Redacted_TCIU_FAR_Part8-LSJ_.pdf

Control No:

Contractor: CRSA, LLC

Program/Equipment: Investigative Information Management System-Second Generation

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR 8.405-6 LIMITED SOURCES JUSTIFICATION

UNDER THE GENERAL SERVICES ADMINISTRATION

FEDERAL SUPPLY PROGRAM

Program/Equipment: Operation, Maintenance, and Sustainment of the Terrorism and

Criminal Investigation Unit Investigative Information Management System Next Generation (I2G) Software System.

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: $5,422,130.11

Prepared by: James J. Martin DSN: 562-6653 Contract Specialist Date: 21 March 2019 Email: james.j.martin3.civ@mail.mil

Contracting Officer: Bradley R. Borek DSN: 562-3390 Contracting Officer Date: 21 March 2019 Email: bradley.r.borek.civ@mail.mil

Technical: Martin A. Ryan DSN: 805-2074 Deputy Director, TCIU Date: 22 March 2019 Email: martin.a.ryan.civ@mail.mil

Requirements: Dan McElroy DSN: 805-1145 Director, TCIU Date: 22 March 2019 Email: dan.mcelroy.civ@mail.mil

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

Program Manager:

Typed Name: John Gueli

DSN: 805-2694

Signature: //Signed// Date: 22 March 2019

Group Manager:

Typed Name: Kenneth A. MacFarlane

DSN: 562-7268

Signature: //Signed// Date: 26 March 2019

Center Director:

Typed Name: Alex J. Matejka

DSN: 562-2631

Signature: //signed// Date: 2 April 2019

Legal Counsel:

Typed Name:

DSN:

Signature: Date:

Deputy Director:

Typed Name: Suzanne M. Anderson

DSN: 562-3844

Signature: Date:

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 U.S. Army Criminal Investigation Command (USACIDC), Terrorism and Criminal Investigation Unit (TCIU) requests a new firm-fixed-price task order under the General Services Administration (GSA), Federal Supply Schedule (FSS) Program, with CSRA, LLC (a unit of General Dynamics Information Technology, Inc.), 3170 Fairview Park Drive, Falls Church, Virginia 22042. The Government will execute this action against FSS contract GS-35F-393CA. Projected award is July 2019 and fiscal year 2019 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: The proposed action is to obtain life-cycle upgrades, modifications, enhancements, and maintenance for the Investigative Information Management System-Second Generation (I2G) Software System. I2G is utilized by TCIU to track, maintain, and index collected classified historical investigative and intelligence information regarding current and former detainees, in addition to ongoing classified investigations case information. I2G serves as a Law Enforcement Database of Record and is the only classified case information source utilized by the USACIDC, Office of Military Commissions (OMC)/Office of the Chief Prosecutor (OCP), and TCIU.

The I2G Software System contains over 16 years’ worth of extensive historical and statistical data with intimate details of subjects and networks of identified persons. The I2G system is also the means by which USACIDC complies with required, court-ordered maintenance of data related to detainees at Guantanamo Bay. Three preservation orders (by Judge Gladys Kessler 7 March 2005, by Judge Richard Roberts 18 July 2005, and by Judge Royce Lamberth 28 December 2016), none of which have expiration dates, direct the preservation of information and data related to all detainees at Guantanamo Bay. The information preserved under these orders, which is in the possession of USACIDC, has been and continues to be maintained in the I2G system.

Estimated costs are as follows:

Base Period: 29 July 2019 – 28 July 2020 Value: $1,521,729.66 Option Period 1: 29 July 2020 – 28 July 2021 Value: $1,534,744.81 Option Period 2: 29 July 2021 – 28 July 2022 Value: $1,577,103.76 FAR Clause 52.217-8 option: 29 July 2022 – 28 January 2023 Value: $ 788,551.88 Total: $5,422,130.11

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 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: CSRA, LLC is the only viable source for meeting the operational, maintenance, and sustainment mission requirements of the I2G software system at this time. Computer Sciences Corporation Government Solutions, LLC, now known as CSRA, LLC, designed and developed the I2G software application and has provided all of the life-cycle actions to date. As the original developer of the I2G system, CSRA, LLC has an intricate knowledge and understanding of the system and asserts intellectual property and software rights to upgrade, modify, enhance and maintain the application. CSRA, LLC is the only contractor capable of providing all I2G system requirements as they are the sole owner of the I2G software, and do not have affiliations or agreements in place with any other vendors for the operation, maintenance, and sustainment of I2G.

Suspending the use of I2G would be counter-productive and inefficient as doing so would have a detrimental impact in TCIU’s mission and support to the OMC, OCP, Federal Bureau of Investigation, and all ongoing investigative activity. TCIU does not have the in-house expertise to perform the services presently provided by CSRA, LLC in support of the I2G system. Furthermore, award of this task order to any contractor other than CSRA, LLC, would place the TCIU at risk of mission failure due to the inability to track and maintain critical investigative and intelligence information through the collection of raw criminal information, case investigative entries, centralized analysis of criminal activity, and other related classified case management data tasks. Any loss of data during a potential data transfer and migration to a new system would equal mission failure and pose serious risk to the integrity of the legal cases supported by the stored information. Moreover, should a Federal court ever order the Department of Defense (DoD) to produce retained information related to detainees, TCIU must be able to promptly respond with that information.

Deploying a new alternative investigative information management system would cost an estimated $4,800,000.00 for the first year alone. It is estimated that the effort of transferring the existing 200 gigabytes of I2G data to a new system and being able to re-acquire the ability to search that data with the current functionality, would be in excess of 38,400 labor hours alone. These labor hours are comprised of approximately 20 personnel consisting of Developers, Data Specialists, Quality Assurance, System Administrators and Programmers because the I2G system operates on Oracle and most

Army systems run on Microsoft Structured Query Language (MS-SQL). Transition from the current Oracle-based I2G system would be unlikely to occur successfully without interruption to TCIU’s mission, loss of confidence in data integrity, and un-interrupted compliance with judicial preservation orders. An alternative software solution would also require accessing proprietary I2G software maintenance and technical support in order to successfully execute a transition and data transfer without data loss or corruption.

6. Actions to Increase Competition: Currently, no other companies other than CSRA, LLC, can provide for the required life-cycle upgrades, modifications, enhancements, and maintenance for the I2G system. CSRA, LLC, is the original and sole developer of I2G 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 TCIU technical experts from November 2018 through January 2019 to determine the viability and availability in obtaining support for the operations, maintenance, and sustainment of the I2G system.

This research consisted of reviews of current TCIU requirements and online research of various websites pertaining to investigative software, case management, and knowledge management expertise. TCIU considered criteria such as managing multiple projects simultaneously; caseload management compliance; demonstrated ability and experience with DoD security and handling Top Secret/Secret Compartmented Information, Alternate Compensatory Control Measures, Portal and Web Initiatives Administrator and Special Access Programs information. Two companies researched were LEIDOS, Inc.

(LEIDOS), and Booz Allen Hamilton, Inc. (BAH). While both LEIDOS and BAH provide IT support services expertise in support of a wide range of Government requirements, only CSRA, LLC, owner of the intellectual property software rights of I2G, is the only contractor capable of meeting the Government’s requirements at this time.

Market research also consisted of ACC-NJ issuing a Request for Information (RFI) to all 3,602 vendors under GSA, FSS 70, Special Item Number (SIN) 132-51, IT Professional Services, from 30 October 2018 through 09 November 2018. Two vendors responded with capability statements. Only one vendor, CSRA, LLC, was determined to be fully capable of providing the required services. While the other respondent, Intelligence Operations Integral Consulting Services, Inc., may provide IT support services for other Government requirements, the capability statement that they submitted did not contain any specifics to I2G functionality, capabilities, concept of operations, operating environment, or include any documentation describing an affiliation or agreement with CSRA, LLC, which would imply that they were capable of providing support for modifications, operations, maintenance, enhancements, or sustainment of the I2G system.

ACC-NJ also issued a RFI on the Federal Business Opportunities website from 30 October 2018 through 14 November 2018. Four vendors, Tesla Government, Inc., Strategic Operational Solutions, Inc., iBASEt Federal Services, LLC, and Nationwide IT Services, Inc., responded with capability statements. Although these vendors may provide IT support services for Government requirements, none of the capability statements submitted contained any specifics to I2G functionality, capabilities, concept of operations, operating environment, or include any documentation describing an affiliation or agreement with CSRA, LLC, which would render them capable of providing for modifications, operations, maintenance, enhancements, or sustainment of the I2G system.

In addition, ACC-NJ also issued RFI’s to all 17 vendors on the Computer Hardware Enterprise Software and Solutions (CHESS) Information Technology Enterprise Solutions (ITES)-3 Hardware (3H) contract vehicle and to all three vendors on the CHESS ITES-Software (SW) contract vehicle from 08 November 2018 through 14 November 2018. None of the CHESS vendors responded to either of the RFI’s that were issued.

The results of the market research clearly show that there is only one source that can provide for operation, maintenance, and sustainment of the I2G software system in support of TCIU. This decision is based on CSRA, LLC, being the original and sole developer of I2G and is therefore the only coding expert for any upgrades, modifications, enhancements, and maintenance required, which contain all previously captured data since system deployment.

8. Other Facts:

a. Procurement History:

Contract GS35F393CA/Task Order W15QKN-16-F-0049 Contractor: Computer Sciences Corporation Government Solutions, LLC (now known as CSRA, LLC) Award Date: 29 July 2016 through 28 July 2019 Competitive Status: Full and Open

Contract GS35F4381G/Task Order GST1113BJ0021 Contractor: Computer Sciences Corporation Government Solutions, LLC (now known as CSRA, LLC) Award Date: 28 March 2013 through 27 July 2016 Competitive Status: Full and Open

Contract GS35F4381G/Task Order NP210009092G Contractor: Computer Sciences Corporation Government Solutions, LLC (now known as CSRA, LLC) Award Date: 29 September 2009 through 27 March 2013 Competitive Status: Full and Open

b. Although the last three awarded Task Orders were competed on GSA using Full and Open Competition procedures, Computer Sciences Corporation Government Solutions, LLC (now known as CSRA, LLC) has been the only vendor to propose to each respective solicitation as the company does not have affiliations or agreements with any other vendor that would allow for upgrades, modifications, enhancements and maintenance of the I2G system.

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: Martin A. Ryan Date: 22 March 2019 Title: Deputy Director, TCIU 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: Dan McElroy Date: 22 March 2019 Title: Director, TCIU 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 based upon 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 Estimate.

Typed Name: Bradley R. Borek Date: 21 March 2019 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: Bradley R. Borek Date: 21 March 2019 Title: Contracting Officer Signature: //Signed//

Approval

Based on the foregoing justification, I hereby approve the procurement for operations, maintenance, and sustainment of the I2G software system in the amount of $5,422,130.11 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:

Advocate for Competition Army Contracting Command – New Jersey