1.5.1- 20153369 GPNVG- JOFOC_ss_db_JSapproved24Sep2025_redtcd_Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.6 (July 2025)

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JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-11) and in accordance with the requirements of FAR 6.104 (FAR Class Deviation 25-11), the justification for the use of the statutory authority under FAR 6.103 (FAR Class Deviation 25-11) is justified by the following facts and rationale required under FAR 6.104-1 (FAR Class Deviation 25-11) as follows:

1. Agency and Contracting Activity.

U.S. Customs and Border Protection (CBP) Law Enforcement Safety and Compliance Directorate, on behalf of CBP Special Operations Group (SOG), 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) Nature of action: CBP has a requirement on a sole source basis for 100 (ea.) Ground Panoramic Night Vision Goggles fused with thermal capability

(b) Name and address of the contractor:

(c) Contract type: Firm Fixed Price

(d) Estimated total value:

Period Unit Price Total One time purchase order $75,000.00 $7,500,000.00

(e) Type of funding: Operations and support funds

(f) Year of funding: 2025

(g) Solicitation number: 20153369

(h) Background information about the requirement: The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), United States Border Patrol (USBP), Special Operations Group (SOG) provides multi-mission support to various agencies.

Missions supported by USBP include homeland security, counterterrorism, drug interdiction, illegal immigration, search and rescue, direct law enforcement support to our nation’s borders, national disaster survey, worldwide response to emergencies, and communications relay.

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3. Description of Supplies/Services.

The requirement is to provide CBP SOG with Ground Panoramic Night Vision Goggles fused with thermal capability and to improve and maximize low light and/or night operational effectiveness and situational awareness across the wide range of mission sets it is tasked with completing.

Essential Physical Characteristics:

Panoramic vision High Resolution White Phosphorus Quad Tubes Thermal fusion overlay

Rugged Element resistant

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 6.103-1 (FAR Class Deviation 25-11) entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Identification of Exception to the Buy American Statute.

Not Applicable

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

CBP SOG provides multi-mission support to various agencies. Missions supported by USBP include homeland security, counterterrorism, drug interdiction, illegal immigration, search and rescue, direct law enforcement support to our nation’s borders, national disaster survey, worldwide response to emergencies, and communications relay. This requirement is for very specialized equipment that merges the performance capabilities of multiple current pieces of equipment into a single piece of equipment. These requirements include:

• Panoramic vision High resolution White Phosphorus

• Quad Tubes

• Thermal fusion overlay

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Market research was conducted on a continual basis, culminating in this procurement initiative. This research included face-to-face vendor interactions at in house meetings, trade shows, interactions with other Law Enforcement and Military groups utilizing similar technology, and open source information. With technological changes happening so quickly, constant interaction with industry is inherent in maintaining SOG’s technology advantage over its adversaries.

During CBP’s market research, similar products were identified. However, while those products may meet some of SOG’s needs, only the L3 Harris GPNVG-F meets all of BORTAC’s requirements, as detailed in Section 3 above, and the needs of current and future programs, such as , , etc.

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

No additional information.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

No additional sources expressed an interest in writing. As market research showed, there was only one viable product that meets all of the government’s performance requirements, the L3 Harris GPNVG-F.

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.

CBP will continue to monitor industry and technical advances. When future research indicates multiple viable product options for updated requirements, the government will endeavor to engage in competitive solicitations in lieu of sole source procurements.

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