Redacted Approved - Fy20 Outerlink J&A (Final).pdf

U.S Customs and Border Protection Justification and Approval For Other Than Full and Open Competition

For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 1.0 September 2016

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity. Identify the agency and contracting activity and specific identification of the document as a Justification for Other than Full and Open Competition

CBP, Office of Acquisition, Aviation, Maritime and Border Technologies Contracting Division, Air Operations Branch proposes to enter into a contract on a basis other than full and open competition.

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

(a) Type of action: Firm Fixed Price Contract

(b) Amount: $697,188.00

(c) Type of Funding Operations and Maintenance funds

(d) Year of funding FY2020

The Air and Marine Operations Cetner (AMOC) has a requirement on a sole source basis to procure Global Positioning System (GPS) tracking data services from OuterLink tracking systems that currently exist on Air and Marine Operations (AMO) aircraft. These systems were installed on OAM aircraft during fiscal year 2005. The vendor is Outerlink Global Solutions, 187 Ballardvale Street, A260, Wilmington, MA 01887.

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

The requirement is to procure satellite airtime for existing OuterLink tracking systems installed on CBP Aircraft. Only OuterLink has access to the GPS tracking device signal data which is proprietary in nature. OuterLink also provides uninterrupted internet connection to the AMOC via their satellite network and servers to retrieve the GPS data. The satellite airtime allows tracking of OAM aircraft.

This is essential for officer safety when the aircraft is below or out of radar coverage. The tracking information also allows CBP field commanders to position law enforcement aircraft for air and ground enforcement support. This information is displayed at the CBP Joint Field Command locations, AMOC, Office of Border Patrol Tactical Field Sectors, Office of Air and Marine Branches, and the CBP Situation room.

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. 3304(a)(1), implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

OuterLink Tracking Systems are currently installed in over 210 OAM aircraft. It should be noted that satellite-tracking devices operate much like cell phones (i.e., a cell phone purchase made from

AT&T, requires communication service from AT&T). In similarity, the OuterLink track devices purchased for CBP aircraft is only compatible with the satellite frequency that OuterLink tracking devices uses which is unique to the satellite OuterLink uses along with the embedded software in the tracking device. The satellite airtime is for short burst data associated with the OuterLink Tracking Device. Also unique are the OuterLink servers that capture the data from the satellite land earth station. The data is in a proprietary format that is only readable with OuterLink servers. From OuterLink servers the data is then sent to the AMOC were the data is readable using OuterLink proprietary software.

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 Federal Business Opportunities (FBO) on December 3, 2019 with responses due on December 18, 2019. The Notice of Intent was posted informing interested vendors of CBP’s to solicit and negotiate directly with Outerlink Corporation for satellite airtime. However, interested parties were able to submit statement of capabilities to provide Global Positioning Systems (GPS) Satellite Airtime services to operate with CBP’s existing standard architecture for mission critical system performance in regards to the GPS tracking data. Only one inquiry was received which did not provide capability statements to ascertain that they were capable of providing the services.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable considering that the cost of replacing the tracking systems into CBP aircraft with other systems will be extremely higher than purchasing the required airtime data services from the OuterLink Systems. It would cost the government over $1.5 million to replace the current OuterLink tracking devices for CBP’s 210 aircraft fleet. To ensure price reasonableness, the contracting officer will conduct a price analysis by comparing the historical expenditures of the same or similar services to the proposed pricing.

8. Description of Market Research.

Market Research was conducted in 2018 considering the introduction of a different satellite service provider will require the introduction of a different tracking device. The 2018 market research consisted of a web search for different companies providing tracking devices.

The results of the market research showed several companies which provided tracking serves for maritime vessels:

(1) Tracking Systems is a cellular based tracking service which does not provide worldwide coverage. Additionally the devices are battery powered.

(2) Nextraq is another company that provides GPS devices and services. They provide service to the fleet tracking services. The equipment is not compatible to our current software.

(3) West Marine provides GPS services for boats and aircraft. The devices can provide updates every 2 ½ minutes under their extreme service provision. The device has good worldwide coverage. It is powered by battery. West Marine Service is designed for theft prevention.

As a result, the aforementioned vendors were determined not to be capable of providing the required services or type of equipment that AMO currently have.

Additionally, a Notice of Intent to Sole Source was posted to Federal Business Opportunities (FBO) on December 3, 2019 with responses due on December 18, 2019 . The Notice of Intent was posted informing interested vendors of CBP’s to solicit and negotiate directly with Outerlink Corporation for satellite airtime. However, interested parties were able to submit statement of capabilities to provide Global Positioning Systems (GPS) Satellite Airtime services to operate with CBP’s existing standard architecture for mission critical system performance in regards to the GPS tracking data. Only one inquiry was received which did not provide capability statements to ascertain that they were capable of providing the services.

The vendor indicated that they provide services through SIM Cards but SIM cards are not practical in operational environment that AMO operates. Based on the non-responsiveness of the requirement, it is determined that it is in the best interest of the Government to solicit this effort from the Original Equipment Manufacturer (OEM), Outerlink Corporation.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

CBP has over 210 systems installed in the aircraft fleet. If CBP were required to change these systems, the following would have to take place first:

(1) CBP would have to secure funding for new devices for the aircraft while encountering a lead-time for delivery.

(2) CBP would have to establish a maintenance schedule to replace the current systems. These systems would also require FAA approval, which would potentially encounter a large gap of approximately two to five years in coverage.

(3) New devices will have to be tested on each of the aircraft before they could be installed on the platforms.

(4) The AMOC server would require re-programming. This would require additional engineering and costs.

(5) A different tracking device will require at least $1.5 million in engineering cost for all 25 different types of CBP aircraft. In addition, the cost of tracking device installation and aircraft downtime associated with the installation of the different tracking device is also considered. This approach is not cost effective and will require additional time grounding the aircraft for integration of the different device. If CBP’s aircraft are grounded, there will be a potential interruption of scheduled and unscheduled missions thus leaving a gap in coverage for illegal aircraft entries into the United States.

(6) Continuing the current satellite service from OuterLink is the only reasonable way to avoid these exorbitant costs.

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.

This satellite service will continue to be a requirement until CBP identifies a new system. This could happen with the procurement of a new aircraft, as CBP considers incorporating updated systems, radios, radar, monitors sensor turrets, etc. At this time, the OuterLink CBP3i is CBP’s standard system. Future satellite airtime contracts with OuterLink are based on the requirements the Office of Air and Marine has established by purchasing OuterLink systems. This effort will continue to be a year-to-year requirement.

12. Planning and Funding Statement

This acquisition does not result from lack of planning or expiration of funds