20115151- JEFO.pdf

OPOAM 3016.505-90(a)(2)(iv) Justification for Brand Name Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(a)(4)

Date: 10/28/2019________ PR Number: 20115151________________

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Customs and Border Protection (CBP), Office of Administration – Procurement Directorate (OA/PD).

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

Pursuant to FAR 16.505(a)(4), OA/PD intends to award a Firm-Fixed Price (FFP) task/delivery order for one year of Mapbox software using limited competition under the DHS FirstSource II multiple award IDIQ contract.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

The Office of Information and Technology (OIT), Targeting and Analysis Systems Program Directorate (TASPD) requires the procurement of Mapbox software and support renewal. The supplies required under this order include the following:

Product Quantity

Mapbox Enterprise Account 1 Enterprise Support 1 Custom Support 1

This software is critical to the ongoing operations in support of the CBP mission of managing and securing the nation’s borders.

The estimated total value of this requirement is $XXXXXX.

4. Identify the exception to fair opportunity and supporting rationale. The particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs pursuant to FAR 16.505 (a)(4)(i).

CBP intends to procure a brand name specification for MapBox software and support in accordance with FAR 16.505(a)(4). The exception is based on FAR 16.505(a)(4)(i), the particular brand name product’s feature is essential to the Government’s requirements and market research indicates other companies cannot meet the agency’s need. The brand name item is peculiar to the Original Equipment Manufacturer (OEM), Mapbox.

This geospatial software provides analysts with vector maps which CBP applications can utilize. Mapbox vector maps are superior to traditional map tiles (i.e. Google and Bing) as they render at a higher framerate and are more responsive to user input. Speed is important as CBP analysts need to explore multiple hypotheses using large data sets.

Vector maps are valuable in constrained environments as they require approximately ¼ the bandwidth. Mapbox software also includes developer tools which allow CBP developers to create heatmaps and geo-fenced queries, both of which are capabilities users could not perform without this software.

This requirement was posted on the Acquisition Planning Forecast System (APFS), #2019047772

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

By competing the requirement utilizing an established DHS FirstSource II contract holder, it is anticipated that there will be adequate price competition upon issuance of the Request for Quote (RFQ). Furthermore, the final price will be analyzed against the Independent Government Cost Estimate (IGCE) and previous year expenditures for similar products/services. As an order placed against the DHS strategic sourcing vehicle, pricing has been independently determined to be fair and reasonable by DHS at the time of the Indefinite Delivery/Indefinite Quantity (IDIQ) contract award. These combined factors provide sufficient information in determining that the anticipated cost to the Government will be fair and reasonable.

6. Any other facts supporting the justification.

This product is critical to the ongoing operations in support of CBP’s mission of managing and securing the nation’s borders. Without the MapBox tool, Analytical Framework for Intelligence (AFI) analysts would not be able to effectively gather the critical information in order to identify potential terrorists or other threats.

All FirstSource II vendors who can provide Mapbox software will be permitted to compete for this award.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

With regard to the Mapbox software, there are no planned actions at this time that are feasible or in the best interest of the Government that would remove or overcome any barriers to competition.

Mapbox software is proprietary to the manufacturer. Therefore, only Mapbox can provide the required materials through their distributors on DHS FirstSource II.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(a)(4)(iii)(A)(2).

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

10. Contracting Officer Certification and/or Approval *

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Not exceeding $700,000 Date Contracting Officer