1.5.1_R Justification for Other than Full and Open Competition.pdf

OFFICE OF ACQUISITION MANAGEMENT

Sole Source Justification (SSJ)

Simplified Procedures for Certain Commercial Items Exceeding the Simplified Acquisition Threshold (SAT)

FAR Subpart 13.5, including Brand Name

J&A-20-0008

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of the ICE Homeland Security Investigations (HSI), Special Agent in Charge Washington, D.C. (SAC DC) office 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 sole source purchase order award

b) Amount the current J&A is justifying: The estimated value of the proposed 12-month purchase order is approximately $___________.

c) Brief Description: OAQ intends to procure, on a sole source basis, software development, data analytic support, and cloud migration for a web-based Gang Intelligence Application (GIA) used by HSI to identify, track, disrupt and dismantle Transnational Gangs in Virginia (VA), West Virginia (WV) and Washington D.C. areas of operation. This action is being taken pursuant to the authority of FAR 13.501. The entity listed below is the only source that can provide the required services:

Office of the District Attorney, Lehigh County Regional Investigation and Intelligence Center (RIIC) 640 West Hamilton Street, Allentown, PA 18101

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

The Lehigh County RIIC originally developed the GIA, a database repository of regional gang members and associated information, as a way for Federal, State, and Local law enforcement partners including ICE to collaborate and share data. HSI Washington, D.C.

uses the GIA to combat Transnational gangs in and around the National Capital Region (NCR), but HSI’s use of the GIA is limited by the scope of information that ICE can securely upload, share, and control within the GIA.

The GIA houses a large regional dataset, including segmented HSI-specific data that is available to an assortment of approved law enforcement users. ICE requires greater control over its data than is currently provided by the GIA, facial recognition analysis of HSI queries http://uscode.house.gov/

Page 2 of 4 Version 1.1 and data, and additional security measures that will enable the GIA to interface directly with ICE systems. In order to meet these requirements, ICE requires architectural modification of the GIA, including migration to the GovCloud environment to enable secure integration of HSI gang specific data into a secure ICE compartmentalized tool, increased analytical and data support, and facilitation of secure sharing and future interfacing with ICE systems to further its mission to target transnational criminal organizations.

ICE requires support for a 12-month period at an estimated cost of $____________.

Period Time Monthly

Price Total Base 12 mos. $_____ $________

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 as implemented by FAR 13.501 and FAR 6.302-1.

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

The Lehigh County RIIC developed the GIA in collaboration with ICE HSI. The GIA consolidates and combines all regional gang intelligence into one system, eliminating the need for a large financial investment to develop that capability within ICE. The GIA is a proprietary tool that is owned and operated by Lehigh County and is not available through other private, Federal, State, and Local resources. No other entity has the rights or permission necessary to modify the County’s GIA application. There is no other source that has access to the system for purposes of performing HSI’s required enhancements. The GIA application is also the only available platform that is being collaborated and built upon in the NCR by Federal, State, and Local partners.

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

Based on market research and current collaborative efforts, HSI determined that continuation of efforts with Lehigh is the only solution that will meet current needs as there is no transition time and the GIA is already in place and being used. Only enhancements need to be funded. Based on research looking to other options (i.e. creating our own ICE platform, building upon another entities less mature or robust system) it would be at a greater cost, level of effort, and timeline as other companies would have to start from scratch.

OAQ intends to make a redacted version of the justification publicly available after award.

http://uscode.house.gov/

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

The Contracting Officer determined that the anticipated prices will be fair and reasonable based on market research establishing the prices for similar labor categories required to perform the identified SOW tasks. Market Research was performed to evaluate potential labor categories and the anticipated level of effort. HSI reviewed an existing competitively awarded contract for similar solution development and maintenance type services that was awarded under DHS Strategic Sourcing (EAGLE II). The CO will ensure that the prices are within the reasonable margin as compared to commercial pricelists and prior acquisition history for comparable services.

8. Description of market research.

ICE conducted market research by collaborating with other Local, Federal, and State law enforcement agencies, and surveying commercially available tools.

Ongoing market research from investigative activities, training, and collaboration with the intelligence community revealed that there is at least one similar commercially available facial recognition software, called GangNet. This tool was previously utilized by HSI but is managed outside of the NCR (California). GangNet has the capability to input gang data, but does not provide the capability of being able to map said data and provide real time gang intelligence and tracking capabilities.

Further, if ICE were to custom build a new system or procure the services elsewhere there would be significant duplication of cost and efforts as HSI already has access to the system.

Lehigh County RIIC is uniquely able to provide the services without the Government having unacceptable duplication of cost. As such, it is in the best interest of the Government to continue to enhance the GIA with the Lehigh County RIIC.

9. Any other facts supporting the justification.

The NCR region assessed is the fifth largest metropolitan area in United States and does not have an effective means to share gang intelligence data. Each jurisdiction reviewed during the ongoing market research in the NCR, VA and WV is currently using spreadsheets or antiquated databases and do not have the means to share and collaborate with external partners. This leads HSI to believe that no other law enforcement organization has an available system or tool. The GIA is the only available platform that is being collaborated and built upon in this region by Federal, State, and Local partners.

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

None.

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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.

ICE will continue to monitor the market for available options. HSI Investigators and Intelligence officers are constantly building relationships and partnering with agencies to enhance information sharing or technologies that will further the investigative efforts of ICE/HSI. Interagency task forces and Task Force Officers are established in many localities to assist in these efforts and HSI frequently attends tradeshows or police conferences such as the International Association of Chiefs of Police each year. This positions the agency to stay on the cutting edge of technology used to combat emerging threats and will continue to be practiced.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a).

13. 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 Date

14. 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

15. Approval.

__________ Date Procuring Activity Advocate for Competition