1.5.1-Posted-REDACTED-JA-for-Commercial-Acquisitions (9.18) Lafayette Polygraph Equipment- FINAL.pdf

Attachment 3 U.S. Customs and Border Protection

Justification and Approval (J&A) for Commercial Products and Services Acquisitions Using RFO 12.201-1 Simplified Procedures Exceeding the SAT but Not Greater Than $9M – RFO

12.102

March 2026

Date: 9/18/2026 PR Number: 20157428

JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

Simplified Procedures for Commercial Products and Services 41 U.S.C. 1901

1. Agency and Contracting Activity. The U.S. Department of Homeland Security, U.S.

Customs and Border Protection, Office of Acquisition proposes to enter into a contract on a basis other than full and open competition using simplified procedures in accordance with Federal Acquisition Regulation (FAR) 12.201-1, FAR Class Deviation 25-21 R1 for FAR Part 12, and 41 U.S.C. 1901.1

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

(a) Nature of action.

The CBP Office of Professional Responsibility, Credibility Assessment Division (CAD), has a requirement, on a sole source basis, for a firm fixed price contract to acquire Lafayette LX7 Computerized Polygraph systems and associated accessories. These systems include the Data Acquisition System (DAS box), proprietary software, and necessary peripherals used to administer polygraph examinations and other credibility assessment methodologies for all new and current law enforcement officer applicants, as well as for other investigative and counter-intelligence missions. The Lafayette LX7 and its accessories are essential for CAD’s operational needs, and only Lafayette Instrument Company, Inc. is capable of providing the required equipment and compatible components. This procurement will ensure CAD maintains the ability to conduct polygraph examinations critical to CBP’s personnel vetting and investigative functions.

(b) Name(s) and address(es) of the contractor(s).

Lafayette Instrument Company, Inc.

3700 Sagamore Parkway North Lafayette, IN 47904

UEI# MVBQJL4JQ6G1

1 In this document, citations to RFO Parts 5, 10, 12, and 25 are citations specifically to FAR Class Deviation 25-17 for FAR Part 5, FAR Class Deviation 25-06 for FAR Part 10, FAR Class Deviation 25-21 R1 for FAR Part 12, and FAR Class Deviation 26-09 R1 for FAR Part 25, which were issued as part of the Revolutionary FAR Overhaul (RFO), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

(c) Contract type. Firm Fixed Unit Price

(d) Estimated total value and period of performance, including options.

Performance Period Quantity

Total

Base Period (Total) 6 mo. 140 $

(e) Type of funding. Annual Operations and Support funds.

(f) Year of funding. Fiscal Year 2026.

(g) Solicitation number. 70B06C26R00000142

(h) Background information about the requirement. U.S. Customs and Border Protection (CBP) has utilized Lafayette Instrument Company polygraph equipment since the inception of its polygraph program in 2008. Over the past 18 years, Lafayette has served as CBP’s standardized equipment platform supporting CBP’s polygraph operations, examiner training, quality-control processes, technical support, and equipment lifecycle management.

The Credibility Assessment Division (CAD) requires continued use of Lafayette Instrument Company polygraph equipment to maintain standardization, interoperability, and continuity across its polygraph program. The existing CBP-owned Lafayette products to be maintained under this PO were previously awarded under another Delivery Order 70B06C21F00001554, which was awarded against Indefinite Delivery Indefinite Quantity (IDIQ) contract, 70B06C19D00000075, which was awarded on September 27, 2019 and ended on September 26, 2022

Additionally, all contractor examiners under CBP’s polygraph examination Blanket Purchase Agreement 70B06C23A00000069 for polygraph support services are required to utilize Lafayette polygraph equipment under Task Order 70B06C26F00000401, which was issued against the BPA for FY26 through FY27. The BPA was competitively awarded, and its final ordering period runs through September 2028.

3. Description of Supplies/Services.

The Contractor shall furnish polygraph equipment as a complete system or package, a total quantity of 140 Lafayette LX7 Computerized Polygraph systems and associated accessories.

Each system includes all necessary compatible peripheral equipment required to conduct polygraph examinations. These systems include the Data Acquisition System (DAS box), proprietary software, maintenance services, system upgrades, and necessary peripherals.

The technical capabilities of the polygraph system must comply with American Society for Testing and Material (ASTM) industry standards and must be fully compatible with the Credibility Assessment Division’s (CAD) existing Lafayette Instruments polygraph systems.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

In addition, the Contractor shall provide maintenance, repair, and replacement services for their proprietary equipment. Each Data Acquisition System (DAS box) includes a five-year warranty with Tier 1 level support, and the cost per unit is inclusive of maintenance support.

This ensures CAD’s polygraph systems remain operational and effective for personnel vetting, investigative, and counter-intelligence missions.

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. 1901.

This acquisition is using simplified procedures as authorized and implemented by RFO 12.102(b).

5. Identification of Exception to the Buy American Statute.

There are no exceptions to the Buy American Statute

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires restricting competition.

(a) Rationale for restricting competition, based on the proposed contractor’s qualifications or the nature of the procurement;

Lafayette Instrument Company, Inc. is the only source capable of providing the required LX7 Computerized Polygraph systems and associated accessories that will maintain compatibility, standardization, and operational continuity across CBP’s Credibility Assessment Division’s national polygraph program. Lafayette Instrument Company, Inc. is the sole manufacturer, seller, distributor, and service provider for the Lafayette LX7 Computerized Polygraph system, associated proprietary software, Data Acquisition System boxes, accessories, maintenance, upgrades, and technical support.

CAD’s polygraph program must operate as a standardized, interoperable system across both federal and contractor examiners. Contractor examiners under the Capital Center for Credibility Assessment Corporation polygraph support contract currently use 54 Lafayette Data Acquisition System boxes that will remain in operational use. Those systems must remain compatible with the equipment used by CBP federal examiners to ensure consistent examination administration, chart display and review, data collection, quality control evaluation, and operational workflow.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

Use of a different manufacturer’s platform would introduce non-interoperable equipment and software into the same applicant processing and quality control environment. This would create unacceptable risks to consistency, data reliability, examiner proficiency, supervisory review, and mission continuity. Continued use of Lafayette equipment is necessary to preserve a single standardized platform across federal and contractor examiners and to avoid duplicative costs associated with replacing the contractor-operated Lafayette systems, retraining personnel, revising procedures, and operating parallel systems.

CAD’s national polygraph program is standardized around Lafayette hardware and software. Federal and contractor examiners have been trained and have developed proficiency using Lafayette systems, and CAD’s examination procedures, software environment, accessories, troubleshooting practices, supervisory review, and quality control processes are established around the Lafayette platform. CAD requires consistency in the collection, display, review, storage, and quality control evaluation of polygraph data across its national program. This standardization is particularly important because examinations are conducted by both federal and contractor examiners and may require supervisory review, quality control assessment, or continuation across examiner groups. C3A contractor examiners currently use 54 Lafayette Data Acquisition System boxes that will remain in operational use. The equipment used by CBP federal examiners must remain compatible with those contractor-operated Lafayette systems to preserve continuity, consistency, and reliability throughout the examination process.

In addition, CAD federal examiners receive polygraph examiner training at the National Center for Credibility Assessment (NCCA), where training is conducted using Lafayette polygraph equipment. CAD examiners therefore enter CBP operational service trained and proficient on the Lafayette platform. Continued use of Lafayette equipment preserves continuity between NCCA training, CBP field operations, supervisory review, troubleshooting, and quality control processes. Use of another manufacturer’s platform would require additional equipment-specific training, revised procedures, and a transition period that would disrupt productivity and increase operational risk.

Operational Compatibility: Polygraph examinations conducted by CBP federal examiners and contractor examiners must remain compatible within a single standardized polygraph platform. C3A contractor examiners currently use 54 Lafayette Data Acquisition System boxes that will remain in operational use. The equipment used by CBP federal examiners must be compatible with those contractor-operated Lafayette systems to ensure consistent examination administration, data collection, chart display, review, storage, and quality control evaluation.

Operational Workflow: C3A examiners are contractually required to perform up to two polygraph examinations per applicant under a Firm Fixed Unit Price structure. If

Justification and Approval (J&A) for Commercial Products and Services Acquisitions a third examination is required, the applicant is transferred from C3A to a CBP federal examiner. Because applicant examinations may involve both contractor and federal examiner workflows, use of a common Lafayette platform is necessary to preserve continuity, consistency, and reliability throughout the examination process.

Standardization Requirement: CAD requires a single standardized polygraph platform across federal and contractor examiners to maintain testing integrity, examiner proficiency, supervisory review, and quality control consistency. Use of different manufacturers’ platforms would introduce non-interoperable software, equipment, accessories, data formats, and review processes, increasing the risk of inconsistent data collection, chart interpretation, and quality control evaluation.

Equipment Mandate: Lafayette equipment is required to maintain compatibility with C3A’s existing 54 Lafayette Data Acquisition System boxes and to preserve CAD’s standardized polygraph processes. Lafayette Instrument Company, Inc. is the sole manufacturer, seller, distributor, and service provider for the required LX7 systems, proprietary software, accessories, maintenance, upgrades, repair, replacement, and technical support. As a result, Lafayette equipment is required for CBP’s polygraph program to maintain uniformity across federal and contractor examinations.

(b) Details covering what events lead to the situation requiring use of other than full and open competition including whether any portion of the work can be segregated to allow for competition;

CBP requires service and maintenance to existing polygraph equipment and there are no other authorized service providers capable of providing this service.

(c) Summarize alternatives considered and why they will not work; and

CBP considered whether the requirement could be competed by allowing other manufacturers’ polygraph platforms. This alternative will not meet the Government’s minimum needs because CAD requires a standardized and compatible polygraph platform across both federal and contractor examiners. C3A’s 54 Lafayette Data Acquisition System boxes will remain in operational use under CBP’s polygraph support contract. Introducing a non-Lafayette platform into CAD’s federal examiner environment would create incompatibility between federal and contractor examiner equipment, software, accessories, data collection, chart display, review procedures, and quality control processes.

CBP also considered whether the contractor-operated Lafayette equipment could be replaced or transitioned to another manufacturer’s platform. This alternative is not practicable or cost effective. replacement of the 54 C3A Lafayette boxes would result in an estimated duplicative equipment cost of approximately $483,840, before accounting for additional transition costs associated with training, software and hardware implementation, revised quality control procedures, technical support, accessories, supervisory oversight, and reduced productivity during transition. These costs would not provide a

Justification and Approval (J&A) for Commercial Products and Services Acquisitions corresponding mission benefit because the Lafayette platform currently meets CAD’s operational needs and supports required program standardization.

CBP further considered whether CAD could operate two polygraph platforms simultaneously.

This alternative is not acceptable because it would introduce non-interoperable systems into a national polygraph program that depends on consistent examination administration, data collection, chart display, supervisory review, and quality control evaluation. Dual platforms would increase cost, complexity, training requirements, supervisory oversight, and operational risk. Dual platforms would also create challenges when applicant examinations require review, continuation, or quality control assessment across federal and contractor examiner groups.

CBP also considered whether portions of the requirement could be segregated for competition, such as accessories, software, maintenance, repair, upgrades, or technical support. This alternative is not practicable because Lafayette equipment, software, accessories, maintenance, upgrades, and technical support are proprietary to Lafayette Instrument Company, Inc. Market research confirmed that Lafayette is the sole manufacturer, seller, distributor, and service provider for the required equipment and associated support, and that there are no authorized resellers or third-party service providers capable of meeting CBP’s compatibility and standardization requirements.

Accordingly, modifying the requirement to allow another manufacturer’s platform, replacing the contractor-operated Lafayette equipment, operating dual platforms, or segregating portions of the requirement for competition would not meet CBP’s minimum needs. These alternatives would result in incompatibility with the existing C3A Lafayette equipment, loss of standardization, increased cost, reduced productivity, increased supervisory workload, quality control risk, and unacceptable disruption to CBP’s hiring, vetting, investigative, and counter-intelligence missions.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

CBP’s polygraph examiners and its contractor examiners are all expertly trained to use the Lafayette equipment. Because CAD examiners are trained on Lafayette equipment at NCCA before performing CBP examinations, introduction of a different manufacturer’s equipment would create a training gap and require additional equipment-specific training before examiners could use the new platform effectively in operational settings.

Introducing new equipment would result in downtime and mission delays which directly conflict with CBP’s ability to meet its hiring mandates. Given the sustained high operational tempo currently experienced by CAD, transitioning to a different polygraph platform is not operationally feasible without adversely affecting mission execution. A platform change would require examiner re-training, implementation of a new software and hardware, revised technical support and quality control procedures, and a period of dual-system operation or reduced productivity during the transition. These requirements

Justification and Approval (J&A) for Commercial Products and Services Acquisitions would place additional demands on an already high-tempo operational environment and could disrupt examination throughput and mission continuity.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality

N/A- There is no exception to the Buy American Statute.

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

Even where the agency has a basis to conduct a noncompetitive procurement, it is still required to promote competition to the maximum extent practicable under the circumstances.

This section should include the following information:

(a) If an announcement of the proposed contract action has already been made in SAM.gov, provide the date of publication; or

The Notice of Intent to Sole Source was posted on SAM.gov on August 5th, 2026. No capability statements were submitted in response to this notification.

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

The contracting officer determines that the anticipated total price of $ will be fair and reasonable based on Lafayette Instrument Company’s commercial pricelist, prior CBP acquisition history, and invoices to other federal and commercial customers for the same or similar equipment and maintenance services. The vendor offers warranties and technical support as part of the purchase, further supporting price reasonableness.

9. Description of market research.

(a) Describe the market research techniques utilized, the specific results of the market research, the date when the market research was conducted, and how the market research was used by the contracting officer to determine anticipated price reasonableness.

Market research was performed from January 2026 through July 2026. The internet was searched for a list of contractors that would be able to provide the Lafayette polygraph equipment, maintenance, and peripherals or compatible equipment, maintenance, and

Justification and Approval (J&A) for Commercial Products and Services Acquisitions peripherals that would function satisfactorily with CBP’s existing Lafayette equipment. The market research showed that only Lafayette is able to provide the equipment, maintenance, upgrades, and peripherals and there are no other authorized distributors, service providers, or resellers but the manufacturer. Price lists for Lafayette and other contractors that provide polygraph equipment were reviewed to assist with making the price reasonableness determination.

(b) Describe the market research results that support the determination that the items are nonavailable (Section is required to be completed when the J&A includes the exception listed under RFO FAR 25.103(b)(2) or RFO FAR 25.202(a)(2)).

CBP conducted market research by reviewing polygraph equipment manufacturers and distributors. The research confirmed that Lafayette Instrument Company, Inc. is the only source for the LX7 Computerized Polygraph and accessories. No other vendors offer comparable equipment or compatible accessories. The sole source letter from Lafayette Instrument Company, Inc. substantiates this finding.

(c) If market research was not conducted, a reason for its absence must be cited here.

N/A

(d) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

Lafayette provided CBP with a statement that their proprietary polygraph equipment is not available from other sources. They do not have authorized resellers or service providers.

10. Any other facts supporting the use of other than full and open competition.

(a) An explanation why technical data packages, specifications, statement of work, or purchase descriptions are not suitable for full and open competition.

This requirement is not suitable for full and open competition. CBP requires Lafayette Instruments polygraph equipment and systems for CBP polygraph examiners, because all new polygraph equipment and peripherals must be absolutely compatible with CBP’s existing Lafayette systems to ensure standardized Quality Control (QC) appraisals. CBP must continue to procure and maintain the specified, proprietary Lafayette Instruments equipment and software, as technical specifications for the LX7 and accessories are proprietary to Lafayette Instrument Company, Inc. Modifying CBP’s requirements to allow for competition is not feasible, as no other products meet operational needs or are compatible with existing systems, and the inability to procure these items from another source would result in mission degradation. There are no other systems or equipment completely compatible with CBP's

Justification and Approval (J&A) for Commercial Products and Services Acquisitions current Lafayette Instrument polygraph systems, and DHS counterparts—including the Office of Inspector General and the Department of Justice—also utilize Lafayette Instruments as their polygraph system provider. If multiple manufacturers' equipment were used throughout the government, information sharing and collaboration efforts would become challenging and result in inconsistencies in data collection, as proprietary software developed by each polygraph manufacturer is not interoperable with other vendors' equipment. This would prevent CBP and other agencies from completing and reviewing each other's examinations, undermining essential law enforcement collaboration. Furthermore, contractor examiners, who support CAD by providing polygraph examinations for CBP applicants, are required to maintain absolute compatibility with CBP’s quality control procedures and utilize Lafayette Instruments equipment. Lafayette’s equipment is proprietary and can only be serviced, maintained, and sold by Lafayette Instrument Company, Inc.

Accordingly, the continued acquisition of Lafayette polygraph equipment is based on CBP’s longstanding standardization on the Lafayette platform since 2008; compatibility with existing government-owned equipment and infrastructure, and continuity of examiner training and proficiency, consistency in quality control review; and avoidance of significant duplication of government investment associated with maintaining separate equipment, software, accessories, training, technical support, and lifecycle management requirements.

(b) Discuss why your requirement cannot be modified to enhance competition.

This requirement cannot be modified to enhance competition. There are no authorized service providers or resellers.

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

No sources expressed interest in this requirement based on the agency procurement forecast published in apfs.gov under P2026073507, published on April 10, 2026.

A synopsis/ Notice of Intent was issued on SAM.gov on August 5, 2026, requesting that parties express their interest in writing to the contracting officer. No parties expressed an interest.

No responses were received prior to the stated submission deadline. After the deadline, one interested party submitted a response. CBP OPR reviewed this information and determined that this equipment would not be capable of meeting CBP’s mission requirements for the reasons stated under section 6.C.

12. 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.