Description
1. Contracting Activity. Washington Headquarters Services Acquisition and Procurement Office Professional Services and Studies Division 1700 North Moore Street, Suite 1425 Arlington, VA 22209 2. Description of the Action. Congress passed the Military Commissions Act of 2006 (and subsequently the Military Commissions Act of 2009) to provide a legal basis for prosecuting detainees at Guantanamo Bay by military commissions for violations of the law of war. Hundreds of alleged terrorists were transferred to the detention facility at Guantanamo Bay. To successfully try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commissions, the Office of Military Commissions (OMC) requires a qualified contractor to provide court room technology support services. This support includes qualified court room technology staff to operate, maintain, and advise on court room technology installed at OMC court rooms in Guantanamo Bay, Cuba. The predominant clearance level of the above services is Top Secret-Sensitive Compartmented Information (TS-SCI). Performance of these services will take place in Washington, DC and at the Naval Base in Guantanamo Bay, Cuba. Pursuant to Federal statute, OMC is responsible for the trial of detainees held at Guantanamo Bay who are charged with serious criminal offenses. These trials are a matter of national importance, and defendants must be brought to trial. 3. Description of the Required Supplies/Services. The Court Room XXI system must have a highly qualified Broadcast Audio/Video Engineer, Audio/Video System Design and Audio/Video Operator/Installer to operate and maintain the Courtroom XXI legal technology system installed at the Expeditionary Legal Complexes at Guantanamo Bay, Cuba. The system is a complex fully integrated electronics system consisting of video teleconference equipment, audio recording technology, broadcasting equipment, integrated capture capability, translation services, evidence capturing equipment and an array of IR headphones that provide translation capability in five different languages. All of these services are fully integrated into server suites/control room that integrate the system into a single operator maintained Court Room XXI system. This contract provides service to maintain and operate the Court Room XXI system for a base year from February 2011 to February 2012 and one option year. This period of performance is needed in order to ensure the continued functioning of the systems in the event OMC is presented with trials. The majority of the work to be preformed will be in the area of emergency assistance for the resolution of technical issues experienced with the existing technical courtroom system. OMC requires these expert services and the highest confidence to know that any failure in courtroom operations will be immediately resolved with minimal disruption to court proceedings. The two courtrooms in Guantanamo are the only courtroom of their kind in the world. Delays in court proceedings due to system down time will cause significant costs to the Government for contractors and personnel to be on standby. The courtroom has SCIFed accreditation, technical issues could jeopardize the continued accreditation of this facility with the regulatory agencies which set strict requirements for its continued SCIF accreditation Currently, the courtroom systems comply with all Defense Intelligence Agency (DIA) requirements for SCIF accreditation. 4. Justification for Other than Full and Open Competition OMC has a "no fail" mission. Currently, there is only one entity that can ensure the continuous and flawless operation of the Courtroom XXI equipment. That entity is the Center for Legal and Court Technology (CLCT) at the William and Mary Law School. CLCT previously planned, the hardware and software architecture, installed, and operated and maintained the two Courtroom XXI systems in Guantanamo. CLCT previously operated the two unique systems that OMC owns. Due to the "no fail" mission of OMC and their unequalled knowledge of the OMC Courtroom XXI system, CLCT is the only entity to award this contract to at this time. If CLCT is not awarded this contract, the Courtroom XXI system may experience technical issue(s) or failure that another vendor will not be able to immediately fix due to their inexperience with the Courtroom XXI system. Most importantly, delays in a trial may result in unnecessary costs incurred by the Government. Deep substantive understandings of this unique courtroom and the unique security challenges are a necessity. 5. Estimated Dollar Value: The estimated total dollar value of the base year contract is not to exceed $200,000, but if option period one is required and exercised, may approach but not exceed $400,000. 6. Statutory Authority: 10 U.S.C. 2304(c)(3) and FAR 6.302-3, Industrial mobilization; engineering, developmental, or research capability; or expert services. 7. Demonstration of the Proposed Contractors Unique Qualifications: This uninterrupted service is required to ensure the provision of efficient and effective trial proceedings. Given the high visibility of Commissions trials, past experience, on-going knowledge of real world concerns, and expert consulting services only CLCT of the College of William and Mary's Law School possesses the integrated history of the systems design for the courtroom in Guantanamo Bay, Cuba to provide the necessary emergency assistance for the resolution of technical issues experienced with the existing technical courtroom system. OMC requires a contractor for assurance that any failure in courtroom presentations and operations will be immediately resolved with minimal disruption to court proceedings. The combine knowledge and proprietary expertise of CLCT of the College of William and Mary's Law School make them uniquely qualified to meet this Government requirement. Currently, they are the incumbent that developed and is supporting this endeavor and this logical follow-on contract will ensure uninterrupted services with any future trial proceedings. 8. Description of Efforts Made to Provide for Future Competition: The period for the sole source has been limited to the shortest possible duration required to complete the tasks specified above. It is anticipated that the base year is sufficient to accomplish the stated goals and potentially gain the expertise within the Government. 9. Determination of Fair and Reasonable Cost: WHS A&PO will determine Price Fairness and Reasonableness by reviewing the contractor's price proposal in accordance with procedures for negotiations with a nonprofit educational institution. Additionally, market research will be conducted to compare labor rates with comparable rates held by Federal Schedule holders, other public pricing information available and historical pricing. 10. Description of Market Research Conducted: The anticipated award will be made to a nonprofit educational institution that possess the proprietary knowledge and expertise through creating the hardware and software architecture of the existing courtroom systems. A dynamic web search for competition for Courtroom XXI yielded negative results that could possibly offer a similar court support solution for OMC at this time. The market research resulted in articles highlighting William and Mary as being on the cutting edge of virtual courtroom research and systems. CLCT at the William and Mary Law School is the only viable source that posses the expertise necessary to support OMC. Bringing another contractor out to GITMO that is not familiar with the Courtroom XXI system would be detrimental at this point. Although other contractors have the necessary and the appropriate clearances; having them on board would be costly and a duplication of efforts. The immediate need requires someone on standby with the necessary knowledge to alleviate downtime as related to court technology and unique GTMO issues and to help keep the system running and current. 11. Other Facts Supporting this Acquisition: In the event the courtroom is not fully operable, trials will not be conducted in a timely manner and can potentially lead to dismissal, which could result in the release of potentially dangerous individuals and would pose a threat to the security of the United States and its citizens.