04.04_JOFOC_VCADS.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

J&A-21-0092

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) in accordance with the requirements of FAR 6.303-1.

The justification for the use of the statutory authority under FAR Subpart 6.302-1 is based on the following facts and rationale required under FAR 6.303-2 as follows.

1. Agency and Contracting Activity.

The U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Acquisition Management, proposes to enter into a contract on behalf of HSI Headquarters, Operational Technology and Cyber Division, Technical Operations Unit (TechOps) on a basis of other than full and open competition.

2. Nature and/or description of the action being approved.

(a) Type of action: Firm-fixed price purchase order

(b) Amount the current J&A is justifying: $1,890,360.68

(c) Brief Description: OAQ intends to procure, on a sole source basis, a services continuity of the existing Video Evidence Collection and Distribution System (VECADS) under contract HSCEMD-14-C-00003, which provides software licenses, hardware and personnel support of the VECADS. The previous VECADS service contract is 70CMSD20P00000039. This action is being taken pursuant to the authority of FAR 6.3.

The vendor listed below is the only company that can provide the required services to ensure no lapse in video collection abilities in advance of the award for the next iteration of the VECADS subsystem.

(d) Anticipated Vendor:

JDL Digital Systems (dba Airship) 15369 NE 90th St Redmond, WA 98052

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

This requirement provides an interim vehicle between the existing contracts for VECADS, which will end April 30, 2021, and the competitive award that will be issued for the next iteration of ICE’s covert video network requirements. A four (4) month service continuity will be the base period, at an estimated total cost of $643,453.55, and eight (8) additional 1-month option periods of support at an estimated total cost of $155,863.39 each will be included ($1,246,907.13 if all options are exercised). The base plus all option period CLINs are estimated to be a total of $1,890,360.68.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

Period Time Price Total Base 4 mos. $643,453.55 $643,453.55 Option Period 1 1 mos. $155,863.39 $155,863.39 Option Period 2 1 mos. $155,863.39 $155,863.39 Option Period 3 1 mos. $155,863.39 $155,863.39 Option Period 4 1 mos. $155,863.39 $155,863.39 Option Period 5 1 mos. $155,863.39 $155,863.39 Option Period 6 1 mos. $155,863.39 $155,863.39 Option Period 7 1 mos. $155,863.39 $155,863.39 Option Period 8 1 mos. $155,863.40 $155,863.40

TOTAL $1,890,360.68

4. Identification of statutory authority permitting other than full and open competition..

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304 as implemented by FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Originally awarded via Contract HSCEMD-14-C-00003 to JDL Digital Systems (dba Airship Industries, Inc.) in 2014, Airship is the sole vendor of the VECADS system owned by ICE HSI, which provides software licenses, hardware support and personnel support of the VECADS subsystem equipment. The current VECADS software is proprietary to Airship and no other vendor is currently authorized or licensed to sell or maintain the software. ICE HSI TechOps requires an extension of support for the current system to ensure no lapse in video collection abilities while HSI reviews its video evidence collection processes and identifies its future requirements.

HSI has conducted market research in support of the VECADS extension, and determined that only Airship can meet the needs of the government as specified in the Statement of Work (SOW). As Airship is the sole proprietor of the current VECADS software, no other vendor can supply the licenses required in order for HSI to continue to employ VECADS.

Additionally, Airship is the only security-cleared vendor who can immediately provide support of the VECADS specific software as needed to support mission. The detailed requirements of the government are listed in the SOW, and no new requirements are being imposed upon the vendor as this will be an extension of the current software licenses, hardware support and personnel support of the VECADS subsystem. Failure to award this requirement will negatively impact mission critical video collection abilities of VECADS to achieve critical investigations. As such, it is in the best interest of the Government to continue receiving the VECADS software from Airship.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

OAQ intends to publicize this requirement as required by subpart 5.2 by posting a notice on Beta.SAM on April 30, 2021.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

HSI received an estimate from the vendor for the total project to be $648,453.55 for four (4) months and the either (eight) option periods at $155,863.40 per month (if exercised), that includes all the software licenses, hardware support and personnel support required to meet the needs of the government as noted in the SOW. The Contracting Officer will conduct price analysis to determine whether the proposed price for the service continuity is fair and reasonable based on comparative historical pricing previously paid for these services, the government’s independent estimate, and published prices for similar commercial services.

8. Description of market research and the results.

Informal market research was conducted utilizing professional technical and historical knowledge of the vendor, system capabilities and the contracts issued in support of the current VECADS service continuity, HSI has determined that only JDL Digital Systems, Inc.

(dba Airship) can meet the needs of the government as specified in the SOW. The current VECADS software is proprietary to Airship, no other vendor can supply the licenses required in order for HSI to continue to employ VECADS. Additionally, Airship is the only currently cleared vendor who can provide support of the VECADS specific software as needed to support mission. While Airship is the only vendor who can provide the components as listed in the SOW, HSI has conducted market research to assist the Contracting Officer with fair and reasonable determination. Market research yielded the anticipated costs to the government to be in line with expectations.

9. Any other facts supporting the justification.

This will be the third and final sole source request associated with the existing VECADS system as the Technial Operation Unit intends to procure and install the new decentralized systems before 09/30/2021 (FY21) and decommission the existing VECADS system by 12/30/2021.

The original VECADS contract was a result of efforts to replace lost capacity because of the Spectrum relocation requirement directed by Commercial Spectrum Enhancement Act of 2004. HSI TechOps is redesigning the VECADS to improve operational capability and reduce costs.

It is anticipated that a new, competitive contract will include a technology solution that includes all software, hardware, warranty support, and onsite installation and training for the new decentralized video evidence collection solution. T his solution will provide a single

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304 point of support to troubleshoot issues with evidence collection, distribution, storage, installation, communication issues, hardware failures, system management, user support, updates, upgrades, and on-site repair. Next generation covert video network system(s) will be standalone systems used to collect surveillance video evidence from a variety of sources during criminal investigations.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

None.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

A request for information (RFI) for the next-generation VECADS system was issued via (then) Federal Business Opportunities (FedBizOpps) Point of Entry on December 5, 2018 to identify other interested parties as well as market capabilities, however, the program’s budget has been curtailed by the Office of Management and Budget, negating the need for a centralized, follow-on VECADS contract. This has forced ICE/HSI to rethink their centralized collection process and opt for a new, decentralized process. It will likely result in individual systems purchased for the various Special Agent in Charge (SAC) field offices and HSI Technical Operations is still conducting market research on that effort. A competitive solicitation is anticipated to be released in FY2021.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

12. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer

6 APR 2021

Date

13. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

14. Approval.

Over $700,000 but not exceeding $13.5 million Date Procuring Activity Advocate for Competition [And any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.]

Digitally signed by LOUIS A

OJEDA

Date: 2021.04.26 07:15:15 -05'00'

DAVID M

STEFONICH

Digitally signed by DAVID M

STEFONICH

Date: 2021.04.26 08:53:46 -04'00'