JA Final-SAM.pdf

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

Version 1.0 September 2016 to Constellation. The remaining programs, Systems Engineering, Logistics and Sustainment, National Targeting Center Passenger and Cargo will continue performance under the incumbent up to 6 months until those tasks can be solicited under OASIS unrestricted – Poo1.

The contemplated interim contract ensures that support services for critical mission needs that fall under the scope of the unrestricted tasks are maintained. The estimated contract value for of $6,013,695.72 will fund continuance performance, and a 60-day transition period through May 18, 2025.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition is 41 U.S.C. 253(c)(1) as 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.

ManTech’s continued support would prevent a lapse in service and disruption to OA’s daily operations during the time required to conduct the follow-on competition. is uniquely qualified to continue services as it has acquired extensive knowledge and understanding of operations since November 2018 when it was initially awarded the OA CSS task order. In its support, possesses the required staffing resources, expertise, and knowledge to perform the services ensuring support efficiently and effectively. is familiar with the issues, operational considerations, and technical challenges related to key programs under which it is rendering support services. CBP relies heavily on this contractor support to execute its National Targeting Center Passenger and Cargo programs. ManTech’s familiarity with the programs whose support is covered under this contract and the 4-9 month lead time which would be necessary to run background investigations on new contractor personnel is such that is the only potential source capable of provided the needed services in the timeframe required.

Only has the resources and experience in place necessary to provide CBP the required services within the timeframe required for an interim contract without risking an interruption in critical mission activities.

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

CBP will publish this J&A on SAM.gov upon approval indicating its intent to extend this contract for the reasons explained above in Paragraph 5.

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

The Contracting Officer expects to be able to use certified cost and pricing data, historical cost with data from the current actuals to determine the negotiated price is fair and reasonable.

8. Description of Market Research.

OASIS is a DHS-mandated strategic sourcing vehicle for use. Market research revealed that there are sufficient companies on the OASIS schedule with the requisite capabilities and experience that could support CBP but cannot meet CBP’s needs in the required six-month period for the reasons described above. Without ManTech’s continued support, it would harm and delay deliverables of programs/projects which would delay schedules and impact costs to CBP. A gap in support during this transition period would essentially bring many border technology programs to a standstill since they would lack essential resources and expertise.

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

Changing to a new contractor would result in a substantial investment in time and contract transition cost to the Government that is not expected to be recovered through competition since it is anticipated that the follow-on task order will replace this interim contract by May 18, 2025.

A new contractor would also add performance risk to the program due to the time required to train personnel to ensure minimum operational performance standards are met.

A sole source contract to is necessary to support continuity of services. It is anticipated that the competitive award for a procurement at the estimated value and scope of the contract would require a minimum 6-months in procurement lead time. Therefore, although there are other companies that may be capable of fulfilling the requirements of this contract, a sole source interim contract is currently the only option that will provide continuous coverage until the follow-on competitive task order is awarded.

The interim contract will also allow for continued support and overlapping coverage after awarding the follow-on competitive task order in the event of a GAO protest. Failure to continue work under the contract poses an unacceptable risk to U.S. border security.

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.

CBP will obtain ample competition from companies holding contracts under OASIS when the solicitation is issued.

12. Planning and Funding Statement.

This acquisition does not result from a lack of planning or the expiration of funds. DHS small business office mandated that the overall OA CSS recompete requirement be split into two requirements, one for small business and one unrestricted. This mandate delayed the award of the unrestricted. The RFP for the competitive procurement is anticipated to be released by November 29, 2024.