70T02022Q7503N004 EVVE - JA_OTHER THAN FULL AND OPEN_Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.302-1 as follows:

1. Agency and Contracting Activity.

The Transportation Security Administration (TSA), Enrollment Services and Vetting Programs (ESVP), and Office of Contract and Procurement (C&P) propose to enter into a contract with the National Association of Public Health Information Statistics (NAPHSIS) on the basis of other than full and open competition. The procurement request number is # PR227503A017 and the J&A tracking number is JA-2022-02-0816.

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

TSA intends to establish sole source firm fixed price purchase order with NAPHSIS. This purchase order will provide a base period of performance of twelve (12) months with an additional four (4) one-year option periods that will be exercised if necessary.

Under the Universal Enrollment Services (UES) IDIQ Contract #70T02019D9NOIA010, in-person document collection is completed for the TSA Pre✓®, TWIC, and HME programs. This justification is to request access to birth certificate verification and certification services available through NAPHSIS’ Electronic Verification of Vital Events (EVVE) system for the purposes of verifying physical birth certificates presented by applicants during in-person enrollments. These services will be accessed only via the EVVE web application and by authorized TSA users supporting program document verification.

The estimated ceiling price for this contract, including option periods and optional programs is approximately – see break down below. This cost is comprised of the NAPHSIS/EVVE verification fees, transaction fees, and monthly subscription fees. The monthly subscription fee is a flat rate whereas the verification and transaction fees are based on the number of requests submitted.

Purchase Order estimated total value (including options). Provide breakdown as shown below:

Base Period POP: August 23, 2022 – August 22, 2023 Fees Est. Transaction

Volume Fee Price Total Cost

CLIN 0001 Monthly Subscription Fee 12

Transaction Fee 2250 Verification Fee 1800 Certification Fee 133.33

Base Period Total

Option Period 1 POP: August 23, 2023 – August 22, 2024 Fees Est. Transaction

Volume Fees Total Cost

CLIN 1001 Monthly Subscription Fee 12 Transaction Fee 2250 Verification Fee 1800 Certification Fee 133.33

Option Period 1 Total Option Period 2 POP: August 23, 2024 – August 22, 2025

Fees Est. Transaction Volume

Fees Total Cost

CLIN 2001 Monthly Subscription Fee 12 Transaction Fee 2250 Verification Fee 1800 Certification Fee 133.33

Option Period 2 Total Option Period 3 POP: August 23, 2025 – August 22, 2026

Fees Est. Transaction Volume

Fees Total Cost

CLIN 3001 Monthly Subscription Fee 12 Transaction Fee 2250 Verification Fee 1800 Certification Fee 133.33

Option Period 3 Total Option Period 4 POP: August 26, 2026 – August 22, 2027

Fees Est. Transaction Volume

Fees Total Cost

CLIN 4001 Monthly Subscription Fee 12 Transaction Fee 2250 Verification Fee 1800 Certification Fee 133.33

Option Period 4 Total Purchase Order Total Value

Note: The services identified under the justification were previously awarded under purchase order number HSTS0217POIA207 which has the period of performance end date of August 22, 2022.

Type of funding: PreCheck, HME, & TWIC funds

Year of funding: Fiscal Year 2022

Solicitation number: 70T02022Q7503N004

3. Description of Supplies/Services.

The Transportation Security Administration (TSA) conducts security threat assessments (STA) to determine whether an applicant seeking access to critical segments to the Nation’s transportation system, critical infrastructure or sensitive materials poses or is suspected of posing a threat to transportation infrastructures or national security. STA programs covered under TSA’s Enrollment Services and Vetting Programs (ESVP) include, but not limited to, Transportation Worker Identification Credential (TWIC) Program, Hazardous Materials Endorsement (HME) Threat Assessment Program (HTAP), TSA Pre✓® Application Program, and Alien Flight Student Program (AFSP).

Depending upon the specific security threat assessment program and the related statutory and regulatory requirements, applicants must visit an enrollment center to provide biographic data and, in some cases, biometric data (e.g. fingerprint, iris, and/or photo) and identity/immigration documentation to TSA in an approved and established format to facilitate the STA process.

For each of these programs, in-person document collection may include capture of an applicant’s birth certificate. TSA requests access to birth certificate verification and certification services via NAPHSIS’ EVVE system for the purposes of verifying physical birth certificates presented by applicants during in-person enrollment. These services will be accessed only via the EVVE web application and by authorized TSA users supporting program document verification.

Currently, there is no national standard regarding physical birth certificates and their associated security features. Additionally, TSA does not have the capability of verifying the legitimacy of physical birth certificates presented during enrollment with the entity that issued the birth certificate. EVVE, however, has the capability to verify identity quickly by matching against United States jurisdiction birth certificate databases. EVVE is the sole source for this information. No other private or federal database contains this data. Utilizat ion of the EVVE application allows TSA to confirm the legitimacy of birth certificates presented at enrollment and close a security gap; while further investigating birth certificates that can’t be validated.

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)(1) implemented by the FAR 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

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 use of the authority cited.

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements: NAPHSIS is an association that maintains relationships with all State vital records offices. It’s these offices within each State that maintain electronic birth records for those individuals born in that State. NAPHSIS implemented and manages the Electronic

Verification of Vital Events (EVVE) system on behalf of the States. This system is currently used by a number of federal agencies for the purpose of verifying birth certificates for anti-fraud and identity assurance activities.

This is the only association and system approved by the state vital records offices to provide these services.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

A sources sought was published in SAM.gov on May 11, 2022 with a closing date of May 18, 2022. The purpose of this notice was to determine interest, capability, and socio-economic category of potential sources for access to birth certificate verification and certification services for the purposes of verifying physical birth certificates presented by applicants for a Security Threat Assessment (STA). In addition, this notice intended to obtain information regarding: (1) the availability and capability of qualified sources; (2) whether they are small businesses;

HUBZone; service-disabled veteran-owned, woman-owned, 8(a), etc.; and (3) their size classification relative to the North American Industry Classification System (NAICS) code for the proposed acquisition.

An intent to Sole Source this purchase order will be published on SAM.gov, fifteen (15) days before issuance of the solicitation. This notice of intent is not a request for competitive proposals.

Instead, interested vendors interested in subcontracting opportunities with NAPHSIS are instructed to contact the company directly.

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 commercial pricing which NAPHSIS provides the transaction-based fee structure that is in place for all federal customers. In addition, prior acquisition history will help the contracting officer determine that the anticipated cost is fair and reasonable

9. Description of Market Research.

TSA is currently utilizing EVVE’s birth certificate verification services for their security threat assessment program and populations under CO# HSTS02-17-P-OIA207, which expires August 22, 2022. EVVE provides an added security check to TSA’s adjudication process to ensure that a birth certificate accepted during enrollment is in fact associated with a particular individual.

NAPHSIS and its EVVE web application has performed satisfactory and currently fulfills an important role in TSA's ongoing effort to implement secure identity authentication measures.

TSA has conducted web-based research for any other alternatives to the EVVE system. The internet was searched for a list of contractors that would be able to provide the software or compatible software that could potentially provide services similar to that of EVVE. The market research showed that only NAPHSIS is able to provide the EVVE system and there are no other distributors or resellers. NAPHSIS is the association used to represent vital records offices across the country and offers the one system approved by the States to offer this service. While there are systems that some states offer to receive data, no centralized system such as EVVE that connects to all States was found.

Furthermore, the alternative to connecting to individual States, as opposed to a central connection through NAPHSIS, would require individualized agreements to be set up with each state.

Moreover, TSA staff would need to be trained to each state’s system, resulting in additional time and cost.

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

EVVE is owned and trademarked by NAPHSIS. NAPHSIS is the sole provider that can install the EVVE‐SI module at each vital records jurisdiction and configure it to work with the EVVE hub that is owned and supported by NAPHSIS. No other provider has this software or has access to the EVVE hub for processing EVVE verification or certification queries. If NAPHSIS is not awarded the purchase order the TSA will be unable to validate birth certificates which will negatively impact the enrollments under the STA process.

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

A sources sought was issued in SAM.gov on May 11, 2022, requesting that parties express their interest in writing to the contracting officer. Only NAPHSIS responded indicating that the Electronic Verification of Vital Events (EVVE) web application system is owned and trademarked by NAPHSIS. NAPHSIS is the sole provider that can install the EVVE‐SI module at each vital records jurisdiction and configure it to work with the EVVE hub that is owned and supported by NAPHSIS. No other provider has this software or has access to the EVVE hub for processing EVVE verification or certification queries.

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.

TSA fully supports competition amongst vendors. A notice of intent to sole source will be issued via SAM.gov notifying interested vendors who seek subcontracting opportunities to contact the NAPHSIS directly. Market research will continue to be conducted as this requirement progresses over time.

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13. Contracting Officer’s Certification. 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.

Contracting Officer Date

14. 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.

Technical Representative Date

APPROVAL:

Contracting Officer Date

Note: The Contracting Officer is the final approving official when the action does not exceed $750K and must also sign the justification when the contract is awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.