JA-for-Commercial-Acquisitions (Signed).pdf

Attachment 3 U.S. Customs and Border Protection

Justification and Approval (J&A) for Commercial Products and Services Acquisitions Using RFO 12.201-1 Simplified Procedures Exceeding the SAT but Not Greater Than $9M – RFO

12.102

March 2026

Date: _7/17/2026________ PR Number: _20160225__

JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

Simplified Procedures for Commercial Products and Services 41 U.S.C. 1901

1. Agency and Contracting Activity. The U.S. Department of Homeland Security, U.S.

Customs and Border Protection, Office of Acquisition proposes to enter into a contract on a basis other than full and open competition using simplified procedures in accordance with Federal Acquisition Regulation (FAR) 12.201-1, FAR Class Deviation 25-21 R1 for FAR Part 12, and 41 U.S.C. 1901.1

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

(a) Nature of action. CBP intends to award a modification for 10 additional XXXXX software licenses and software support services.

(b) Name(s) and address of the contractor.

Business and Engineering Systems Corp, 20098 Ashbrook PL STE 200, Ashburn, Virginia 20147-3393.

(c) Contract type. Firm Fixed Price

(d) Estimated total value and period of performance, including options. Contract modification for 70B03C25P00000654 awarded 9/29/2025.

Period Total Base Year 12 mo. $1,999,900 Modification 2 mo. $800,000 New Contract Total $2,799,000

(e) Type of funding. Operations and Support funds.

(f) Year of funding. Fiscal Year 2026.

(g) Solicitation number. Not applicable

(h) Background information about the requirement.

CBP intends to award a modification for 10 additional XXXXX software licenses and software support services.

1 In this document, citations to RFO Parts 5, 10, 12, and 25 are citations specifically to FAR Class Deviation 25-17 for FAR Part 5, FAR Class Deviation 25-06 for FAR Part 10, FAR Class Deviation 25-21 R1 for FAR Part 12, and FAR Class Deviation 26-09 R1 for FAR Part 25, which were issued as part of the Revolutionary FAR Overhaul (RFO), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

ROBERT KAY

Inserted Text sign

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

3. Description of Supplies/Services.

The purpose of this Modification is to support the U.S. Department of Homeland Security, Customs and Border Protection (CBP), and the US Border Patrol. The contractor shall provide 10 each additional 4DVVV Insight Software Licenses and additional support services for the 4DV Insight Software used to satisfy operational needs in support of CBP operations. 4DV Insight is a geospatially-aware text and data mining software solution for business intelligence applications. It provides a browser-based platform that enriches and aggregates data in real-time to understand, track, and analyze large data sets.

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. 1901.

This acquisition is using simplified procedures as authorized and implemented by RFO 12.102(b).

5. Identification of Exception to the Buy American Statute. N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires restricting competition.

This requirement is to purchase additional licenses for existing software that was delivered by 4DV Analytics under a current contract. There is also a requirement to further develop the tool to specific CBP specifications using engineering labor hours.

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

(a) An announcement of the proposed contract action will be posted on SAM.gov on 7/17/2026.

8. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on existing contract pricing.

9. Description of market research.

Market research was not conducted, as this is a modification of an existing contract.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

10. Any other facts supporting the use of other than full and open competition.

None

11. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None

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.

As CBP develops new requirements for additional or replacement geo-temporal analytical software solutions, CBP intends to continuously conduct appropriate market research to ensure competition is fostered to the maximum extent possible.

13. 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.

Joshua E. Porter Technical Representative/COR

APPROVAL:

Robert J. Kay Date Contracting Officer