CBP AMO AWI JA SAM Redacted.pdf

JUSTIFICATION 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 6.302, 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(b) as follows:

1. Agency and Contracting Activity.

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

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

(a) Nature of action:

CBP intends to award a contract on the basis of other than full and open competition for 21 new 38’ All-Weather Coastal Interceptor Vessels (AWI). The requirement is in support of the AMO vessel fleet.

(b) Name and address of the contractor:

SAFE Boats International, LLC 8800 SW Barney White Road Bremerton, WA 98312

3. Description of Supplies/Services.

Customs and Border Protection, Air and Marine Operations (AMO), requires the procurement of 21 new 38’ All Weather Coastal Interceptor (AWI) vessels, in addition to associated training and trailers. The AWI is a piece of technical equipment that AMO uses for interdiction and other law enforcement work in areas of inclement weather. To promote safety, maintain operational viability and to standardize the fleet, AMO intends to procure up to 21 new 38’ AWI in FY22 from SAFE Boats International, LLC. The total estimated contract value is .

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 Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

In accordance with FAR 6.302-1(b)(4), use of this authority may be appropriate when the agency head has determined in accordance with the agency’s standardization program that only specified

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) makes and models of technical equipment and parts will satisfy the agency’s needs for additional units or replacement items, and only one source is available.

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

(a) Rationale for using the authority cited in section 4 of the J&A;

FAR 6.302-1 permits the use of other than full and open competition when only one responsible source and no other supplies or services will satisfy agency requirements. The Agency Head has determined in accordance with the CBP Standardization Policy, consistent with FAR 6.302- 1(b)(4), that standardization of the AWI fleet is necessary to ensure safety and maintain operational flexibility.

The “CBP Materiel Acquisition Standardization Policy” was issued through the CBP Component Acquisition Executive’s office in accordance with the FAR and HSAM. This document states that “Non-standardization of operationally critical systems and equipment has wide ranging implications that directly impact lifecycle costs as well as the safety and efficiency of U.S.

Customs and Border Protection (CBP) operations and the sustainment of CBP materiel.” Based on an assessment of the operational requirements and potential consequences of introducing a new vessel model to the fleet, it has been determined to pursue standardization for the following reasons: reducing the duplication of costs related to operations and sustainment of different configurations of AWI, increasing safety, and increasing operational flexibility nationwide. The “CBP Materiel Acquisition Standardization Policy” serves as the agency’s standardization program and provides the process for the agency head to determine if specified makes and models of technical equipment and parts will satisfy the agency’s needs, and only one source is available.

Not only does standardization help to maintain safer operations, standardization also promotes efficiency and increases sustainability over the service life of the CBP assets. Significant cost avoidance is associated with maintenance, repair, supply, training, administrative costs, and operations.

The procurement of 21 new 38’ AWIs from the current vendor and Original Equipment Manufacturer (OEM) (SAFE Boats International, LLC) is a critical effort to achieve standardization and streamline AMO AWI to ensure the safety of Marine Interdiction Agents (MIA) and the U.S. Citizens and travelers that AMO is charged with protecting, and to realize sustainment and training cost savings. The MIA seeks to be able to conduct operations on a vessel in complete darkness and with 100% success rate. The MIA must have confidence that all vessels handle and perform the same during high-speed, high-risk missions. Handling characteristics hinge upon vessel dimensions and layout. The vessel dimensions and layout, equipment, weapons, and training of every MIA must be exactly the same to reduce serious injury or loss of life. SAFE Boats International is the only vendor that provides a 38’ vessel in the same configuration with the same maneuvering characteristics as those already in AMO’s

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)

AWI fleet. Other vendors may produce the same length of vessel with similar attributes, but each individual configuration and design provided by each individual vendor handles differently and has different combinations of proprietary arrangements and design which affect how the vessel operates and MIA might perform their mission. Muscle memory based on standard configurations allows an agent to focus all of their attention on situational awareness and to react consistently to required tasks under pressure in varying sea states. Task saturation is prevented and the operator can focus on crew safety and the threat. Configurations also impact handling characteristics; meaning turn radius, shock absorption, acceleration and deceleration vary between manufacturers. Operating vessels with different handling characteristics threaten operational effectiveness and safety, especially during high-speed pursuits and interdictions.

Operation of vessels from the same manufacture alleviate the handling discrepancies associated with alternating between vessels from different manufacturers.

As Safe Boats does not authorize resellers of its vessels, they are the only source for this requirement. Though other vendors may be able to include the required technical elements for the 38’ AWI that affect the hull shape, longevity, handling, and power ( , ), the configuration, handling, and therefore safety and operational effectiveness would be different than the current 38’ AWI in AMO’s fleet.

Therefore, no other vendor can produce a configuration with the identical form fit and function.

In addition to the operational safety and mission effectiveness associated with a standardized fleet, standardization will result in an estimated minimum cost avoidance of over the lifecycle of the acquisition, which is not expected to be recoverable through competition. It should be noted that should AMO seek to standardize the entire subclass with a different vendor’s configuration (a total of 33 vessels, plus trailers and training) the total cost for that new configuration based on market research and the IGCE methods would be approximately .

This cost was not included in the actual estimated savings. In summary, the agency has 1) a need for 21 38’ AWIs for its AMO fleet; 2) no other products, designs, or configurations can meet the agency’s need as the agency head has determined in accordance with FAR 6.302-1(b)(4) and the CBP Standardization Policy that standardization is necessary in this acquisition in furtherance of safety, operational flexibility, and cost considerations; and 3) only SAFE Boats International, LLC has the exact model already deployed in AMO’s fleet, no other contractors’ products are identical in form, fit, and function, and there are no authorized resellers of the SAFE model required.

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

A Request for Information (RFI) was released to industry on March 3, 2021 through the U.S.

General Services Administration’s Market Research As a Service. The Contracting Officer will transmit a pre-solicitation notice of intent to Sole Source this acquisition to the Governmentwide point of entry via beta.sam.gov as required by FAR 5.2. In accordance with FAR