Justification_BEMSD_IDIQ.pdf

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

41 U.S.C. 3304

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity

The Department of Homeland Security, Customs and Border Protection Agency (CBP), Office of Acquisition, proposes to enter into a contract on a basis other than full and open competition on behalf of CBP’s Office of Information and Technology.

2. Nature and/or Description of the Action being Approved

CBP seeks to increase the contract ceiling of the Border Enforcement Management Systems (BEMS) indefinite-delivery/indefinite-quantity (IDIQ) contract HSBP1013D00021, awarded to Unisys Corporation, from $460M by $65.5M to $525.5M. This contract provides uniquely qualified experts, senior-level IT specialists and subject matter experts to support OIT’s Border Enforcement and Management Systems Division (BEMS). The selected vendor for this action is:

UNISYS CORPORATION

11720 PLAZA AMERICA DR.

TOWER III

RESTON, VA 20190

3. Description of Supplies/Services

The indefinite-delivery/indefinite-quantity contract HSBP1013D00021 Border Enforcement Management Systems (BEMS) was awarded for the development, maintenance and functional enhancement of more than 100 software applications within the BEMS portfolio that provide mission critical capabilities to secure our nation’s borders. Through this contract, CBP operates, manages, and implements mission-critical, enterprise software systems on which agents, officers, and mission support personnel rely to secure America’s Borders.

Through this contract the agency implements critical technology enhancements and development to meet functional needs of evolving mission operations, address security vulnerabilities, and maintain the functionality of integrated systems as new technology deployments, upgrades, modernizations are implemented. The requirements demand continuous management of all applications as well as intensive efforts to release improved iterations of critical solutions to meet Congressional mandates, policy directives and Executive orders. The contractor must develop and enhance technology, fully interoperable with existing platforms and systems. BEMS systems support, provided by Unisys Corporation, includes systems engineering and software development support for both mission support solutions such as personnel, facility, property and financial management systems for as well as for front-line operations such as border interception and seized asset management systems.

The contract ceiling increase is required to support the current scope of the contract and its portfolio of applications, while also satisfying emerging demands imposed upon those systems driven by various directives and as addressed in Section 5. In order to support these activities within the original period of performance of the contract, expiring in December 2019, an estimated increase of $65.5 million to the contract ceiling is required.

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”.

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

The highly complex nature of this acquisition requires Unisys Corporation’s uniquely qualified and skilled IT specialists to design, develop, test, implement, and maintain CBP information technology systems which have been built and supported by Unisys Corporation. Through the BEMS contract, CBP must maintain an IT environment that is quickly responsive to significant national events that dictate requirements or capability changes in any of the enforcement applications that protect the Homeland. Since the inception of the contract in 2013, there have been numerous external factors/directives that have resulted in the need to enhance the various systems’ capabilities. An almost immediate response is required to meet these dynamic needs to existing applications already maintained by Unisys Corporation. The introduction of new software code by any other vendor into an existing application will create a near certainty of systems failure, impacting national security at all points of entry to our nation. No other vendor possesses the expertise and ability to execute and support these near-term mission critical enforcement capabilities, security and financial audit obligations, and respond to evolving cyber security and operational threats to national security within the scope of the BEMS contract.

Unisys has the requisite cleared personnel in place with the expertise and knowledge of the BEMS infrastructure that is needed to meet the immediate requirements. Introducing an alternate source would result in unacceptable delays and mission risk associated with these systems.

The intricate and complex mission of protecting our borders necessitates the interoperability of many IT systems developed and maintained under this contract with Unisys. Immigration enforcement capabilities to support evolving and heightened scrutiny of US immigration laws has required US Border Patrol to ensure 100% prosecution of illegal immigration cases. This May 2018 directive from the Department of Homeland Security Secretary immediately added new requirements and significant expansion to track cases where prosecutions were not pursued, welfare checks and tracking of apprehended subjects, including family units and unaccompanied minors, through the entirety of their time in Federal custody.

Congress has mandated a doubling (8,500 devices) of deployed Unattended Ground Sensors (UGS) across the nation in five years beginning in FY18. As a result, Border Patrol’s solution for geospatial functionality, the enterprise Geospatial Information System (eGIS), will undergo modifications to meet this congressional mandate. These technical modifications will integrate UGS data into the eGIS geospatial user interface providing Agents with a common tactical awareness solution and ability to identify personnel potentially impacted by catastrophic events, such as hurricanes and active shooter situations. Border Patrol Agents responding to an UGS alarm can be directed to patrol in the proximity of the sensor and apprehend a group of subjects. Congress is requiring better accounting of these assets that necessitates building additional capabilities to the Sensor Management module. These requirements contribute to new performance costs for systems built and maintained through the IDIQ with Unisys Corporation.

Within cybersecurity, Unisys technical experts have supported significant increases in DHS’ and CBP security and audit mandates. With Unisys technical support, CBP must ensure compliance with the May 2017 Presidential Executive Order: Strengthening Cybersecurity of Federal Networks and Critical Infrastructure, Policy Directive 034-03: Continuous Improvement of DHS Cyber Defenses, and DHS Undersecretary for Management “Commitment Letter” requiring CBP components to conduct independent internal financial audits on their DHS CFO Designated Financial systems. In response to the requirements of the Executive Order CBP identified specific cybersecurity risks and an action plan to adequately protect the executive branch along with the determination of budgetary needs necessary to manage those risks. As a result, the agency identified 71 new security controls for CBP’s financial systems to attain and retain their Authority to Operate; the Consolidated Appropriations Act, 2018 passed on March 23, 2018 funds the execution of those controls for the 2018 fiscal year, directly contributing to the proposed ceiling increase. Inserting software code into existing applications to meet the inter-related requirements of these directives can only be done by IT experts already fluent with CBP’s current systems, such as Unisys Corporation.

To facilitate lawful trade and travel, Congressional Guidance and the DHS Appropriations Bill of 2016 required elimination of CBP Officers accepting cash for any transaction at the Ports of Entries by 2020. In response to that legislation, the CBP Office of Finance stood up the Revenue Modernization Program Management Office in 2016 which resulted in new (post-award) requirements for BEMSD.

As a result of this need, the Program for Revenue Modernization must expand technology capabilities that enhance payment options to the public, reduce potential financial and security audit vulnerabilities, and enhance CBP’s financial reporting and transparency with the Department of Treasury. Revenue collection takes time away from CBP Officers, Entry Specialists, Import Specialists, and Agricultural specialists performing their mission critical law enforcement and trade facilitation duties. Modernizing revenue collection systems will allow an estimated 180 FTE uniformed officers, currently focused on revenue collection activities, to perform law enforcement duties to protect the Homeland. Information Technology developments integral to the success and security of the Revenue Modernization Program include software updates to ECS System, designed by Unisys Corporation, to secure integration with the CBP financial system. This modernization effort of revenue systems maintained within the BEMS portfolio was imposed after the establishment of the Unisys contract but directly contributes to the required increase in IDIQ ceiling.

Unisys also developed and maintains the Global Entry Online Enrollment System (GOES) and

Decal/Transponder Online Payment System (DTOPS) which enable the public to apply for Trusted Traveler Programs, purchase, renew, transfer, and exchange user fee decals and transponders for their conveyance. With the advancement of software capabilities, and the evolution of the cybersecurity threat landscape, these databases came to present inefficiencies and cybersecurity risks. CBP must modify the functionality of the DTOPS and GOES databases to incorporate data into the CBP financial system, of which the highly sophisticated code was developed by Unisys.

As systems are adapted to meet substantial operational changes, new system vulnerabilities manifest. In conjunction, ever-growing cybersecurity threats impose greater demand on system security maintenance that could not have been anticipated in advance of directives described herein. The magnitude of technical enhancement to ensure compliance with the aforementioned directives and requirements has tripled DHS Office of Inspector General directed improvements over many applications including CBP’s core financial system, payroll system, seized assets system, and real estate/property management system. The OIG has identified system access control weaknesses including user provisioning, user recertification, user separation, and user activity logging & monitoring. As a result CBP must leverage support from experts responsible for maintaining those systems for the remediation of these findings, conducting internal assessments to identify additional risks, and the implementation of corrective actions and controls.

CBP must respond to all 2018 audit findings and rapidly remediate identified risks in these systems, all of which currently rely on Unisys expertise and capabilities. These demands further contribute to the required ceiling increase to maintain BEMS systems.

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

The Contracting Officer will synopsize this justification for Other Than Full and Open Competition at the government point of entry, FedBizOpps. The Contracting Officer will provide an opportunity for interested and qualified vendors to submit their pricing and capability for government consideration.

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

The Contracting Officer will determine that anticipated costs are fair and reasonable by ensuring consistency with current contract pricing, and other market analysis techniques according to regulation and internal policy. The Contracting Officer will seek discounts from current negotiated contract pricing, volume discounts on required hardware, negotiate cost control incentives and obtain additional price analyses by outside experts as needed.

8. Description of Market Research

Market research in accordance with FAR Part 10 was conducted in support of the initial competed BEMS

IDIQ. The government holistically examined this requirement, its complexity, responses from industry from the initial competition and concluded that only the Unisys Corporation team is presently capable of meeting this requirement. The acquisition team also internally assessed the pool of IT vendors supporting other CBP requirements in terms of potential capacity, performance, favorable pricing, and ability to immediately augment their workforce, both from a hiring and clearance perspective, and determined none to be fully capable at this time. No entity possesses both the knowledge of the collection of integrated BEMS systems, knowledge across platforms, nor a contract that can adequately support the scale and immediacy of the needs required.

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

The Unisys Corporation team is the only vendor who, in addition to the aforementioned technical expertise, has the cleared and available workforce capable of performing this requirement. To support the scale of the BEMSD system requirement, any other vendor would have to deliver highly specialized skill set with knowledge in modernized and legacy systems and application specific technical expertise across a diverse set of applications. To recruit, hire, and train personnel capable of meeting these requirements and further conducting background investigations for every employee to satisfy CBP security standards fails to support the agency’s immediate needs. The background investigation process to work within CBP facilities and on its IT systems is extensive, can take an average of five months to complete, and not all applicants are favorably adjudicated. The level of effort to meet this requirement requires a substantial workforce of a prime contractor, and likely numerous subcontractors, with equally specialized skills, for which business arrangements would need to be negotiated. It is highly unlikely that any other vendor can establish its own workforce and secure a sufficient subcontractor team to begin performance within this immediate timeframe.

The Unisys Corporation team is comprised of its own personnel and subcontractors representing at least thirty percent of its total workforce. The Unisys team is established, available and cleared to perform within the CBP environment. The Unisys team is responsible for the maintenance of BEMS systems, which require immediate enhancement and development to be responsive to cybersecurity and operational threats, and only Unisys possesses the expertise to ensure delivery of critical system enhancements to meet immediate mission needs.

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

None

11. A Statement of the Actions the Agency May Take to Remove or Overcome Barriers to Competition

The acquisition team is currently developing an acquisition strategy for a full and open competition with an award upon expiration of this contract. The strategy will include extensive industry outreach such as pre-solicitation conference, pre-proposal conference, draft solicitation and industry one-on-one sessions with government personnel. Industry will be provided with historical data and information to allow for thorough understanding of this requirement. Opportunities for small business will also be considered in terms of set-aside work and robust subcontracting plans with subcontracting requirements for small business concerns. The government will examine commerciality, contract type, incentives, multiple awards and other techniques to maximize competition and industry participation. CBP anticipates releasing a Request for Information to industry in the first quarter of Fiscal Year 2019.

12. Planning and Funding Statement.

An increase to the IDIQ maximum contract ceiling is due to an unanticipated need for additional services that support technology solutions critical to the CBP Mission with urgent and compelling mission needs. It is not due to an expiration of funding. The BEMS Program Office must continue to meet the ever evolving mission priorities and quickly respond to the priorities, regulations, mandates, and operational threats. The aggressiveness of these surge unforeseen requirements that impact existing applications renders Unisys the only means to carry out this work without interruption or negative impact to the CBP Mission.

13. Posting Requirement. CBP will post this requirement on FedBizOpps pursuant to FAR 6.305.

- signature not required -

J&A APPROVALS

18. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Above $700,000)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

19. HEAD OF CONTRACTING ACTIVITY (Per FAR 6.304(a)(3) - $13.5M to $68M)

Name (Print): _______________________ Head of the Contracting Activity

Signature: __________________________ Date: _____________

20. DHS CHIEF PROCUREMENT OFFICER (Per FAR 6.304(a)(4) - Above $68M)

DHS Chief Procurement Officer

21. DHS SECRETARY (any determination and justification for a contract awarded under FAR

6.302-7, Public Interest, regardless of dollar amount)

DHS Secretary

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