FBO FINAL PR No. 20117129 J&A_TEK84 Intercept .pdf

U.S. Customs and Border Protection Justification for Soliciting from a Single Source – FAR Subpart 13.5

Version 2.0 March 2018

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), Office of Field Operations, Cargo and Conveyance Security, Non-Intrusive Inspection (NII) Acquisition Program Office prepared this justification to solicit from a single source. This acquisition will be conducted in accordance with the simplified acquisition procedures for commercial items, authorized by 41 U.S.C. 1901, as implemented by Federal Acquisition Regulation (FAR) Subpart 13.5 and consistent with the content requirements of FAR 6.303-2.

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

The CBP NII program intends to award a contract to TEK84, for the procurement of two high-security, contraband detection systems. These systems will be piloted at the John F. Kennedy International Airport in New York and at the San Ysidro Port of Entry in San Diego California, where high volumes of pedestrian travelers from foreign countries enter the United States.

Pedestrian scanning capabilities in these two areas are nonexistent and time-consuming manual processes are currently in use.

3. Description of Supplies/Services.

The high-security contraband detection systems shall be capable of scanning select regions of a person’s body using a low, single dose of radiation in seven seconds or less and have an automatic shut-off for safety purposes. The system shall require no assembly; shall be relocatable; have a small footprint and fit within a standard doorway without requiring any civil works or facility modifications; and shall have no moving parts during the scanning process. The estimated cost for two systems with a five-year warranty, delivery and specialized training is $640K. After conducting a market analysis using the internet and reaching out to vendors with similar body scanning detection systems, it was determined that the TEK84 Intercept full body scanner is the only system available in the marketplace that will meet CBP’s requirements.

The capability to screen travelers entering the United States from foreign countries in a fast-paced, high-volume pedestrian environment is a significant capability gap within CBP operations. As border security increases for vehicle screening at U.S. ports of entry, Transnational Criminal Organizations (TCO) have increased their use of pedestrians for trafficking illicit drugs and contraband at international airports and in the pedestrian border crossing areas located between the ports of entry. In fast-paced, high-volume pedestrian locations, TCOs take advantage of heavy pedestrian traffic to smuggle drugs and contraband by intentionally overwhelming current operations.

The TEK84 high-security contraband detection system is capable of scanning select regions of a person’s body using a low, single dose of radiation without requiring a full body scan. The radiation dose is lower than that of an x-ray taken at a hospital, and is compliant with CBP Directive 5290-018, Section 6.4.1 (Controlled Area/Controlled zone boundary no greater than 12 feet in any direction from the system center or front face, or other exact point to measure from in open air). The TEK84 system also includes an automatic shut-off safety feature that shuts down the system if a person moves outside of the marked location where a person is required to stand

U.S. Customs and Border Protection Justification for Soliciting from a Single Source – FAR Subpart 13.5

Version 2.0 March 2018 for a scan. The TEK84 Intercept produces high-resolution scans with no distortion in seven (7) seconds or less and, a trained CBP officer is capable of making a determination in one minute or less. The system is compact, fits within a standard doorway without requiring civil works or modification to facilities and, can be moved to different pedestrian entry point at a moment’s notice.

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. 1901 implemented by the Federal Acquisition Regulation (FAR) Subpart 13.5 “Simplified Procedures for Certain Commercial Items”.

5. Demonstration That the Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited.

An analysis of the commercial market place indicated there are several vendors with systems capable of detecting concealed contraband; however, not all could meet the requirements in the Statement of Work. TEK84 is the only vendor with a detection system capable of meeting all of CBP’s safety, technical and logistical requirements and is well suited for deployment in fast-paced, high-volume pedestrian screening operations. The TEK84 Intercept detection system is compact and fits within a standard doorway without requiring civil works or any modification to airport or CBP port of entry facilities. The system is compact and relocatable and can be easily moved to a different pedestrian entry point at a moment’s notice. Market research has not identified any other competitor’s product or authorized reseller of TEK84 products that can meet CBP’s requirements to include the provisions for a five (5) year warranty included with the purchase of each system, making TEK84 the only reasonably priced source available in the market place that can meet CBPs needs.

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

Market Research was undertaken to determine what sources are currently available, and the constraints of their systems. An Acquisition Planning Forecast System record 2020050757 was published in accordance with Homeland Security Acquisition requirements.

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 for the TEK84 Intercept high security contraband detection system will be fair and reasonable based on market research conducted by the CBP NII Acquisition Program Management Office.

8. Description of Market Research.

Market research indicated that the competing detection systems, the SecurPass, Soter-RS, and B-Scan body scanning systems are not mobile or relocatable. All three systems have large footprints; will not fit within a standard doorway; require assembly and civil works for installation; have moving parts and require an individual to step up onto a moving platform and hold onto rails or a bar during the scanning process. The size and footprint of the SecurPass, Soter-RS and B-Scan systems deem them not suited for a technology demonstration in an international airport environment where space is limited and mobility is required. A lengthy