LIMITED-SOURCE JUSTIFICATION ATG.pdf

U.S. Department of Justice Federal Bureau of Prisons National Acquisitions

NATIONAL ACQUISITIONS SECTION

LIMITED-SOURCE JUSTIFICATION

FEDERAL SUPPLY SCHEDULE CONTRACT

This procurement is being conducted in accordance with the ordering procedures at Federal Acquisition Regulation (FAR) Subpart 8.4 – “Federal Supply Schedules” under FAR 8.405-6 – “Limiting Sources” and 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.” This acquisition is conducted under the authority of the General Service Administration (GSA) Federal Supply Schedule (FSS), Multiple Award Schedule (MAS) program.

The following is a list of supporting documentation for this limited-sources justification in accordance with FAR 8.405-6(c)(2).

1. Identification of the Agency and the Contracting activity:

U.S. Department of Justice (DOJ) Federal Bureau of Prisons (Bureau) National Acquisitions Section 320 First St. N.W., Room 901-5 Washington, DC 20534

2. Nature and/or Description of Action being approved:

This procurement action is to award a one-year firm-fixed- price task order for the Bureau’s Counter Terrorism Unit (CTU) for operation & maintenance (O&M) support services of the electronic investigative system that allows for investigative data to be entered, reviewed, linked and archived (TRUINTEL). The task order will be issued to Advanced Technologies Group, LLC (ATG) pursuant to the terms and conditions of GSA MAS 47QTCA24D00FL.

3. Description of Supplies/Services required to meet the Agency’s Needs including the estimated value:

The BOP has a requirement to maintain their existing investigative software solution referred to as TRUINTEL. The TRUINTEL system, offered by ATG, is the only system capable of meeting the agency’s requirement since it was developed and designed to operate within the BOP’s Trust Fund Network (TRUNET) environment.

The estimated value for the 12-month period for the requirement of TRUINTEL annual maintenance services is not expected to exceed $719,280.50.

4. The authority and supporting rationale and, if applicable, a demonstration of the proposed contractor’s unique qualification to provide the required supply or service:

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

National Acquisitions 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.

TRUINTEL was designed to operate within TRUNET. TRUNET and TRUINTEL were developed by ATG. In addition to developing the systems, ATG also operates and maintains the systems for the BOP. As the developer/operator of the TRUNET system, ATG owns the proprietary rights and the source code to the TRUNET system and does not allow other FSS contract holders access to the source code. Access to the TRUNET source code will be necessary to ensure the TRUINTEL software can be maintained and will operate within the TRUNET environment.

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

The contracting officer determines that this order represents the best value, as the incumbent’s institutional knowledge and intellectual capital gained through performance of the original contract cannot be transferred to a new contractor without a substantial duplication of time resulting in a duplication of costs, missed milestone deliveries and delays.

A task order will be established in accordance with the terms and conditions of ATG’s GSA FSS which the GSA Contracting Officer has already determined the price to be fair and reasonable pursuant to FAR 8.404(d). In addition, re-procurement costs of identifying, customizing, installing and testing a different solution would not be practical and greatly increase the anticipated cost of this project. Therefore, ATG’s maintenance of the current software system represents the best value to the government.

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:

Market research was conducted through GSA FSS. Market research revealed that ATG does not share their proprietary information with other vendors. As such, ATG is the only source capable and positioned to provide maintenance to TRUINTEL. This task order will be established in accordance with the terms and conditions of the GSA FSS contract for which the GSA CO has already determined the price to be fair and reasonable.

7. Any other facts supporting the justification:

N/A

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 the supplies or services is made:

The TRUNET network is data rights protected. The network owner does not allow other vendors access to the source code that would be necessary to maintain the current investigative software solution. The Bureau will continue to conduct market research and make efforts to obtain competition for future acquisitions when applicable. At the present time, no actions are available which could remove competition barriers for the required product.

National Acquisitions

9. CONTRACTING OFFICER’S CERTIFICATION:

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

Jonathan Gant, Date Contracting Officer