J_A.pdf

Attachment 1 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 2.0 March 2018

This template provides guidance for completing documentation required for the justification and approval of acquisitions above the simplified acquisition threshold for supplies and/or services through other than full and open competition.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

Department of Homeland Security United States Customs and Border Protection Enterprise Services Office of Acquisition Border Enforcement Contracting Division Pacific Operations Enforcement Branch

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

CBP intends to limit sources solicited to one manufacturer for the procurement of the Ubiquiti products. There are other items that CBP intends to purchase that will not be limited. The Ubiquiti products are essential to the Government’s requirements and no other companies products will meet the agencies’ needs.

3. Description of Supplies/Services.

The Government intends to purchase the following Ubiquiti products:

Product Product # Quantity 2-Pack Airfiber Dish AF-5G30-S45-US 119 5 GHZ Prism Station AC PS-5AC 335 5GHZ PrismAP Antenna 90 PRISMAP-5-90 335 Airfiber X Antenna 5GHZ AF-5G34-S45-US 28 5GHZ Carrier Backhaul Radio 5XAF-5X 75 Ethernet Surge Protector ETH-SP-G2 950 5 GHZ LiteBeam AC, Gen2 LBE-5AC-GEN2 160 EdgePoint WISP Router, 6-port EP-R6-US 91 EdgePoint WISP Switch,16-port EP-S16_US 125

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

The Government intends to purchase the following products that are not peculiar to one manufacturer.

Product Product # Quantity

Shireen Outdoor CAT6 Cable DC-2021 45 Shireen Smartfeed CAT6 Connectors RJ45 35

Mikrotik SOHO Switch, 5-port RB260GSP 20

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.

253(c)(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.

The Ubiquiti items are the only equipment that is compatible with the existing devices that are actively deployed in the field. Ubiquiti devices are managed by a controller called Air control. This allows accountability for devices on a daily basis and alerts by any Ubiquiti devices that are having performance issues. The equipment being requested must be the same brand in order to communicate Ptp (point to point) or Ptmp (point to multipoint). This type of equipment must be compatible on one (1) additional layer. Devices that are directly communicating via link must also be the same version of equipment, i.e. Version AC to AC and Air fiber to Air fiber. Currently there is no way to circumvent or create a work around.

At this moment there is no other brand on the market that offers the data throughput, long rage connectivity, low power usage, encryption and management tools with the interface of Ubiquiti equipment. Due to the remoteness of the Southwest border, equipment relies on solar power at a large percentage of sites and this requires equipment to consume low power and still be able to communicate at long distances. With thorough market research there was no other product that met all of our needs for communication.

The requested Ubiquiti equipment will be used to connect multiple internet protocol technologies. This will assist the United States Border Patrol in securing remote and hard to manage areas. Additionally this equipment will provide network coverage where Cellular providers have little or no coverage.

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

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

An FBO notice will be publicized as required by FAR Subpart 5.102(a)(6).

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 prices will be fair and reasonable based on adequate competition. Additionally, the Contracting Officer will use additional price analysis procedures to ensure a fair and reasonable price to the Government.

8. Description of Market Research.

San Diego Sector (SDC) Sector Intelligence Unit (SIU) conducted market research on the following products: (Ubiquiti AF-5XHD-US) (Ubiquiti PS-5AC) (Ubiquiti 5XAF-5X) (Ubiquiti EP-S16-US ) ( Ubiquiti EP-R6-US) (Mikrotik RB260GSP ). The results of the market research indicates other companies’ similar products lack the particular feature(s) required and do not meet, or cannot be modified to meet, the needs of San Diego Sector Border Patrol. Specifically none of the other products were able to interconnect and function with current Ubiquiti network architecture, maintenance platforms and configuration.

Procuring an alternate product based on salient characteristics other than the Ubiquiti will require complete infrastructure replacement with a significant increase in cost. This involves purchasing and configuring the new equipment, configuration management software, implementation, change existing managed network switches, and removal and disposal of old hardware. Agents would have to be trained on new equipment and would have to be taken out of mission operations.

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

There are no additional facts.

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

This acquisition was posted on GSA ebuy. The solicitation was cancelled due to inadequate competition.

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

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.

There are limited actions the Government can take to remove or overcome barriers that led to restricted consideration as there are currently no equivalent brands, and any brand outside of Ubiquiti would require an entire infrastructure replacement. However, the Government will continue to conduct market research to identify new brands that meet all the necessary salient characteristics.

12. Planning and Funding Statement.

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

13. Posting Requirement. CBP will post this requirement on FedBizOpps pursuant to FAR 6.305.

14. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

15. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $700,000 shall constitute approval of the J&A.

16. SMALL BUSINESS SPECIALIST CERTIFICATION (Per HSAM 3019.501 - Above the SAT)

I certify that I have conducted a search for small businesses and other socio-economic concerns capable of participating in this acquisition.

If any were found, a list is attached.

17. CHIEF COUNSEL REVIEW (Per HSAM 3006.304-70 - Above the SAT)

&A APPROVALS

18. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Above $700,000)

19. HEAD OF CONTRACTING ACTIVITY (Per FAR 6.304(a)(3) - $13.5M to $68M)

Digitally signed by NICHOLAS F MARTINELLI

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

20. DHS CHIEF PROCUREMENT OFFICER (Per FAR 6.304(a)(4) - Above $68M)

21. DHS SECRETARY (any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount)