4.3.10- J&A redacted 70B06C25C00000216_20150646_Redacted_applied1.pdf

U.S. Department of Homeland Security Office of the Chief Procurement Officer

Justification and Approval for Other Than Full and Open Competition Version 3.6

July 2025 Page 1

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(7))

This justification is prepared pursuant to the Competition in Contracting Act (CICA), as implemented by the Federal Acquisition Regulation (FAR) Subpart 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services. The statutory authority permitting other than full and open competition is FAR 13.501(a), which requires a written justification for sole-source acquisitions exceeding the Simplified Acquisition Threshold (SAT) when conducted under Subpart 13.5. The justification for the use of the statutory authority under FAR Subpart

6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Laboratories and Scientific Services (LSS), in collaboration with the Office of Acquisition, seeks approval for a sole-source procurement of DCS 6 Digital Fingerprint Capture Systems manufactured by Foster & Freeman. The procurement will be conducted under a Firm Fixed Price contract.

2. Nature and/or Description of the Action being Approved.

Approval is requested to procure DCS 6 Digital Fingerprint Capture Systems on a sole-source basis. The total estimated value of this procurement is $1,274,734.26, funded through CBP LSS Operations and Equipment Funds for Fiscal Year 2025.

This acquisition is critical to the mission of CBP LSS, which is to provide rapid, accurate, and reliable forensic and scientific services to protect the homeland. The DCS 6 systems will significantly enhance CBP’s forensic capabilities by enabling the detection, capture, and enhancement of friction ridge impressions on a wide range of surfaces, ensuring the highest level of detail and integrity in forensic evidence.

(a) Nature of action: DHS, CBP, LSS intends to procure commercial items on a sole source basis.

(b) Name and address of the contractor.

Foster + Freeman 20145 Ashbrook Place #190, Ashburn, VA 20147

(c) Contract type: Firm Fixed Price

(d) Estimated total value: $1,274,734.26

(e) Type of funding: CBP LSS Operations and Support Funds

APPENDIX B: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION TEMPLATE

Justification and Approval for Other Than Full and Open Competition

July 2025 Page 5

Failure to procure the DCS 6 systems would have a significant negative impact on CBP LSS’s ability to fulfill its mission of providing rapid, accurate, and reliable forensic services.

Without these systems, the following mission-critical capabilities would be compromised:

1. Forensic Evidence Processing: LSS would be unable to capture, enhance, and preserve friction ridge impressions to the required standards, potentially resulting in the loss of critical forensic evidence.

2. Operational Consistency: The absence of standardized systems across laboratories would lead to inefficiencies, as staff would require additional training on unfamiliar equipment, delaying results and impacting operational timelines.

3. Compliance with Accreditation Standards: LSS’s accreditation under ANSI/ANAB and ISO/IEC 17025 requires the use of state-of-the-art forensic methods and technologies. Failure to procure the DCS 6 systems could jeopardize this accreditation, undermining the credibility of forensic evidence presented in court.

In summary, the inability to acquire the DCS 6 systems would severely hinder CBP LSS’s ability to support homeland security operations and federal criminal investigations.

(e) Rationale for Use of the Nonavailability Exception to the Buy American Statute:

N/A. This procurement does not involve an exception to the Buy American statute.

Additional Information for "Only One Responsible Source and No Other Supplies or Services

Will Satisfy Agency Requirements":

Details on Specific Requirements: The DCS 6 system must integrate into a single, turnkey solution. These capabilities are essential for capturing, enhancing, and preserving forensic evidence to the required standards.

Why Only One Contractor Can Fulfill the Requirements: Foster & Freeman is the sole manufacturer of the DCS 6 system, which is the only system on the market that meets the operational requirements of CBP LSS.

Why Other Proposed Contractors Are Unable to Meet the Requirements: Other vendors, including lack the necessary integration of imaging, enhancement, and audit trail capabilities required by LSS.

Unique Capabilities or Qualifications of the Contractor: Foster & Freeman’s DCS 6 system is uniquely designed to meet the stringent forensic requirements of CBP LSS, ensuring compliance with ANSI/ISO/IEC 17025 standards and supporting the agency’s mission.

Impact if Not Acquired from This Vendor: Failure to procure the DCS 6 systems from Foster & Freeman would compromise forensic evidence processing, delay operational timelines, and jeopardize LSS’s accreditation, ultimately impacting homeland security operations.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Justification and Approval for Other Than Full and Open Competition

July 2025 Page 9

N/A. No sources expressed interest in writing for this acquisition.

12. 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.

(a) Will the Government revise overly technical specifications, acquire data rights, etc.?

CBP Laboratories and Scientific Services (LSS) will continue to monitor the market for emerging technologies and engage with industry to identify potential alternatives for future procurements. Specific actions include:

o Market Research: Conduct regular market research to identify vendors capable of providing forensic imaging systems with comparable capabilities to the DCS 6. This includes issuing Requests for Information (RFIs) and participating in industry conferences.

o Engagement with Vendors: Work with vendors to explore the possibility of developing systems that meet CBP LSS’s requirements, potentially reducing reliance on proprietary solutions.

o Evaluation of Data Rights: Assess whether acquiring data rights for proprietary technologies, such as the used in the DCS 6, could enable competition in future procurements.

At this time, the proprietary nature of the DCS 6 system limits competition, as Foster & Freeman is the sole manufacturer capable of meeting CBP LSS’s operational needs.

However, ongoing efforts will focus on identifying ways to broaden competition for subsequent acquisitions.

(b) When a J&A is issued for the purposes of acquiring goods or services while a competitive procurement is being conducted, the justification should include a detailed timeline for completion of the competitive procurement. The period of performance for the sole source action should fairly balance the time needed to complete the competitive procurement. The focus should be on minimizing the need for additional sole source awards.

N/A. This J&A is not issued in conjunction with a competitive procurement.

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