70T05022C5900N004_J and A_Redacted.pdf

Justification and Approval Template FAR Part 6 authority

U.S. Department of Homeland Security Transportation Security Administration

6595 Springf ield Center Drive Springfield, Virginia 20598

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Cite authority, e.g., 41 U.S.C. 3304(a)(1-7))

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 6.303-2 as follows for JA-2022-05-0853:

1. Agency and Contracting Activity.

The Transportation Security Administration (TSA), Office of Contracting and Procurement, and Office of Security Operations (SO), Office of Security Capabilities (SC), and Office of Global Strategies (GS) 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.

Include the following information:

(a) Type of action: Firm Fixed-Price Contract;

(b) Amount:

(c) Type of funding: Operations and Maintenance funds;

(d) Year of funding: FY22 ;

(e) Sole Source contract to OAG Worldwide Aviation LLC, 550 W Van Buren Street, Suite 1520, Chicago, Illinois 60607

3. Description of Supplies/Services.

This procurement is for a commercial online internet subscription tool that gives Transportation Security Administration’s (TSA), Office of Security Operations (OSO), Office of Security Capabilities (OSC), and Office of Global Strategies (OGS) the ability to perform ad-hoc queries of flight data between monthly data deliveries for planning and analysis purposes. The analyzer tool will allow TSA to access the largest industry-leading databases, a tool that brings the highest level of advanced data analysis functionality, rapid access to detailed reports, historical data, and support for allocating resources at airports with the most up to date information available for the airline industry. OAG Worldwide Aviation is the only company that provides this intelligent analysis tool with access to the largest airline databases in the industry.

Justification and Approval Template FAR Part 6 authority

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 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 Require Use of the Authority Cited.

The analyzer tool provided by OAG Worldwide Aviation allows TSA to react quickly to mission need by providing these reports within an hour or two depending on the complexity. Based on the market research conducted, there is no comparable analyzer tool available. Competitors lack critical data needed to make necessary volume forecasts.

Prior, when the analyzer tool was not available, queries from multiple databases were generated manually and then sorted according to mission need. This process took an inordinate amount of time involving days dedicated to each type of report. Not utilizing the analyzer tool will cause delays in getting the flight data information to the field for mission support, and additional costs in labor hours to analyze the data manually.

Upon performing in-depth market research, it has been shown that OAG’s competitors do not have the necessary data for TSA to utilize. For example, some datasets do not show the “Effective To” and “Effective From” dates, Travel length was shown in Kilometers and not Miles, and datasets were also missing codeshare flights and the number of stops a flight is making before its final destination. All of these are requirements for imports into TSA’s staffing model. Without the correct data, Security Operation’s mission could be compromised.

6. Description of Efforts Made to Ensure that Offers Are Solicited from as Many Potential Sources as is Practicable.

The previous 2012 contract with OAG Worldwide Aviation (HSTS05-12-C-WFU002) was competed in FedBizOpps. Two proposals were received: OAG Worldwide Aviation, and Aviation Software. Aviation Software’s products did not meet the requirements for this effort; the products were not able to produce the data reports necessary to support the mission need. Since the competitive solicitation in 2012, TSA continues to conduct market research on the internet and GSA schedules. TSA has found no other sources offering a commercial analyzer tool capable of pulling flight information needed for flight scheduling analysis were identified. The Market research conducted in 2022 showed a potentially capable GSA vendor;

however, after months of evaluation the vendor could not provide the necessary data and analyzer to fulfill the needs of Security Operations mission. Because of this, a sole source contract was awarded to OAG directly for the current contract. Due to market research discovery, it has been determined that a sole source approach is the only viable option due to limited competitors and data availability.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on prior acquisition history.