RedactedJA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3204(a)(1)

In compliance with FAR 13.501(a)(ii), this justification uses the format at Federal Acquisition Regulation (FAR) 6.303-2, modified to reflect procedures in FAR subpart

13.5 in accordance with 41 U.S.C. § 1901.

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Office of Contract Operations (CG-912), Foreign Military Sales Formal Contracts Branch (CG- 9123-3) prepared this justification for other than full and open competition.

2. Nature or Description of the Action being approved.

(a) Nature of the action:

The USCG intends to procure, on a sole source basis, Environmental Data Server (EDS) subscriptions and ArcGIS licenses and maintenance to support the Search and Rescue Optimal Planning Systems (SAROPS) for the following country under the respective International Agreement:

Bahamas, Tunisia, Malaysia, and Malta.

(b) Name and address of the contractor:

Environmental Systems Research Institute, Inc. (ESRI) 380 New York St. Redlands, CA 92373

(c) Type of action: Firm Fixed-Price Purchase Order

(d) Estimated total value (including options): $629,460.00

(e) Type of funding: Foreign Military Sales (FMS) Credit and Building Partnership Capacity

(f) Year of funding:2024

(g) Solicitation number: 70Z02324Q92200007

(h) Background information about the requirement: The USCG developed SAROPS to improve the ability to establish search areas based on environmental factors to increase the probability of successful rescue and recovery, which saves lives.

Our partner nations, working with the USCG, have adopted the same SAROPS already in USCG use.

3. Description of Supplies/Services.

The requirement entails the provision of EDS subscriptions, EDS helpdesk support, ArcGIS licenses and maintenance as needed for a SAROPS needs as described in the Statement of Work.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(a)(1) implemented by FAR Subpart 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 Require Use of the Authority Cited.

The USCG SAROPS is made up of the Graphical User Interface displayed on ArcGIS, the EDS and the Simulator (SIM). ESRI has altered ArcGIS to include U.S. Coast Guard-specific applications such as the SAR Tools Extension and SAROPS Extension. The applications work within the ArcGIS layered environment. RPS Group developed the USCG EDS, which collects, modifies, and stores environmental information for use within SAROPS. SAROPS servers request environmental information from the EDS based upon the area of interest and time parameters. Different environmental products are cataloged on the server ranging from observational systems to modeling products. The RPS Group EDS

IS. In order to ensure the correct EDS

USCG partner nations in this requirement have adopted the USCG SAROPS as their Maritime Search Planning system. To use any other GIS Display or EDS at this time would result in significant development, integration, and testing to ensure interoperability with the USCG extensions. This would result in a duplication of costs already expended on the current system as well as unacceptable delays. Delays in operational availability of each

SAROPS system would compromise Maritime Search and Rescue abilities thereby dramatically reducing the probability of success in each of those maritme domains.

In accordance with SAMM C9.7.2.7.3 Offshore Procurement (OSP), the Arms Export Control Act (AECA) § 42(b) (classified to 22 U.S.C. § 2791(c)), prohibits using funds made available under the AECA for procurement outside the United States unless the President determines that such procurement does not have an adverse effect on the economy of the United States or the industrial mobilization base. Therefore, the USCG FMS office is unable to buy ESRI s foreign-based resellers who resell and distribute domestic, U.S.-based entities who can resell ESRI products within the U.S. However, ESRI permits none of these resellers to sell or distribute internationally. Additionally, the RPS Group is a business incorporated in the United States but is foreign owned. Based on the above and coupled with the fact that only ESRI can provide both the ArcGIS and EDS that have interoperability with the USCG SAROPS Extensions, ESRI is the only source to satisfy the SAROPS requirements of Bahamas, Tunisia, Malaysia, and Malta.

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

Potential Sources as is Practicable. The solicitation will be posted on the System for Award Management (SAM). The Government will post this Justification and Approval will be posted on SAM within fourteen (14) calendar days after award.

7. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable. The contracting officer anticipates fair and reasonable prices based on numerous historical contracts with ESRI for the same products in support of other countries SAROPS procured through the FMS program.

8. Description of Market Research. USCG conducted no additional market research as the

ArcGIS and EDS must be the same as that in USCG use for the system to function without the need for additional development, integration, and testing.

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

If USCG awards to vendor other than ESRI, the new contractor will need to customize its own software to work with the USCG extensions and develop an EDS to provide thousands of data points in all areas of the globe. Such customization will require a significant amount of IT infrastructure, follow-on maintenance, and system/software updates. This would duplicate the entire original cost of the USCG SAROPS graphics user interface (GUI) and EDS effort, resulting in unacceptable delays. The current SAROPS for Bahamas, Tunisia, and Malaysia already use the ArcGIS and EDS.

10. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition. This solicitation is being released as a combined synopsis/solicitation.

No sources have expressed an interest in this acquisition at the time the Government drafted this J&A. In addition, CG-9123-3 has posted solicitations and J&As multiple times for these same products from ESRI for other countries .

Such postings did not receive any expressed written 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. Due to the technical nature of this requirement, there is no action the USCG can take at this time to overcome barriers to competition. In the future, if the USCG re-competes their entire SAROPS system, interested vendors will have an opportunity to compete for that requirement. For FMS, USCG partner nations will always use the same SAROPS as the USCG as the Coast Guard serves as global leaders in this type of technology.

12. Technical/Requirements Personnel Certification.

I certify that supporting data, which forms a basis for the justification, is accurate and complete.

Karl Harris Technical Representative

14. Cont

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.

Micha Wisniewski Contracting Officer