JA_-_RapiScan_6_month_extension_Final_JSC_2_1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

AUTHORITY: FAR 6.302, 41 U.S.C. 253(c)

CONTRACT # 140D0419C0003

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements by FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-1 as follows:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

Contracting Activity: Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD)

Requiring Activity: Department on Homeland Security Science & Technology (DHS S&T) and U.S. Customs and Border Protection (CBP).

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

This is a modification to an existing contract 140D0419C0003 for American Science & Engineering (AS&E). The existing contract will expire on November 29th 2023. Due to unexpected delays the contract was extended to the full 5-years. Implementing the FAR 52.217-8 option will allow additional time for the government to receive the full benefit of the warranty period and provide time for the Proof-of-Concept Demonstration and transition to CBP. This justification is needed since FAR 52.217-8 was not originally included and evaluated in the evaluation of the original base award.

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

The following work will be executed in the six-month extension to the contract:

a. Provide Maintenance to the Santa Teresa location as defined in the contract.

b. Complete the warranty period for the Civil Works completed at the Santa Teresa location as defined in the contract.

c. Cover transition documentation and activities related to transitioning the system to CBP.

There is zero additional cost for this work as it has been included in the original contract.

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

□ FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or

Services Will Satisfy Agency Requirements. 41 U.S.C. 3304(a)(1)

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

This work is a continuation of the R&D tasks which have been performed over the past five years on this contract.

6. A 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 Subpart 5.2 and, if not, which exception under 5.202 applies.

Due to the R&D nature of this contract and the extension work being part of the tasks in the contract, no other sources can be considered. The R&D effort is already in progress and bringing in an outside source would cripple any further advancement. Since majority of the work required is related to the warranty under the contract, it isn’t feasible for another source to provide the work.

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

N/A.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

There are no other known contractors that can continue the tasks under this R&D effort without a massive duplication of work and expense to DHS S&T.

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

This justification is only required due to FAR 52.217-8 not being included in the original contract. There is no additional cost associated with the implementation and execution of 52.217-8. All the required work is already defined and awarded under the current contract.

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

None

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

The current contract for this R&D effort and was originally sole sourced.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Kevin Woody Date Contracting Officer

13. Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

John Clemmensen Date Program Manager

14. Reviews and Approvals

Approver

Kevin Woody Date Contracting Officer