Sole-Source_JA_Anti-splash_Box-redacted.pdf

Contractor: Millennium Access Control Technology Program/Equipment: Anti-Splash Box

Control Number:

Version –March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: The Joint Detention Group (JDG) requires an additional 115 Anti- Splash Boxes to replace current degraded and missing expeditious (temporary) transfer boxes. Millennium Access Control Technology Inc. recently installed 155 Anti-Splash Boxes are patent specific through Millennium Access Control Technology Inc.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: $

Prepared by: DSN:

JDG S4 OIC Date: 2018/11/30 Email: @mail.mil

Contracting Officer: DSN:

Contracting Officer Date:

Email: @mail.mil

Requirements: COL DSN:

JDG Commander Date: 2018/11/30 Email: .mil@mail.mil

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name:

DSN:

Signature:

Date: 2019.03.20 17:43:54 -04'00'

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Legal Counsel:

Typed Name:

DSN:

Signature:

Special Advocate for Competition:

Typed Name:

DSN:

Signature:

Senior Contracting Official:

Typed Name:

DSN:

Digitally signed by

Date: 2019.03.21 11:04:51 -05'00'

Digitally signed by

Date: 2019.03.26 14:14:35 -05'00'

Date: 2019.03.26 14:14:50 -05'00'

Control Number:

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FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity:

410th Contracting Support Brigade Regional Contracting Center Americas

CCEC-AMF

4130 Stanley Road STE 320 JBSA Fort Sam Houston, TX 78234-2726

2. Description of Action: Joint Detention Group (JDG) requests a Sole Sourced, firm-fixed-price, time-and-materials/labor contract with Millennium Access Control Technology Inc. The Government projects award for April 2019 and fiscal year 2019, funds type Procurement Army 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).

Approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on

(TBD).

The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting approval.

This action is a follow-on to contract W912CL-17-P-0032. That contract was competed under authority 6.302-1(a)(2). Paragraph, “Actions to Increase Competition” of the previous justification, stated: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposal received shall be considered. Those actions were accomplished by posting the award notice on FBO.gov.

3. Description of Purchase and Installation: The estimated value of this effort is

. The Joint Detention Group is converting 115 cell doors within the Joint- Task Force Guantanamo Bay, Cuba detention facilities with Anti-Splash Access Control Boxes. A total of 115 Anti-splash boxes, with installation, is required in order to support Safe, Humane, and Legal detention operations. The 115 needed will be an addition to the 155 Anti-splash boxes which are currently installed, (providing uniformity and positive key control). Currently the Anti-splash boxes are to be utilized as a part of JDG standard operating procedures (SOP’s) within the facilities which support safe (security) and sanitary conditions and interactions between the guard force and the detainees. The JTF-GTMO/JDG is requesting 115 of their detention doors to be retrofitted with anti-splash boxes to prevent unsafe and unsanitary interactions with detainees. These boxes will need to be delivered to the detention camps at Naval Station Guantanamo Bay and installed on the doors. The boxes will need to be welded on to the doors over existing access ports. These boxes will provide a secondary port access door to prevent detainees from accessing guard forces. The supplier must be able to fabricate the anti-splash boxes, ship them to NSGB, and install them on the doors. The supplier must meet all NSGB shipping requirements.

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4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5.

5. Reason for Authority Cited:

(a) The 115 Anti-splash boxes required are patented by Millennium Access Control Technology Inc. and are specific to the previous contract with Millennium Access Control Technology Inc. for the 155 splash boxes currently installed within multiple facilities. The equipment requires specific locking and key access of three (3) Para centric Detention locks with skeleton key in order to maintain key control and continuity. Each system is specific to a center mount design for hinged removable Lexan covered food box, with a stainless steel frame and sliding door with integral ratchet mechanism, and mounting hardware. The equipment is also standardized and authored within JDG SOP’s and best practices identified by the American Correctional Association.

Millennium Access Control Technology Inc. is the only company which can support this type of equipment. Only Millennium holds the patent, Patent Numbers are US 6,302,325 B1 / US 6,817,481 B2 / US 6,598,546 B2 / US 9,016,558 B2, and can manufacture PAC Anti Splash Boxes model # 100 and 200.

Millennium PAC boxes are the only design which prevents splashing of the guard force in the GTMO detention facilities and are currently patented.

Currently Millennium Access Control Technology Inc. has the patent on the equipment needed. The patented access control system is a registered patented item recognized under federal patent laws. Any attempt to duplicate the patented access control system or another unit of similar design and function without the patent holder’s permission is a violation of Federal Law.

Attempts in the past for other contractors to modify their existing box designs resulted in patent infringement and cancellation of procurement attempts.

Contract W91WRZ-15-P-0005 resulted in a cancellation due to patent infringement.

(b) Alternatives: Install substandard splash box designs that do not serve to protect detention guards. This would result in a waste of taxpayers’ funds and would not be an effective design to protect detention guards against detainee splashing.

(c) Address the following as applicable.

1) GTMO currently does not have effective splash boxes and require 115 boxes to make operations safer for detention guards when transferring detainees and issuing food.

2) Millennium holds the patent for the MPACS anti-splash box and is the only solution that solves the safety issue for detainee guard.

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6. Efforts to Obtain Competition: The 410th CSB Contract Specialist, , telephoned Millennium. enquired whether Millennium had any agreements with any resellers or plans to make agreements with potential resellers. Millennium stated they had no existing agreements or plans to enter any agreements to allow resellers to distribute the MPACS anti-splash box. Millennium reiterated they are the sole provider of the MPACS box.

A Sources Sought notice was posted to FBO.gov on 12 Feb 2019 describing the government’s need for anti-splash boxes. The description included photographs of the current inadequate contingency anti-splash boxes and a written description of what is required to keep the detainees and staff safe. The Sources Sought remained active for 15 days. No potential sources identified themselves to the listed points of contact or on the FBO posting.

The sole source justification will be posted to FBO.gov prior to contract award to inform industry of the Government intent to award the anti-splash boxes as other than full and open competition. If other vendors are identified as capable of preforming the work, the Government will evaluate their quote(s).

7. Actions to Increase Competition: This anti-splash box is patented by Millennium;

the patent expires in October 2031. The government will remain in a sole-source environment for this anti-splash box until expiration of the patent.

To increase competition, the only recourse available to the government is to publish a Sources Sought notice on FBO.gov before any future purchase in hopes of generating a bid/proposal from a vendor with a similar product that does not infringe on Millennium’s patent. The government shall also publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

8. Market Research: of GTMO compiled the initial market research that revealed Millennium PACS boxes met the requirement. Past procurement attempts revealed a patent held by Millennium and attempts by a past contractor to make a similar design resulted in patent infringement. No other solutions exist until patent expiration.

The 410th CSB Contract Specialist, , performed internet searches but found no viable alternative to the MPACS anti-splash box.

9. Other Facts:

a. Procurement History

(1) W91WRZ-15-P-0005 Cancelled due to patent infringement.

(2) W912CL-17-P-0032 awarded to Millennium Access Control Technology Inc.

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10. 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:

Title: JDG S4

Signature:

11. 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:

Title: JDG S4

Signature:

Digitally signed by

Date: 2019.03.17 01:12:49 -04'00'

Date: 2019.03.17 01:13:33 -04'00'

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12. Fair and Reasonable Cost Determination: 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 the following: price analysis cost analysis IGCE audit: other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

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

Typed Name:

Title: Contracting Officer

Signature:

Date: 2019.03.21 10:45:43 -05'00'

Control Number:

Version – March 2017 FOR OFFICIAL USE ONLY

Approval Based on the foregoing justification, I hereby approve the procurement of anti-splash boxes on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Special Competition Advocate

Date: 2019.03.26 14:15:07 -05'00'