REDACTED-Att_1-JA_Template_above_SAT_V2-_PR20113190-_Polygraph_Equipment.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

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

CBP, Office of Acquisition, 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.

CBP Office of Professional Responsibility (OPR), Credibility Assessment Division (CAD), has a requirement, on a sole source basis, for an Indefinite Delivery Indefinite Quantity (IDIQ) contract to service, repair, maintain and replace CAD’s current Lafayette polygraph systems, as needed. These systems include the Data Acquisition System (DAS box), software and peripherals needed in order to administer polygraph examinations and other credibility assessment methodologies for all new and current Law Enforcement Officer Applicants and for other investigative and counter-intelligence missions.

Lafayette Instrument Company, Inc.

3700 Sagamore Pkwy, N.

Lafayette, IN, 47904-10663737

3. Description of Supplies/Services.

The requirement is to provide polygraph equipment and maintenance services at a total estimated cost of $950,000.00. The Contractor shall provide polygraph equipment as a complete system or package, which includes all necessary peripheral equipment in order to complete a polygraph examination. Technical capabilities of the polygraph system must be in compliance with the American Society for Testing and Material (ASTM) industry standards and the system must be absolutely compatible with CAD’s current Lafayette Instruments polygraph systems.

The Contractor shall also provide maintenance, repair, and replacement services on their proprietary equipment. The warranty included with each DAS box covers the box for five years with Tier 1 level support, the cost per unit is inclusive of the maintenance support.

Period Unit Price Total Base Period 12 months $ 5,104.00 $ 268,476.00 Option Period 1 12 months $ 5,104.00 $ 268,476.00 Option Period 2 12 months $ 5,104.00 $ 268,476.00

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

Base plus two Option Year Total: ______$805,428.00

6-month Option to Extend Services ______$124,238.00 under FAR 52.217-8 Option to Extend Services Total: _____$950,000.00

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authorities permitting other than full and open competition for this requirement are 41 USC 3304(a)(5)) and 15 U.S.C. 637(m) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-5 (b)(7)- entitled, “Sole source awards under the WOSB Program– 15 U.S.C. 637(m) (see also 19.1506).

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

The statutory authority which permits a solicitation from one source is FAR 19.1506(b) under Women-Owned Small Business (WOSB) Program-sole source awards. It is the Government's intent to proceed with a single source action. The conditions under FAR 19.506(a), (b), and (c) have been met. The SBA has determined that WOSBs are substantially underrepresented in Federal procurement in the assigned NAICS code 334519.

The Contracting Officer does not have a reasonable expectation of receiving two or more offers from WOSB concerns. The size standard, as defined by the U.S. Small Business Administration, is 500 employees. Lafayette Instruments is the manufacturer of this equipment and the anticipated IDIQ value will be under the $6.5M threshold for manufacturing. The WOSB concern has been determined to be a responsible contractor with respect to performance. Award will be made at a fair and reasonable price. None of the exclusions found at FAR 19.1504 apply to this acquisition.

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

A FedBizOpps notice will be publicized, as required by FAR Subpart 5.102(a)(6) and 5.2.

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 price(s) will be fair and reasonable based on prior acquisition history for CBP requirements, comparison with http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-19-small-business-programs#i1099284 commercial pricelists, comparison with previous pricing offered to other Government and commercial customers, and negotiation (if required).

8. Description of Market Research.

The internet was searched for a list of contractors that could provide compatible polygraph systems and maintenance services that would work with Lafayette Instruments. The market research showed that only Lafayette Instruments is capable of providing fully compatible polygraph systems and maintenance services on their proprietary equipment and there are no other distributors but the manufacturer.

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

This requirement is for Lafayette Instruments polygraph equipment/systems for CBP polygraph examiners. CBP polygraph examinations must be absolutely compatible with existing CBP systems and ensure standardized Quality Control (QC) appraisals. CBP must continue to procure and maintain the specified, proprietary Lafayette Instruments equipment and software. There are no other systems or equipment which are completely compatible with CBP’s current Lafayette Instrument polygraph systems. DHS counterparts, to include the Office of Inspector General and Department of Justice, utilize Lafayette Instruments as their polygraph system provider. If multiple manufacturers’ equipment were utilized throughout the government, information sharing and collaboration efforts would become challenging and result in inconstancies in data collection. The proprietary software developed by each polygraph manufacturer, which is used to evaluate polygraph examinations, is not interoperable with other vendors’ equipment. CBP would not be able to complete and/or review other government entities’ examinations and other government entities would not able to complete and/or review CBP’s examinations. The ability to complete and review examinations between agencies is essential to law enforcement agencies being able to fulfill their missions. In addition, contractors who support CAD by providing polygraph examination for CBP applicants are required to maintain compatibility and utilize Lafayette Instruments equipment in performance of their contract.

This equipment is proprietary to Lafayette and no other vendors are authorized to perform repairs or maintenance on their systems.

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

Acquisition.

No sources expressed an interest in this requirement.

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.

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for these items and maintenance services to be competitive.

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.

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► J&A CERTIFICATIONS

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.

Office: Office of Professional Responsibility Name: (Print): Ashley Spears Title: Deputy Director, MSD

Signature: _______________________________ Date: __8/29/2019____

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.

Name Erin M. Schwam:

Contracting Officer

Signature: ________________________________ Date: ___8/29/2019______

* 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.

Name: Ivette Jorge CBP Small Business Specialist

Signature: _____________________________________ Date: _____________

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

Name (Print):

Signature: _____________________________________ Date: __9/4/19____

► J&A APPROVALS

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

Approved Disapproved

Name (Print): _Richard K. Gunderson__ Competition Advocate

Signature: ___________________________ Date: __9/10/19______

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

Name (Print): __N/A- dollar threshold_____________________ Head of the Contracting Activity

Signature: __________________________ Date: _____________

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

Name (Print): ____N/A- dollar threshold ___________________ DHS Chief Procurement Officer

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

Name (Print): ____N/A- dollar threshold ___________________ DHS Secretary