Limited_Sources_Justification_DHART.pdf

Control No: CAO-18-0449

Contractor: CodeLynx, LLC

Program/Equipment: DHART

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR 8.405-6 LIMITED SOURCES JUSTIFICATION

UNDER THE GENERAL SERVICES ADMINISTRATION

FEDERAL SUPPLY PROGRAM

Program/Equipment: This proposed action is to obtain support for the operations, maintenance, sustainment, and cloud hosting of the Department of Defense’s Data Housing and Reports Tool (DHART) Suite in support of the US Army’s Office of Provost Marshal General (OPMG) Law Enforcement Compliance Program (ALECP), the U.S.

Navy’s Commander Navy Installations Command (CNIC) Security Forces Program, and the United States Marine Corps’ (USMC) Law Enforcement Program/Mission Assurance Program.

Authority: Title III of the Federal Property and Administrative Services Act of 1949 (41U.S.C. 251, et. Seq) and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by FAR 8.405-6.

Amount: $5,503,344.96

Prepared by: James J. Martin DSN: 562-6653 Contract Specialist Date: 25 May 2018 Email: james.j.martin3.civ@mail.mil

Contracting Officer: Paul G. Lepore DSN: 562-6101 Contracting Officer, Date: 25 May 2018 Email: paul.g.lepore.civ@mail.mil

Technical: Thomas S. Blair DSN: 225-8823 Chief, Law Enforcement Division, Date: 03 July 2018

OPMG

Email: thomas.s.blair4.civ@mail.mil

Requirements: Shirley A. Freelon DSN: 571-0379 Chief, Resource Management, OPMG Date: 06 June 2018 Email: shirley.a.freelon.civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support limiting competition.

Program Manager:

Typed Name: Jeffrey W. Pearce

DSN: 225-8499

Signature: //Signed// Date: 06 June 2018

Group Manager:

Typed Name: Kenneth A. MacFarlane

DSN: 562-7268

Signature: //Signed// Date: 25 May 2018

Center Director:

Typed Name: Alex J. Matejka

DSN: 562-2631

Signature: //Signed// Date: 30 May 2018

Legal Counsel:

Typed Name: Annemarie Drazenovich

DSN: 562-6673

Signature: //Signed// Date: 7 June 2018

Deputy Director:

Typed Name: Suzanne M. Anderson

DSN: 562-3844

Signature: //signed// Date: 8 June 2018

FAR 8.405-6 Limited Sources Justification Under the General Services Administration

Federal Supply Schedule Program

1. Contracting Activity: U.S. Army Contracting Command – New Jersey

2. Description of Action: The Office of the Provost Marshal General (OPMG) requests a new firm-fixed-price task order under General Services Administration (GSA), Federal Supply Schedule (FSS) Program, with CodeLynx, LLC, 4937 Fargo Street, North Charleston, South Carolina 29418. The Government will execute this action against FSS contract GS35F0012V. Projected award is September 2018 and fiscal year 2018 Operations and Maintenance funds will be used.

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: This proposed action is to obtain support for the operations, maintenance, sustainment, and cloud hosting of Department of Defense (DoD) Data Housing and Reports Tool (DHART) Suite of tools in support of the US Army Law Enforcement Compliance Program (ALECP), the US Navy’s Commander Navy Installations Command (CNIC) Security Forces Program, and the U. S. Marine Corps (USMC) Law Enforcement Program/Mission Assurance Program. The ALECP Automated Assessment Tool (AAT) system is a Government Off-the-Shelf (GOTS), contractor operated system developed for the U. S. Army and U. S. Marine Corps Law Enforcement professionals based on the DHART. The DHART Suite of tools was developed specifically to support Marine Corps, Navy, and Army operational requirements and encompasses the DHART application, the AAT and the Scheduling tool (collectively referred to as DHART). The DHART was modified to support additional DoD mission and operational needs in Fiscal Year (FY) 2014 and FY 2015. DHART provides the capability to meet DoD Military and Civilian Law Enforcement (LE) training and reporting requirements in accordance with DoD Instruction 5525.15, DoD Directive 5124.02, DoD Instruction 5105.18 and the Office of the Chief of Naval Operations (OPNAV) 5530.14/5591. More specifically, DHART is an enterprise-level system of three web-based applications fielded initially by the USMC and Navy, and then the Army under separate contracts with the vendor, CodeLynx, LLC, from 2009-2013. The three separate contractual requirements were then consolidated into the current requirement. The tools within the DHART application allow the services to assess and validate installation LE agency (i.e. Military Police Station) compliance with standards in executing operations (Army/USMC); to track the training/certification requirements for each LE duty position (USMC/Navy), the status of each police officer in relation to those requirements (USMC/Navy); and to schedule officers for duty (USMC/Navy). Army LE Compliance Program requires installations to conduct annual self-assessments and higher headquarters to conduct LE assessments as part of their Organizational Inspection

Program. These compliance programs also help ensure the Services are meeting requirements to submit crime data to the Federal Bureau of Investigation’s criminal justice information systems and databases. Additionally, DHART ensures that Government agencies are operating in accordance with all Federal laws and DoD requirements for such things as submission of crime data to Federal Bureau of Investigation databases like the National Instant Background Check System to help eliminate the ability for current and past service members with criminal records to obtain weapons that could be used in the commission of tragedies.

Base Period: 30 September 2018 – 29 September 2019 Value: $ 1,499,709.86 Option Period 1: 30 September 2019 – 29 September 2020 Value: $ 1,536,689.64 Option Period 2: 30 September 2020 – 29 September 2021 Value: $ 1,574,593.92 FAR Clause 52.217-8 option: 30 September 2021 – 29 March 2022 Value: $ 892,351.54

Total: $ 5,503,344.96

4. Authority Cited: Title III of the Federal Property and Administrative Services Act of 1949 (41U.S.C. 251, et. Seq) and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by FAR 8.405-6 and substantiated by the following:

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.

5. Reason for Authority Cited:

CodeLynx, LLC is the only viable source for meeting the operational, maintenance, cloud hosting, and sustainment mission requirements of the DHART Suite at this time.

CodeLynx, LLC originally designed and developed this software application and has provided all of the life-cycle modifications, operations, maintenance, sustainment, and hosting functions for DHART since the inception of the requirement in 2009. As the original developer, CodeLynx, LLC has an intricate knowledge and understanding of the DHART system and is the only contractor who can currently operate, maintain, and sustain the subject system. CodeLynx, LLC has been the only contractor capable of providing all DHART system requirements for all Government entities utilizing the DHART system. There are currently no other contractors whom have experience with the DHART. While the system is Government owned and hosted on Government servers, the Government has never procured and does not own the system software product specifications and the associated supporting documentation needed to operate and maintain the system. The Government only owns the source code and has unlimited data rights to it with all supporting documentation. The Government has not taken action to purchase the system software product specifications and the associated supporting documentation needed to operate and maintain the system due to the efficiencies of having one team from CodeLynx, LLC provide all of the life-cycle modifications, operations, maintenance, sustainment, and hosting functions for each service using the DHART system.

No feasible alternatives could be identified at this time to fulfill this requirement.

Suspending the use of the DHART suite would be counter-productive and inefficient as it would cause the Services to revert to manual record-keeping of officer training and mapping of requirements to stand watch at each post, creating opportunities for shortfalls in oversight of law enforcement operations. The Services do not have the in-house expertise to perform the services presently provided by CodeLynx, LLC. Furthermore, award of this Task Order to any contractor other than CodeLynx, LLC, would place Army, Navy, and Marine Corps’ law enforcement programs at risk of mission failure in maintaining agency-wide law enforcement officer credential and agency compliance, assurance and accreditation programs, thereby directly impacting military police and law enforcement readiness to protect mission critical assets and to respond to crises and threats to life, health, and, safety on Government installations.

6. Actions to Increase Competition: Currently, no other companies other than CodeLynx, LLC, can provide the required operations and maintenance for the DHART system. CodeLynx, LLC, is the original and sole developer of DHART and is therefore the only coding expert for any system maintenance, modifications, or enhancements required. The Government will continue to conduct market research to ascertain if there are any changes in the marketplace which will enable future actions to be competed.

7. Market Research: Market research was conducted by OPMG technical experts from February through March 2018 to determine the viability and availability of a software system that could support Army, Navy, and Marine Corps law enforcement operations.

The market research included on-line searches for commercially available products, queries to other Government entities that perform similar functions, and an investigation of available products, such as the Acadis Readiness Suite, which only addresses the training and certification of law enforcement officers or students and does not meet the requirement for agency operations as well as compliance assessment and accreditation.

Research also included, among others, reviews of TechTrend’s cloud-hosting services on Microsoft Azure and Digital Cloak’s work on the USMC Total Force Information Technology Solutions, neither of which met the requirements or standards sought in this acquisition. The market research concluded the DHART Software system was the only available product which could meet the needed requirements at this time.

The market research also consisted of ACC-NJ issuing a Request for Information (RFI) to all 3,507 vendors under GSA, FSS 70, Special Item Number (SIN) 132-51, IT Professional Services, from 01 March through 09 March 2018. Nine vendors responded with capability statements. Only one vendor, CodeLynx, LLC, was determined to be fully capable of providing the required DHART software services. While the other eight respondents may provide IT support services for Government or commercial requirements, the eight capability statements submitted did not contain any specifics to DHART functionality, capabilities, concept of operations, or operating environment, of which this effort requires. Overall, most vendors were determined to not fully grasp the fact that the requirements within the Performance Work Statement (PWS) are in support of the items specified for each of the services required under this effort. One vendor, TechTrend, Inc., sought to only provide a cloud hosting service offering; four vendors, Tkacz Engineering, LLC, Aditya and Associates, Xtreme Solutions Inc., and Digital Cloak, LLC, failed to demonstrate the ability to meet the cloud service offering requirements stated in the PWS as well as other various issues which were detailed in the market research report. One vendor, Envisage Technologies, proposed replacing DHART with a completely different system that did not provide the capabilities required and provided by DHART. Sev1Tech, Inc. failed to clearly demonstrate the ability to fulfill the training and cloud hosting requirements in the PWS. Xfinion, Inc., failed to demonstrate an understanding of the background laid out in the PWS which led to an unresponsive submission regarding capability to provide a tool for compliance or accreditation assessments.

Additionally, ACC-NJ issued a RFI to 16 vendors under the Computer Hardware Enterprise Software and Solutions (CHESS) Information Technology Enterprise Solutions-2 Services (ITES 2S) contract vehicle from 01 March until 09 March and received no capability statements in response.

The results of the market research clearly show that there is only one source that can provide support to the DHART software system. This decision is based on CodeLynx, LLC, being the original and sole developer of the DHART System and is therefore the only coding expert for any system maintenance, modifications, or enhancements required, which contain all previously captured data since system deployment.

8. Other Facts:

Procurement History

Contract: GS35F0012V/Task Order W15QKN-14-F-0071 Contractor: CodeLynx, LLC Award Date: 30 September 2014 Competitive Status: Limited Source Justification, FFP, GSA FSS 70, SIN 132-51 Authority: FAR Part 8.405-6(a)(1)(i)(B)

Contract: GS35F0012V/Task Order W15QKN-15-F-0066 Contractor: CodeLynx, LLC Award Date: 30 September 2015 Competitive Status: Limited Source Justification, FFP, GSA FSS 70, SIN 132-51 Authority: FAR Part 8.405-6(a)(1)(i)(B)

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Thomas S. Blair Date: 03 July 2018 Title: Chief, Law Enforcement Division Signature: //Signed//

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Shirley Freelon Date: 06 June 2018 Title: Chief, Resource Management Signature: //Signed//

11. Best Value Determination/Fair and Reasonable Cost Determination: I hereby determine that the order represents the best value to the Government in accordance with FAR 8.405-6(c)(2)(v). Additionally, I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using FAR 15.404-1(b)(2)(iv) by comparison of the proposal to the established GSA FSS 70 labor rates and labor categories. In addition, price analysis shall be conducted by comparing the proposal to the Independent Government Cost Estimate.

Typed Name: Paul G. Lepore Date: 03 July 2018 Title: Contracting Officer Signature: //Signed//

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Paul G. Lepore Date: 03 July 2018 Title: Contracting Officer Signature: //Signed//

Approval

Based on the foregoing justification, I hereby approve the procurement of support for the operations, maintenance, sustainment, and cloud hosting of the Data Housing and Reports Tool (DHART) under Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et Seq.) and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by 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, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

BETH-ANN MENDELL Date: 4 July 2018 Advocate for Competition Army Contracting Command – New Jersey