AMOC_C4I_Bridge-JA_Apprvd_5.1.17-Redacted.pdf

U.S. Customs and Border Protection Justification and Approval For Other Than Full and Open Competition

Authority 41 U.S.C. 3304(a)(2)

Version 1.0 September 2016

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Aviation, Maritime, and Border Technologies Contracting Division (AMBTCD), proposes to enter into bridge contract on the basis of other than full and open competition.

2. Nature and/or description of the action being approved.

CBP has a requirement on a sole source basis to procure Command and Control, Communications, Computers and Intelligence (C4I) system maintenance support and enhancement services in support of the Air and Marine Operations Surveillance System (AMOSS). The action being approved is as follows:

a. Type of Action: Firm Fixed Price Bridge Contract with Cost Reimbursable line Items

b. Amount: $5,000,000.00

c. Type of Funding: Operations and Support, Multi-Year Funds

d. Year of Funding: FY 2017

Approval of this Justification and Approval (J&A) provides the necessary authorization to award a hybrid bridge contract which consists of a firm fixed price (FFP) for services and cost reimbursable line items for travel, training, and site modification equipment. A bridge contract is necessary to continue the aforementioned services without interruption as a Government Accountability Office (GAO) protest has been filed against the awarded Task Order HSBP1017J00112.

The proposed contractor is:

CACI NSS, Inc.

14370 Newbrook Drive Chantilly, VA 20151-4206

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

The AMOSS system provides a real-time picture of activity over a wide portion of the Western Hemisphere by processing a collection of external data imposed over a scalable display which allows system operators to discriminate between “normal” and “suspicious” aircraft, vessels, vehicles, and other forms of conveyance. One-way or two-way data communication inputs are supplied to AMOSS by means of multiple networked external sources. Data sources include, but are not limited to, Global Positioning System(s) (GPS) and datasets from various sensors, to include plot data, track data, and air movement data.

AMOSS extends both nationally and internationally with locations in Mexico supporting the Mexico Naval Secretariat (SEMAR), Secretariat of National Defense (SEDENA)/Integrated Air Surveillance System (SIVA), Federal Police (PF) and the Bahamas supporting the Royal

Bahamas Defense Force (RBDF). Additional international support is planned and expected to extend into Canada.

This requirement is to provide professional expertise necessary to maintain, support, and expand upon a diverse assembly of integrated sensors, air movement data, and data processing into the AMOSS and support and maintain the associated telecommunications systems. These systems include a mixture of hardware and software necessary to operate at peak efficiency, 24 hours/365(366) days a year, to include weekends and holidays.

Given that the system must be continuously operated and maintained on a daily basis (including weekends and holidays), urgent and compelling circumstances which significantly affect interest of the United States will not permit while CBP implements corrective action under the protest filed with the GAO. Therefore, the performance of the bridge contract is in the best interests of the United States to avoid a compromise of national security.

FAR 6.302-2 limits the period of performance of a contract entered into under this sole-source authority to the minimum period necessary to meet the urgent and compelling requirements of the work to be performed. This bridge contract is necessary to allow continuation of services while CBP implements corrective action under the protest filed with the GAO. The period of performance is therefore a 4-month base period and 2-month option period as follows:

Period Months Total Base Period 4 Months $3,400,000.00 Option Period 1 2 Month $1,600,000.00 Total $5,000,000.00

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)(2), implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-2 entitled, “Unusual and compelling urgency.”

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

On August 24, 2012, the DHS Undersecretary for Management issued Directive 060-01 making strategic sourcing vehicles, among which EAGLE II is included, mandatory for use for all DHS components. CBP issued Requests for Proposals (RFP) HSBP1017R0002 to EAGLE II vendors under Functional Category (FC) 1, seeking proposals to provide “Air and Marine Command and Control, Communications, Computers and Intelligence (C4I) system maintenance support and enhancement services.” The resultant task order, HSBP1017J00112, awarded March 24, 2017, was firm fixed price with cost reimbursable line items with an anticipated term of 4.5 years. The performance period commenced on April 1, 2017. The Task Order was protested on April 10, 2017.

The previous contract, HSBP1011C00062, was awarded to CACI NSS, Inc (formerly L-3 Services) and expired on March 31, 2017. FAR clause 52.217-8 Option to Extend Services had already been used on this contract up to the extension period allowed of six (6) months.

This J&A is required to establish a bridge contract to allow a continuation of services while CBP implements corrective action accordingly.

Within CBP, Air and Marine Operations’ (AMO) mission supports a concerted and cooperative effort that comprises the use of air, land and sea vehicles, field offices and command and control centers staffed by law enforcement officers, and detection enforcement officers, pilots, crew and support staff to monitor various approaches, to detect illicit trafficking, and to direct appropriate interdiction actions. AMO’s mission is supported by the AMOSS C4I system. AMOSS must be kept operational as it is a national defense system that specifically fills a surveillance gap and enables the Department to detect, identify, track and respond to criminal activity in the air and maritime environment as mandated by law and strategy. AMOSS provides DHS with the capability to integrate multiple existing air and maritime sensors into a single operating picture that facilitates law enforcement response to illicit use of air and maritime conveyances. DHS, through CBP, is expressly charged by law to perform this mission. Specifically, the Homeland Security Act of 2002, Section 402, which assigns primary responsibility to DHS for (1) preventing entry of terrorists and the instruments of terrorism into the U.S.; (2) securing borders, territorial waters, ports, terminals, waterways, air, land, and sea transportation systems of the U.S.; and (3) ensuring speedy, orderly, and efficient flow of lawful traffic and commerce while carrying out these responsibilities and the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644), Section 802, which establishes Air and Marine Operations (AMO) within CBP. Any operational downtime catastrophically cripples the DHS mission requirement to detect, identify, track and respond to criminal activity in the air and maritime environment around our borders. Without the AMOSS, CBP would no longer have a law enforcement capability to track air or maritime threats to our homeland nor would we be able to provide air security support to national security events or support during natural disasters. AMOSS and its unique capability provides distinct law enforcement capabilities (access to federal law enforcement databases, special radar processors to track aircraft and vessels, additional sensor capability, etc., not available anywhere else in the federal or state government.

Overall, the AMOSS system must be operated and maintained 24 hours/365(366) days a year, to include weekends and holidays. Any interruption of system services will create vulnerability to the Nation’s critical infrastructure as the use of integrated air and marine forces to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illegal drugs, and other contraband toward and across the borders of the United States will be unavailable without the operation and maintenance of AMOSS. Uninterrupted continuation of these services is therefore in the interest of national security.

CACI has extensive relevant experience with critical 7 X 24 hour maintenance and support for key systems while also maintaining logistics, configuration management, engineering and integration, and enterprise architecture support. CACI also provides crucial sensor correlation/fusion development and fine tuning to the AMOS System which are all integral to maintaining the functionality of the AMOSS C4I system. CACI has capabilities to avoid service and support interruption due to existing on-site contractor personnel knowledgeable in the AMOSS C4I system and cleared under CBP’s background investigation (BI) requirements. CACI is the incumbent of the previous contract and can readily provide subject matter experts (SMEs) in the AMOSS and the requirements of the AMOC. Key CACI developers and engineers have been on the project for over 18 years and have extensive and unparalleled knowledge of the unique complex AMOSS software code, which enables them to rapidly solve issues and unique problems that arise and resolve new mission requirements. Being the incumbent, with engineers with average of 12 plus years’ experience on AMOC’s complex telecommunications systems affords CACI the opportunity to easily maintain critical communications and ensure their operational availability to the law enforcement mission.

It would take months to get new contractor personnel cleared, which would create a significant gap in support to AMOC. Although other contractors may be able to perform the services per proposal evaluation of the protested requirement, the amount of time for personnel to obtain the required BI clearances (approximately eight to ten months) presents an unacceptable delay to the Government. This gap in support to AMOC would have a significant impact on the organization.

CACI can effectively and efficiently support this critical and sensitive AMOSS system as it currently possesses staffing resources that have acquired detailed knowledge about the program. It would be difficult for a new contractor to develop the base knowledge concerning the AMOSS C4I system in the 180-day period contemplated under this bridge contract. There will also be a requirement for a two-month transition and that would not be practical for a 180-day period.

Under these circumstances, it is not feasible to retain the services of another contractor during this interim period. One alternative is for AMOC to use in house resources, which are not readily available as a result of budget constraints.

For these reasons it has been determined that AMOC’s requisite needs can only be satisfied by allowing the issuance of a Bridge contract to the incumbent provider, CACI NSS, Inc.

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

FAR 5.202(a)(2) exception applies. Due to urgent and compelling circumstances, the proposed contract action is made under the conditions described in FAR 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

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

CACI has provided pricing in accordance with the previously awarded Task Order HSBP1017J00112. Therefore, the Contracting Officer has determined that the anticipated proposed price for the bridge contract to be fair and reasonable based on the adequate price competition received on the protested award.

8. Description of Market Research. Market Research is required by FAR Part 10. Describe the results of your market research.

In December 2015, a Request for Information (RFI) was issued to conduct market research for the procurement re-compete for the continued services and professional expertise necessary to maintain and support a diverse assembly of integrated sensors, data processing and telecommunication systems. Several highly capable vendors submitted responses at that time which led to the re-compete of the AMOC C4I maintenance and enhancement services contract. Unfortunately, the resultant contract was protested to the GAO. Due to the urgent and compelling circumstances to award a bridge contract to avoid interruption of services, no additional market research has been performed to support this sole-source action.

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

This requirement is to provide professional expertise necessary to maintain, support, and expand upon a diverse assembly of integrated sensors, air movement data, and data processing into the AMOSS and support and maintain the associated telecommunications systems. These systems include a mixture of hardware and software necessary to operate at peak efficiency, 24 hours/365(366) days a year, to include weekends and holidays.

These services have been provided by CACI NSS, Inc. for the last five years. CACI is familiar with the system and have the necessary expertise to operate and maintain the AMOSS systems to meet the requirements of the Government without any downtime or transitional phases.

Given that the system must be continuously operated and maintained on a daily basis (including weekends and holidays), urgent and compelling circumstances which significantly affect interest of the United States will not permit while CBP implements corrective action under the protest filed with GAO. Therefore, the performance of the bridge contract is in the best interests of the United States to avoid a compromise of national security.

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

None

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.

CBP issued RFPs to EAGLE II Vendors under FC 1 of the DHS-mandated EAGLE II IDIQ contract. The resultant Task Order HSBP1017J00112 was awarded on March 24, 2017 and the performance period commenced on April 1, 2017. The Task Order was protested on April 10, 2017. This acquisition was competitive amongst EAGLE II vendors; therefore, there are no actions to increase competition for future acquisition of the same service.

It is anticipated that the corrective action being implemented under the protest filed with the GAO will allow for a contract to satisfy longer term needs which have been conducted under competitive procurement procedures.

12. Planning and Funding Statement.

This acquisition does not result from a lack of planning or the expiration of funds.