04.04_SSJ.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-19-0023

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Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority 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 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, Division 6, 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: $2,846,697.00 (including option periods)

(c) Brief Description: OAQ intends to procure, on a sole source basis, an extension 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. This action is being taken pursuant to the authority of FAR

13.501. 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.

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

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

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

This requirement is to provide an interim vehicle between the existing contracts for VECADS, which will end April 30, 2019, and the competitive award that will be issued for the next iteration of VECADS. A six (6) month extension will be the base period, estimate totaling $1,423,347.00, and six (6) additional 1-month option periods of support at an estimated total cost of $237,225.00 each will be included ($1,423,350.00 total). The base plus all option periods estimated total is $2,846,697.00.

http://uscode.house.gov/

Simplified Procedures for Certain Commercial Items

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Period Time Price Total Base 6 mos. $1,423,347 $1,423,347 Option Period 1 1 mos. $237,225 $1,660,572 Option Period 2 1 mos. $237,225 $1,897,797 Option Period 3 Option Period 4

1 mos.

1 mos.

$237,225 $237,225

$2,135,022 $2,372,247

Option Period 5 Option Period 6

1 mos.

1 mos.

$237,225 $237,225

$2,609,472 $2,846,697

$2,846,697

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by FAR 13.501.

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

Originally awarded via HSCEMD-14-C-00003 to JDL Digital Systems, dba 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. ICE HSI TechOps requires an extension on support of the current system to ensure no lapse in video collection abilities in advance of the award for the next iteration of the VECADS subsystem.

HSI has conducted market research in support of the VECADS extension, and determined that only Airship Industries can meet the needs of the government as specified in the 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 Statement of Work, 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.

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

A notice of intent to sole source was posted to the Federal Business Opportunites (FedBizOpps) website on April 4, 2019 and no interested parties have expressed interest to date. OAQ intends to make this justification publically available pursuant to FAR 6.305 on FedBizOpps in April 2019.

Simplified Procedures for Certain Commercial Items

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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 $1,423,347.00 for six months that includes all the software licenses, hardware support and personnel support required to meet the needs of the government as noted in the SOW. As noted on the IGCE and SOW, the government intends to to include six additional one-month option periods. 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.

HSI has conducted market research in support of the current VECADS extension, and determined that only JDL Digital Systems, Inc. (dba Airship) can meet the needs of the government as specified in the 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 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 Conracting 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.

HSI TechOps is renewing and redesigning the Video Evidence Collection and Distribution System (VECADS) to improve operational capability. 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. VECADS II will be a drastic change in the physical infrastructure of VECADS I. As such, ICE is enhancing multiple facets of the current VECVADS capabilities to improve the overall system. ICE is diligently working to define the requirement.

VECADS II next generation systems will be a nationwide (CONUS, Puerto Rico, Hawaii, Alaska, Guam, Saipan) system used to collect surveillance video evidence from a variety of sources during criminal investigations, and to distribute video evidence to investigators and U.S. Attorneys in the prosecution of immigration and customs violations. VECADS II is anticipated to be a consolidation of the current VECADS sites into commercial, Federal Risk and Authoriation Mangement Program (FEDRAMP) data centers.

Simplified Procedures for Certain Commercial Items

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It is anticipated that a new, competitive contract will include a turnkey technology solution that includes all software, hardware, warranty support, and onsite installation and training for the entire federated VECADS. This solution will provide a single 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. The data center will be provided to the vendor and will include rack space, electrical, cooling, data circuits, and all networking (firewalls, routers, switches, circuits) furnished by the government. The government will install, maintain, and support all networking (firewalls, routers, switches, circuits) systems. The government will also provide FEDRAMP’ed cloud services for various requirements. Cloud access will be provided via a cloud exchange in the data centers.

The engineered solution will be a single, scalable, and unified system that includes software, hardware, warranty support, installation and training. VECADS II is anticipated to be a complete redesign and build of the extisting system when compared to VECADS, thus complicating the systems requirements definition and extending the acquisition timeline.

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.

The contract re-compete effort is currently underway. A Request for Information (RFI) for the next-generation VECADS system was issued via Federal Business Opportunities Point of Entry on December 5, 2018 to identify other interested parties as well as market capabilities.

The information derived from this request is being reviewed to determine the government’s final system requirements. A competive solicitation is anticipated to be released in FY2019.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

Yes.

Simplified Procedures for Certain Commercial Items

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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.

_____________________________________ __9 APR 19___

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.

______________________________ __9 APR 19___

Technical Representative/COR Date

15. 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.]

Over $13.5 million but not exceeding $68 million Date Head of Contracting Activity [And any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.]

Over $68 million Date Chief Procurement Officer

NOTE:

Simplified Procedures for Certain Commercial Items

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HCA approval in addition to that of the Component Competition Advocate is not necessary if the Component Competition Advocate meets either of the criteria at FAR 6.304(a)(3)(i) or (ii), except for any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount, and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 as the authority.