Att_1-JA_Template_above_SAT_Final_Redacted.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 AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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:

1. Agency and Contracting Activity.

Department of Homeland Security, Customs and Border Protection (CBP), Aviation, Maritime, and Border Technologies Contracting Division (AMBTCD) proposes to enter into a purchase order with NAL Research on a sole source basis.

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

CBP intends to procure, on a sole source basis, GPS satellite tracking airtime at an estimated cost of total purchase order value ( per year for a base year and four option years). We intend to use NAL Research fixed-cost plan to procure uninterrupted satellite airtime in support of the NAL Research iridium tracking devices previously purchased by the

National Aviation Training Center Oklahoma (NATC) and the Office of Air and Marine

Headquarters (OAM HQ) on CBP aircraft and vessels. The data from the tracking devices is transmitted to satellites and received at a ground station. NAL receives the data and transmits it to AMOC.

Contractor:

NAL Research Corporation

9385 Discovery Blvd, Suite 300

Manassas, VA 20109

3. Description of Supplies/Services.

This requirement is for the uninterrupted twenty four hour receipt of satellite tracking data from NAL to the UniTrac server located at the Air and Marine Operations Center in

Riverside, CA and servers located with NAL Research in Manassas, VA. This connection will allow the iridium GPS satellite tracking device information from the iridium tracking devices already on hand to be transmitted to and displayed at the Air and Marine

Operations Center. Estimated cost is for a one year purchase order and four option years, as set forth below.

NAL Research’s iridium tracking devices have been tested with the NATC and have been proven to be successful in all environments, including northern latitudes. The NAL tracking devices are purchased under a separate contract. The devices employed are FAA approved for installation in aircraft. The tracking devices are used for intelligence gathering and tracking

Customs and Border Protection Unmanned Aerial System aircraft (UAS). The tracking devices have proven to be accurate within 10 meters and will operate in adverse environments.

The services procured under this contract action will directly support the NAL Research

Iridium tracking devices purchased by the NATC and OAM HQ. No other vendor can

Justification and Approval For Other Than Full and Open Competition provide the satellite tracking airtime required as only NAL Research satellite airtime will work with the NAL Research iridium satellite tracking devices already on hand.

Period Unit Price Total

Base Period 12 mos

Option Period 1 12 mos

Option Period 2 12 mos

Option Period 3 12 mos

Option Period 4 12 mos Total

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. 253(c)(1) implemented by the Federal Acquisition Regulation (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 Requires Use of the Authority Cited.

The GPS information derived from NAL Research satellite tracking devices already on hand is proprietary and dependent upon the vendor’s infrastructure. This means that in order to effectively use the NAL Research satellite tracking devices, one must also use the NAL

Research satellite tracking airtime. This concept is similar to that of a cell phone, where one purchases a particular cellphone (i.e., the device) from a specific vendor (e.g. Verizon) and that same vendor provides the airtime. While other vendors offer satellite tracking airtime, these vendors’ services would not be compatible with the NAL Research satellite tracking devices already on hand and in use. To offer this requirement up to competition would require new satellite tracking devices, which would cost the government an estimated $241,000.00 and interrupt operations, which could adversely impact national security. This is only for the actual hardware. Additional costs will be ncurred to meet FAA requirements and installation. Therefore, it is most advantageous for the government to procure these services from NAL Research using the sole source authority cited above.

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

Offers where not solicited under beta.sam due to the fact another CBP Air and Marine

Operations (AMO) facility purchased the NAL Research hardware and the AMOC funds the airtime.

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 other market conditions and historical pricing for the services provided from NAL Research. The devices and services have been used in the past by Air and

Marine aircraft and vessels.

Justification and Approval For Other Than Full and Open Competition

8. Description of Market Research.

The internet was searched for a list of contractors that could provide the software (or compatible software) and infrastructure needed to meet the requirement. The market research showed that only NAL Research could provide the services and hardware needed to satisfy this requirement. This is because the GPS information derived from

NAL Research satellite tracking devices is proprietary and dependent upon the vendor’s infrastructure (i.e., use of the vendor’s satellite tracking airtime services), as noted above in section 5.

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

CBP has determined that NAL Research tracking devices are the best available to use in supporting both law enforcement investigations and tracking CBP aircraft. We currently have a direct secure internet connection to NAL servers for the GPS data and changing would interrupt our support of law enforcement investigations and operational efforts, which could adversely impact national security.

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

Acquisition.

N/A

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 utilizes NAL Research tracking devices in current cases to support investigative efforts by other law enforcement agencies. To change to another vendor would result in the loss of GPS data supporting active investigative efforts and operations. If CBP determines in the future that it is necessary and cost effective to move away from the NAL

Research tracking devices it currently uses for a new product and related satellite tracking airtime service, it will open such acquisition to competition.

12. Posting Requirement. CBP will post this requirement on Beta.Sam pursuant to FAR

6.305.