JCI JA 22-0048 (REDACTED version).pdf

J&A: 22-0048

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The requirement for the maintenance and installation of Intrusion Detection, Fire Dialer Communication, Card Access and CCTV Systems is to protect various classified projects and programs, as mandated by the Defense Intelligence Agency (DIA), including full maintenance service with a rapid response time for component failures at all times. This requirement is currently fulfilled by contract N0042117D0033, which was awarded to TYCO Integrated Security, LLC. In January 2018, a modification was awarded to reflect the acquisition of TYCO by JCI. JCI equipment and maintenance service capabilities meet the stringent requirements of DIA Manual ICD/ICS 705. In addition, NAVAIRWARCENACDIVINST 5530.1, OPNAVINST 5530.13, and OPNAVINST 5530.14 require that all Intrusion Detection, Fire Alarm Communication, Card Access and CCTV Systems procured to protect classified information be compatible with the computerized monitoring equipment located at the NAS Emergency Services Dispatch Center, Building 2184, at NAS Patuxent River. Though the primary monitoring center is located at the Regional Dispatch Center (RDC) Washington Navy Yard (WNY), Washington, DC, the local monitoring center at NAS Patuxent River must be maintained, as it is the communications link between the protected sites on the NAS Patuxent River Complex and the RDC. The Department of Public Safety's security- monitoring unit is a Mastermind computer system that was purchased in 2001. The DIA approved computerized monitoring equipment and the data encryption program utilized by the Department of Public Safety was developed by JCI (formerly TYCO) at their own expense and they have retained all associated data rights. The communication status changes (on/off alarm/no-alarm) from the protected site of the monitoring unit are required to be encrypted.

In accordance with ICD/ICS 705, the communication lines must be supervised to detect interception and duplication of data. The equipment is used to protect classified research, development, test and evaluation (RDT&E) data gained from evolving aircraft and weapons systems tests. The proposed equipment is the only equipment that will communicate between the protected site and the monitoring unit.

The Government has no rights to the design of the equipment or components making up this system. Based on an exchange between the contractor and the customer on 06 January 2022, JCI has stated that they are not willing to offer the data rights to the Government for purchase.

Therefore, JCI is the only manufacturer that is capable of providing the required equipment and associated maintenance service.

equipment/technology is present in nearly 300+ buildings. This includes building access, but also hundreds of individual secure rooms and labs currently meeting accreditation requirements for classified information access, storage, and processing. Failure to procure this equipment and associated services will jeopardize the security requirements specified in ICD/ICS 705 and OPNAVINST 5530.14 for various projects and programs ongoing at NAWCAD and the NAS, Patuxent River Complex. Compromise of this data would jeopardize National Security. Without the protection provided by JCI Intrusion Detection systems, law enforcement manpower would have to be increased by approximately 70% to provide the same

J&A: 22-0048 degree of security. Additionally, in order to remove all platforms and infrastructure and replace the existing Electronic Security Systems (ESS) with new equipment and software, NAWCAD would incur cost of approximately based on General Services Administration (GSA) rates for material and labor. To complete this removal effort, it would take approximately 58,240 hours, and with 4 full time technicians, it would take over 7 years to complete.

Furthermore, the installation and accreditation of new systems for each building would require impermissible work stoppages in these NAWCAD spaces, thus creating additional costs across NAWCAD. Therefore, award of a contract to any other source would result in substantial duplication of costs that are not expected to be recovered through competition.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

A Request for Information (RFI)/Sources Sought/Notice of Intent for the follow-on agreement was posted to beta.SAM on 03 January 2022. No other potential sources expressed an interest in this requirement. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than JCI to provide the required supplies and services.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

Market searches have been performed periodically by the technical activity for equipment that would be completely compatible and interchangeable with the existing JCI equipment. Thus far, it has been necessary to continue to obtain these supplies and services from JCI. However, in an effort to remove barriers to competition, the technical activity will continue to survey the market through industry websites, advertisements, vendor demonstrations, and technical publications.

This effort is a follow-on for supplies and services previously awarded on a non- competitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).