OI’s BWC/DEMS program.

• Using the Axon ecosystem, a proprietary system of hardware, applications, and cloud-based storage that HHS-OIG uses to record, ingest, review, analyze, redact, and externally disseminate its body-worn camera recordings, which includes integrated proprietary AI redaction tools and a comprehensive audit trail and chain of custody vital to maintaining the forensic integrity of evidence managed within the system.

The Mayvin team has specialized qualifications in:

• Performing services by individuals with prior law enforcement experience, which bring a unique understanding of law enforcement investigations, operational tactics, use of force, and evidentiary principles essential for the appropriate analysis and efficient redaction of

BWC recordings.

• Currently employing the original authors, deployment, and editing team members that were instrumental in assisting the DOJ - USMS in developing their program. In addition to the original team, Mayvin, Inc. acquired additional sources to help with the development of BWC programs across the federal law enforcement landscape.

Market research results did not identify other vendors with the prerequisite qualifications to support the initial standup of HHS-OIG/OI’s emerging BWC/DEMS program. Market research also concluded Mayvin, Inc. as an industry leader with the working and highly specialized experience and qualifications that identifies them as the only source capable of providing the services required at the level of quality required.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d).

Solicitation shall be done under GSA MAS GS-10F-0280Y SIN 541330 - Engineering Services as a limited (sole) source acquisition. GSA has already determined that prices under GSA MAS

GS-10F-0280Y are fair and reasonable, ordering activities do not need to make a separate determination of fair and reasonable pricing. However, the ordering level CO shall conduct an overall price reasonableness determination prior to award to ensure that the Offeror’s quote is appropriate to accomplish the requirement solicited.

The Government anticipates awarding a task order based on the identified schedule. If there are no modifications to the level of service(s), the decision will be determined through an assessment based on meeting required technical specifications. While this will be a Labor Hours (LH) award, the pricing of each labor category will be fixed price as found in the awardee’s GSA

MAS catalog. Evaluation will be based on technical acceptability at a fair and reasonable price.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

A methodological search on GSA eLibrary of all contractors with MAS under Northern

American Industry Classification System (NAICS) 541990 - All Other Professional, Scientific, and Technical Services and NAICS 541330 - Engineering Services was performed. To narrow down search results, a keyword search filter was applied to the contractor’s Terms and

Conditions (T&C) Price List. Results identified 17 contractors with NAICS 541990 and 11 with

NAICS 541330. Each resulting T&C Price List were reviewed for applicable law enforcement experience and relevant video experience. No contractor was identified with relevant law enforcement and/or video experience. However, through discussions with other federal law enforcement agencies HHS-OIG/OI identified Mayvin, Inc. as a qualified source.

HHS-OIG/OI participates in a federal community of practice focused on the body-worn camera/digital evidence management system programs. The group consists of stakeholders across federal law enforcement agencies, their counsel, and representatives from Executive

Office for United States Attorneys, and holds monthly meetings where the group discusses emerging issues in BWC/DEMS program and policy development and management. As a part of this group and in individual conversations with other federal law enforcement agency stakeholders, HHS-OIG/OI has participated in discussions regarding how other agencies are performing the services that are the subject of this contract.

HHS-OIG/OI participates in the National Technical Investigators Association (NATIA), a non-profit training association dedicated to the education of law enforcement, military, and intelligence organizations and their personnel. HHS-OIG/OI has attended the NATIA national training conference, which included exhibitions by over 150 vendors related to law enforcement technology, including body-worn camera and digital evidence management systems.

Through this market research, Mayvin, Inc. is the only source of which HHS-OIG/OI is aware that is capable of immediately providing the specific expertise and combination of unique and specialized services required, at the level of quality required.

7. Any other facts supporting the justification.

HHS-OIG/OI has acquired Axon body-worn cameras and anticipates operational deployment beginning in January 2025. This contractor support contract will enable HHS-OIG/OI to begin collecting operational footage pursuant to Executive Order 14074 and fulfill the immediate need for the comprehensive services required by this contract. Failure to procure these services may result, among other things, in the inability to timely satisfy statutory and regulatory obligations

(such as the production of appropriately redacted BWC recordings for criminal discovery or in response to FOIA requests), resulting in potential prejudice to underlying investigations and reputational harm to the agency.

To be successful, HHS-OIG/OI requires a fully functional team with the specialized experience and knowledge of BWC/DEMS programs like Mayvin’s BWC team. HHS-OIG/OI has determined that a sole-source justification is in the best interest of the agency. The use of body-worn cameras has become expected by the public. The President issued an Executive Order to expedite the deployment of BWCs throughout federal law enforcement. Utilizing a sole source to Mayvin, Inc. would allow the HHS-OIG/OI to continue its deployment and implement the agency’s Body Worn Camera/Digital Evidence Management System Program.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for supplies and services is made.

Mayvin, Inc. is an industry leader with the working and highly specialized experience and qualifications that identifies them as the only source capable of providing the services required at the level of quality required. While Mayvin, Inc. has been identified as the immediate solution based on current needs and pricing, HHS-OIG/OI will continue to conduct market research and is open to future competition to identify other vendors that would be able to fulfill its requirements. In addition, market research will be conducted prior to exercising option years to determine if there are other companies that can provide this solution in full at better pricing.

9. The ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

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

Date

Contracting Officer

10. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

I certify the technical data which forms a basis for this justification is complete and accurate and meet the Government’s minimum needs.

Contracting Officer’s Representative

11. For justifications under 8.405-6(a)(1), a written determination by the approving official identifying the circumstance that applies.

FAR 8.405-6(a)(1)(i)B - Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

12. Reviews and Approvals

Approve

9/26/24

DOI IBC/AQD Competition Advocate