1.5.1_SSJ X-Ray Machines Redacted_20230929.pdf

CISAM 3013.501(a) Sole Source Justification (SSJ)

Simplified Procedures for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (SAT) pursuant to FAR Subpart 13.5, including Brand Name Template

SSJ No: Page 1 of 3 Rev: 11/23/2022

SSJ Number: FY23-0167 PR Number:

Sole Source Justification

Agency and Contracting Activity.

The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), Office of Contracting, proposes to enter into a sole source contract using simplified acquisition procedures on behalf of the Office of Security & Integrity (OSI), pursuant to FAR Subpart 13.501(a)(2)(i).

Nature and/or description of the action being approved.

USCIS intends to award a sole source order using simplified procedures for certain commercial items without seeking competition for the procurement of x-ray machines directly through the only available source, Smiths Detection Inc. This action is being taken pursuant to FAR 13.501. This contract type for this action is a new Firm-Fixed-Price (FFP) delivery order

Description of Supplies/Services.

The x-ray machines for use at USCIS facilities provide a secure work environment to monitor and assure the safety of the employees coming into the building and to assure that individuals do not bring weapons or contraband into federal workspaces. OSI is looking to procure three

(3) x-ray units for the Orlando Field Office and one (1) x ray unit for the New Orleans Asylum Office. In addition to the units, OSI needs to acquire 2 rolling tables for each machine totaling 8 rolling tables and warranties for each machine.

The IGCE for this effort is . The period of performance will consist of a 12 month delivery period starting from the date of award.

Identification of the authority.

41 U.S.C. 1901, using SAP for acquisitions greater than the simplified acquisition threshold but not exceeding the threshold at FAR 13.500(a) (currently $7.5 million) and implemented by FAR 13.501(a).

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

Only one source – The Federal Protective Service’s (FPS) uses X-ray screening systems at its protected facilities

FPS, through its Countermeasure Operations Division, has a national leasing contract with

SSJ No: FY23-0167 Page 2 of 3

CISAM 3013.501(a) -- Sole Source Justification (SSJ) providing entry screening as part of Building Specific Charges as approved by Facility Security Committees. Additionally, these systems are currently used as part of FPS’s National Weapons Detection Training Program (NWDTP) which is required training for all of its contracted Protective Security Officers (PSO) who will staff a screening post. PSOs are trained on the operational use of these systems as well as traditional image interpretation. Because USCIS uses FPS PSOs, the x-ray machines for USCIS facilities must be purchased from Smiths Detection Inc. The x-ray machines used throughout USCIS and on which FPS security is trained are the Smith machines. FPS will charge USCIS for re-training costs if a different machine is purchased and installed because the FPOs would not be trained on the other vendor's machines. The rolling tables must be procured by Smiths Detection Inc. as well since they must align with the Smiths Detection x-ray machines. Lastly, the maintenance on the Smiths Detection x-ray machines must be provided by Smiths Detection Inc. as there are no other vendors who can service the equipment.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

As discussed in further detail above, Smiths Detection is the only vendor that is able to satisfy the Government’s needs detailed in the Statement of Work (SOW). A SAM.gov / Contract Opportunities notice will be publicized, as required by FAR Subpart 5.301 and 6.305(a).

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

The Contracting Officer (CO) determines that the anticipated price will be fair and reasonable, in accordance with FAR 13.106-3(a)(2)(iii), based on comparison of the proposed price to prices found reasonable under Smiths Detection DHS Strategic Sourcing Vehicle contract price.

8. Description of market research.

Market research was conducted to support the determination that Smiths Detection x-ray machines are the only solution that will satisfy the agency’s requirements. Smiths Detection confirmed via phone on 9/6/2023, that Smiths Detection is the only seller of 6040DV Smiths Detection x-rays and there are no authorized resellers. Smiths Detection Inc. has a current DHS BPA contract, 70B03C23A00000003, under the DHS X-Ray Systems Strategic Sourcing Vehicle.

9. Any other facts supporting the justification.

As previously stated, Smith Detection Inc. is the sole provider of Smith Detection 6040DV x-ray units and there are no authorized resellers. Failure to procure Smith’s Detection Inc. x-ray units would result in USCIS paying an additional cost to train FPS workers on another type of equipment. The cost of training FPS workers is already included in the price USCIS pays on the contract to acquire the Federal Protective service. Thus, if USCIS did not acquire Smith Detection equipment, the agency would be double paying for the training of FPS workers. Also, FPS guardsmen work multiple buildings and for other agencies. Having x-ray equipment by other than Smiths Detection would cause operational inefficiencies because only those trained on

CISAM 3013.501(a) -- Sole Source Justification (SSJ)

SSJ No:FY23-0167 Page 3 of 3 the new equipment could work at that specific facility, causing USCIS to potentially not be sufficiently guarded and staffed.

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

Acquisition Planning and Forecasting System (APFS) record # F2023063122 was published in the APFS system on July 31, 2023. No sources have expressed, in writing, an interest in ths acquisition.

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.

The government intends to procure more x-ray units and supplies in the future. This will allow the Government to review the contract held between the Federal Protective Service and USCIS and make suggestions for modification. If FPS workers can be trained on more equipment types, this will eliminate the barriers to competition.

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

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

14. Contracting Officer’s Certification and Approval. 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

WAYNETTE A

GOODMAN

Digitally signed by

WAYNETTE A GOODMAN

Date: 2023.09.28 15:41:13 -04'00'