Att_2-Sole_Source_Determination_Not_Exceeding_SAT_Redacted.pdf

Attachment 1 U.S. Customs and Border Protection

Sole Source Determination For Actions Not Exceeding the SAT

March 2026

Date: June 12, 2026 PR Number: 20157296

1. Identification of the agency and the contracting activity:

Department of Homeland Security, Customs and Border Protection, Aviation Maritime and Border Technologies Contracting Division (AMBTCD) intends to enter into a contract with S&P Global Market Intelligence on a sole source basis for the renewal of ORBCOMM raw data feed of combined satellite/terrestrial National Marine Electronics Association (NMEA) 0183 Automatic Identification System (AIS) data feed for the Air and Marine Operations Surveillance System (AMOSS).

2. Nature and/or description of the item/service being procured and anticipated cost:

S&P Global Market Intelligence provides the ORBCOMM raw data feed of combined satellite/terrestrial National Marine Electronics Association (NMEA) 0183 AIS data feed. This data enhances the services otherwise available by providing data in areas not covered by government sources. This raw data depicts vessel traffic globally and must cover North, South, and Central Americas with the lowest latency and closest to real-time coverage possible. This data is different from Global Positioning Systems (GPS) which provide information on their proprietary transponders. The ORBCOMM raw data provides information on all vessels with Automatic Identification System (AIS) transponders. The anticipated price is for one year.

3. Authority to award a sole source order:1

(Check the authority below based on the procurement procedures being followed)

_________ RFO Subpart 8.4/GSAR 538.7104-3(a) ___ ____ RFO 12.102(a) _________ RFO 13.101(b)

_________ RFO 16.507-6

4. Sole Source Determination Rationale: (Check one and explain below):

For RFO Subpart 8.4, Part 12 and Part 13 procurements, check one of the following:

___ ____ Only one source reasonably available.

_________ Urgent and compelling circumstances exist.

_________ Exclusive licensing agreement exists.

1 In this document, citations to RFO Parts 8, 12, 13, and 16 are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-20 for FAR Part 8, FAR Class Deviation 25-21 R1 for FAR Part 12, FAR Class Deviation 26-01 R1 for FAR Part 13, and FAR Class Deviation 26-04 R1 for FAR Part 16, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Sole Source Determination For Actions Not Exceeding the SAT

March 2026

_________ Item peculiar to one manufacturer. If this requirement applies to a portion of the procurement, please identify that portion.

_________ Industrial Mobilization _________ Other. Explain:

ORBCOMM's Automatic Identification System (AIS) business, which tracks and monitors global maritime vessels, was acquired by S&P Global and integrated into their Market Intelligence division. S&P Global Market Intelligence is the direct provider and distributor of ORBCOMM’s satellite and terrestrial AIS data. They provide the type, location, and real time capability of data Air and Marine Operations Center (AMOC) requires to accomplish their mission. This is due to the location on their ground station infrastructure, the number of Satellite Planes that cover the Americas, and the number of satellites in the planes. The ORBCOMM infrastructure to provide this data already exists and is not something that requires development.

The data comes from ORBCOMM’s already existing architecture of satellites, and ground stations, and the data would be provided through a direct connect with the Air and Marine Operations Surveillance System (AMOSS).

AMOSS partners with multiple other government agencies and commercial providers to provide the most complete aerial and maritime surveillance picture possible. The data provided through the renewal of this ORBCOMM requirement is not available through any other means of service.

ORBCOMM AIS data is owned by and exclusively available through ORBCOMM (now S&P Global Market Intelligence) only.

Without the renewal of this contract, AMOSS will be degraded in its ability to provide the maritime domain awareness for the Air & Marine Operations office as required by Customs and Border Protection.

RFO 16.5 is Not Applicable for this action.

For RFO Subpart 16.5 procurements, refer to the exceptions to fair opportunity at RFO 16.507- 6(b) and check one of the following:

_________ The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

_________ Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

_________ The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. If the contracting officer uses the logical follow-on exception, the rationale must describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

_________ It is necessary to place an order to satisfy a minimum guarantee.

Sole Source Determination For Actions Not Exceeding the SAT

March 2026

_________ Item peculiar to one manufacturer. If this justification applies to a portion of the procurement, please identify that portion. For an order in excess of $40,000, CBP intends to provide this justification and supporting documentation along with the solicitation to all contract awardees pursuant to RFO 16.507-7(c). (*Rename this document a “Justification for Brand Name Exception to Fair Opportunity” if RFO 16.507-7 applies.)

Explanation of the rationale cited:

5. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below. (Check one and provide short explanation or description of action taken):

_________ Market Research.

Comparison of the proposed price with prices found reasonable on previous purchases.

_________ Current price List.

_________ Comparison with similar items in a related industry.

_________ Comparison to IGCE.

_________ Contracting Officer’s personal knowledge.

_________ Other. Explain:

Previous contracts and historical actuals are available to determine price reasonableness of the proposed price.