Eisenhower JA 2024_18_Redacted.pdf

Control No.: MICC 2024-18

Legal Counsel:

DSN:

Date: See digital signature.

Acting Director, MICC-Eisenhower:

Assistant Director, Small Business Program:

MICC Office of Counsel:

FAR 13.5 Simplified Procedures for Certain Commercial Items

Sole Source Justification and Approval

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)-Fort Eisenhower, GA., 271 Heritage Park Lane Fort Eisenhower, GA 30905

2. Description of Action: The U.S. Army Criminal Investigation Laboratory (W33BWH), requests a new firm-fixed-price contract with JusticeTrax Inc., One North MacDonald, Suite 500, Mesa AZ 85201-7307. The Government projects award for September 2024 using fiscal year 2024 Operations and Maintenance (O&M) appropriations.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The U.S. Army Criminal Investigation Laboratory (USACIL) requires the purchase of annual off-site support and maintenance services for the installed JusticeTrax LIMS-plus software system for a base period and four option years. The annual maintenance and support will include upgrades released by the company for new features and software updates.

Base Period: 30 SEP 2024 to 29 SEP 2025 Value: $199,884.00 Option Year 1: 30 SEP 2025 to 29 SEP 2026 Value: $259,850.00 Option Year 2: 30 SEP 2026 to 29 SEP 2027 Value: $363,790.00 Option Year 3: 30 SEP 2027 to 29 SEP 2028 Value: $437,582.00 Option Year 4: 30 SEP 2028 to 29 SEP 2029 Value: $459,461.00 FAR Clause 52.217-8: 30 SEP 2029 to 29 MAR 2030 Value: $229,731.00

Total Value: $1,950,298.00

4. Authority Cited: Simplified Procedures for Certain Commercial Items, Title 41 U.S.C. 1901 as implemented by FAR Subpart 13.5: Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

a. The U.S. Army Criminal Investigation Laboratory (USACIL) requires annual JusticeTrax support and maintenance services to maintain compliance with ISO/IEC 17025 requirements for a laboratory information management system (LIMS) that is protected from unauthorized access, safeguards against tampering and loss, is operated in an environment that complies with USACIL, Department of the Army, and Department of Defense specifications, and is maintained in a manner that ensures integrity of data and information (ISO 17025 Clause 7.11.3). The USACIL, located at the Gillem Enclave in Georgia, provides forensic laboratory services to the Department of Defense investigative agencies and other Federal law enforcement agencies.

JusticeTrax LIMS-plus aggregates, generates, and retains records in alignment with management system processes for demonstrating continuous compliance with ISO 17025 and ANSI National Accreditation Board (ANAB) accreditation requirements.

b. JusticeTrax LIMS-plus supports ISO 17025 process requirements for handling of test items including unambiguous identification of items, transportation, receipt, storage and return of evidence to the submitting investigative office by USACIL. JusticeTrax is the repository for case-related data and report generation. JusticeTrax, Inc. is the sole supplier of its products and services. The company uses no outside vendors, representatives, or agents to distribute any of its products or services.

c. There are various types of laboratory information management systems. The application of these systems varies depending on the type of laboratory and business processes. The USACIL is a criminal investigation laboratory with a requirement to support 160 users. The LIMS has been validated and configured to sustain our 20 plus accredited services. The LIMS must have the ability to communicate with a variety of software currently maintained within the laboratory.

d. The cost of implementing a new LIMS would involve product validation, laboratory-specific configuration, administrator training, staff instruction and ongoing technical assistance, stakeholder (e.g., customer) education, user license fees, and periodic upgrades. The process of changing LIMS is laborious and would significantly affect the laboratory’s casework turn-around time, increase workloads, and potentially impact accreditation. The LIMS restructuring and implementation costs would not be offset by any potential cost savings through competition.

e. Impact if justification not approved:

1) Failure to purchase annual maintenance agreements for the installed

JusticeTrax software will be detrimental to the uniform standardized documentation of laboratory activities and continuous demonstration of compliance to maintain accreditation.

2) USACIL will be required to obtain HQDA G6 investment approval for a new management system to replace the existing system.

3) USACIL will incur the high costs of acquiring and installing a new LIMS, migration of existing data and further purchase of network hardware and software infrastructure to support a new management system, as well as cost for an Approval to Operate (ATO) inspection.

6. Efforts to Obtain Competition: A Sources Sought Announcement was posted to Sam.gov on 08 November 2023 with a draft copy of the PWS. Responses were due 22 November 2023, but none were received. JusticeTrax, Inc. is the only company that produces, supports, and distributes the JusticeTrax LIMS-plus software. No other vendor is authorized to resell JusticeTrax system software nor provide off-site maintenance support.

7. Actions to Increase Competition: No other competition is currently available.

JusticeTrax LIMS-plus software is exclusively produced, supported, and distributed by JusticeTrax, Inc. USACIL research scientists are continually researching sources of information and services to enable forensic examiners to conduct effective and reliable examinations. If USACIL identifies a similar requirement, every effort will be made to compete it to the maximum extent possible.

8. Market Research: Extensive research was conducted (Internet searches, telephonic communication, electronic communications, and literature searches) to determine the availability of manufacturer authorized software/hardware and warranty maintenance for this JusticeTrax LIMS-plus information management system. A Sources Sought Announcement was posted to Sam.gov on 08 November 2023 with a draft copy of the PWS. Responses were due 22 November 2023. No responses were received. No alternative vendor, including any on a GSA Schedule or the open market, is available to provide this software/hardware and warranty maintenance. Market survey inquiries via emails identified JusticeTrax, Inc. as the only distributor of the required products.

JusticeTrax, Inc. is the manufacturer of the JusticeTrax LIMS-plus system and possesses proprietary rights to the software. This requirement is proprietary to JusticeTrax LIMS-plus and JusticeTrax, Inc. is the only contractor to meet the specifications. JusticeTrax has provided a letter stating they are the sole provider of their products and services, and they use no outside vendors, representative or agents to distribute any of their products or services. Market research results was compiled and completed on 16 January 2024 by Contract Specialist, at MICC – Fort Eisenhower.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History:

Contract number: W91249-19-P-0144 Vendor: JusticeTrax Award date: 30 SEP 2019 Competitive Status: Sole Source Authority cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.

1901 as implemented by FAR Subpart 13.5: Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Contract number: W91249-14-P-0227 Vendor: JusticeTrax Award date: 18 SEP 2014 Competitive Status: N/A Authority cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.

1901 as implemented by FAR Subpart 13.5: Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Contract W912-14-P-0227 was the initial purchase and fielding of JusticeTrax LIMS-plus at USACIL. Product validation of this procurement required personnel who were familiar with the nine disciplines in the laboratory and had extensive knowledge of the various laboratory systems. The USACIL used five scientists to perform product validation, staff training, and technical troubleshooting which took two years to complete (GS13 average salary of $119,016 times 5 employees for two years equates to a cost of $1,190,160). The use of these personnel to implement a new LIMS initially degraded the USACIL mission by creating a caseload backlog, and the learning curve associated with the new system temporarily increased the turn-around times in criminal investigative cases.

Approval

Based on the foregoing justification, I hereby approve the procurement of maintenance and support for the JusticeTrax Laboratory Information Management System (LIMS) -plus used by the U.S. Army Criminal Investigation Laboratory (USACIL) on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, Title 41 United States Code Section 1901 as implemented by Federal Acquisition Regulation (FAR) 13.5. The estimated value of the contract is $1.95 million consisting of a base year and four option years, to include FAR Clause 52.217-8 from approximately September 2024 through approximately March 2030. The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX