JA_Virtra_FBO.pdf

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)

Purchase Requisition Number 20109478

Use of Force- Virtual Simulator Scenario Contract

I. CONTENT OF JUSTIFICATION:

1. Identification of Agency and Contracting Activity.

Contracting Office:

US Customs and Border Protection Procurement Directorate 6650 Telecom Drive, Suite 100 Indianapolis, IN 46278

Program Office:

US Customs and Border Protection Law Enforcement Safety and Compliance (LESC) 440 Koonce Road Harpers Ferry, WV 25425

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

This is a "Justification and Approval" as described in FAR 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements.

(a) Type of action: Single-award Indefinite Delivery/Indefinite Quantity Contract that allows for firm fixed priced delivery orders.

(b) Proposed Vendor: Virtra Systems Inc., 7970 S. Kyrene Rd, Tempe, AZ 85284

(c) Type of funding: Operations and Support

(d) Year of funding: 2019

(e) Other brief descriptive words and phrases: This is a sole source procurement for virtual use of force training system scenarios, which are compatible with CBP' s currently deployed use of force training systems. This particular system is the VirTra Systems 300LE-5 Simulator.

Use of Force - Virtual Simulator Scenario Contract

3. Description of Supplies/Services.

This requirement is for Virtra produced complete scenarios and character assets to be utilized with the Virtra 300LE virtual training systems. These scenarios are custom content video and V-Author based packages. They will include single and/or multi incident, multi-branching, judgmental use of force scenarios, exclusively designed for CBP. The contract shall include the following line items:

Single Incident Video based Custom Content 5 scenario

Package

Multi and Single Incident Video based Custom Content 5 scenario Package

Single Incident V-Author based Custom Content 5 scenario

Package

V-Author Custom Character Asset Production

Custom VA Pano-Prop/Asset

Custom VA Character/Asset (Simple)

Custom VA Character/Asset (Complex)

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)(l) pursuant to FAR 6.302-1, 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.

To date, CBP has fielded 35 VirTra LE300 systems throughout the country with resounding success. These 35 systems represent an investment in excess of $6 million.

These simulator systems allow CBP to train using environmentally specific, scenario based training. These training scenarios are able to incorporate locations, subjects and situational threats specific to CBP' s areas of operation. In addition, the training systems are able to deliver threats to the student from multiple angles on multiple screens, including non-aimed return fire to the student without the need to manually aim a device by the instructor, forcing the user to consider multiple stimuli within the surrounding area, before employing tactics and techniques. The systems are able to deliver a full spectrum of use of force options, including multiple less lethal options while helping

Officers/ Agents develop the necessary tactics, techniques, procedures, and decisional skills associated with tense and dynamic situations requiring the use of force.

Use of Force - Virtual Simulator Scenario Contract

While the hardware of the VirTra 300LE is important, the actual scenarios are the focus and foundation of the system. As officers and agents will be using this system on a reoccurring basis, it is imperative to keep the training fresh, diverse, and relevant. This requires new scenarios be produced and introduced each year. This is particularly true when we desire to re-create actual use of force events to capitalize on their training value.

VirTra has the capability to produce multiple types of scenarios to varying degrees of production quality. More to the point, the proprietary nature of the VOS software and the need for interoperability support the premise that these scenarios are only producible from one source: the originator and owner of the system, VirTra.

CBP/LESC has unique requirements related to virtual scenario based training, including the production of use of force scenarios. The use of these systems has already received tremendous positive feedback from field personnel, as well as senior management including the Commissioner. This action will expand our ability to provide high quality, cost efficient use of force training for CBP law enforcement personnel.

Based on market research and reviews from CBP, Virtra Systems Inc. is the only provider that can provide high production quality scenarios that are compatible with the Virtra 300 systems already in use by CBP. Also, the financial investment already made in this system would not be recovered if the entire system had to be re-competed leading to substantial cost duplication. Finally, failure to provide these scenarios would severely limit the effectiveness of the VirTra training system and deprive CBP of valuable training opportunities as well as its optimum return on investment.

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

CBP intends to make this justification publically available pursuant to FAR 6.305 on FedBizOpps.

7. Determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

Based on reference to past acquisition history, the contracting officer will determine that the cost will be fair and reasonable.

8. Description of the Market Research Among Schedule Holders:

Market research for simulator systems began in 2012. This research was conducted via the internet, with vendors, and with specific civilian contacts that have intimate training and handling experience in the aforementioned products.

When the original simulator contract was awarded, there were five known vendors who manufactured use of force virtual training simulators. A sixth vendor has gone out of business since market research has begun. In addition, after

Use of Force- Virtual Simulator Scenario Contract visits, LESC conducted 90-day test and evaluations of several systems. Ultimately, Virtra Systems Inc. was determined to be the only vendor that met all of the government's technical needs and requirements.

Now that a need for additional scenarios has arisen to expand the simulator training program, market research continued through a review of vendor's capabilities and interoperability of the systems available. Research results indicates that there are multiple vendors still capable of providing virtual training systems. However, due to the proprietary nature of the software involved (as well as certain proprietary accessories), the original equipment manufacturer (OEM) is the only vendor capable of providing scenarios compatible with the Virtra system.

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

No other facts supporting other than full and open competition apply.

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

VirTra Systems, Inc. was contacted directly based on market research and responded with interest.

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:

At this time, no additional future procurements for supplies, beyond this IDIQ contract, are foreseen. If, however, a future need does arise, CBP will continue to monitor advancements in technology and innovation to ensure that competition is fostered and utilized.

12. P�sting Reguirement.

CBP will post this J&A on FedBizOpps pursuant to FAR 6.305.