J A-PR_20086966_Redacted.pdf

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

Requisition No.

JUSTIFICATION AND APPROVAL

CBP Directive 5220-031C

This Justification and Approval (J&A) is made to support the use of one of the following: (1) Other than Full and Open Competition under the authority of 41 U.S.C. 253(c) (Competition and Contracting Act--P.L. 98-369)-See FAR 6.303-1 & -2; or (2) Sole source (including use of a specific brand name) under the Test Program for Certain Commercial Items under the authorities of section 4202 of 40 U.S.C. 1401 (Clinger-Cohen Act) or 41 U.S.C. 428a (Service Acquisition Reform Act)-See FAR 13.501; or (3) Limited sources (including an item peculiar to one manufacturer) in ordering under the authority of the Multiple Award Schedule Program - General Services Administration or Veterans Administration Schedules (41 U.S.C. 251, et. seq., Title III of Federal Property and Administrative Services Act or 40 U.S.C. 501, Title 40 of the Services for Executive Agencies)-See FAR 8.405-6.1.

1. Description of Action:

2. Description of Supplies/Services:

4. Requisition Number:

5. Name(s) of Proposed Source(s):

CBP Form 445 (12/08)

This requirement

Tucson Sector has a requirement on a sole source basis to upgrade existing Solar Light Tower (SLT) model 800 series to SLT 1200 series for continuous overnight operations and year-round operations at an estimated cost of .

will will not provide for a bridge contract. Former Contract/Order No.

Contractor will provide parts and service to convert 35 current SLT 800 series units to SLT 1200, via upgrade kits, at ea. The kits include the following items per unit:

• 4 pk - 100 watt Solar Panel kit

• 4 pk - Mounting Bracket Kit for Solar Panels

• 1 ea - Sunsaver Controller Module

• 1 ea - Waterproof Container for Sunsaver Control Module

• 1 ea - Assorted Wiring Harness Kit The requirement is to provide upgrades to existing equipment in order to offset current power consumption and charging rates against operational periods and mission requirements. This will increase the charging capability and operational periods.

The contractor will have a period of six months to complete the installation of the 35 upgrade retrofit kits from the date of award. The full price of will be covered within the same period.

3. Total Estimated Cost/Price (includes all option periods, quantities, and/or system life cycle costs listed in Block 2)

20086966

Progress Solar Solutions 1108N. New Hope Road Raleigh, NC 27619

20086966

REQUISITION NO.

6. JUSTIFICATION

Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information: (Attach additional pages as needed.)

A Demonstrate the proposed contractor's unique qualifications or specific circumstances of the acquisition that require use of the authority cited. (includes sole source or brand name products/specifications under either FAR 6.302-1 or 13.501) If ordering under the Multiple Award Schedule Program, the justification for restricting consideration to fewer than the required number of GSA or VA schedule contractors in FAR 8.405-1 or -2 or a specific brand name product should be discussed.

B Describe the efforts taken to ensure offers will/were solicited from as many potential sources as is practicable, including whether a notice was or will be published as required by FAR 5.2, and if not, which exception under FAR 5.202 applies. Attach a copy of the notice and responses, if applicable.

C Demonstrate the anticipated cost to the Government will be fair and reasonable. In justifying consideration of GSA or VA schedule contractors fewer than required in FAR 8.405-1 or -2 or a specific brand name product when ordering under the Multiple Award Schedule Program, include a determination that the order to be awarded represents the "best value" consistent with FAR 8.404(d).

D Describe and document the market research that was conducted and the results, or include a statement of the reasons market research was not conducted. (See FAR Part 10). If actions were taken by Procurement Directorate personnel to satisfy this requirement, such as a "sources sought" synopsis (FAR 5.2), describe those actions. Provide documentation as attachments. In justifying consideration of fewer than the required number of GSA or VA schedule contractors in FAR 8.405-1 or -2 or a specific brand name product, include a description of the market research conducted among schedule contract holders and the results or a statement of the reasons market research was not conducted.

CBP Form 445 (12/08)

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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".

TCA has purchased SLT 800 Light Towers through a competitive purchase, PO HSBP1014P00629, with Progress Solar Solutions, LLC. Upgrading the equipment from the SLT 800 series to the SLT 1200 series requires additional equipment and services from the original manufacturer to avoid voiding the warranty of the original units.

Pricing will be fair and reasonable based on existing equipment (SLT 800 series) purchase price compared to the purchase of the heavier grade equipment (SL T 1200 series) from the factory. The price for the SLT 800 series unit is each and the SLT 1200 series lists for each with a price difference of per unit. The quoted price to upgrade each unit from the original manufacture (Progress Solar Solutions, LLC.) SLT 800 series to the SLT 1200 series is each. This is a savings of per unit or a total savings of .

The internet was searched for a list of contractors that could provide compatible equipment that would work with Progress Solar Solutions, LLC equipment. The market research showed that the only equipment available that will not void current equipment warranty is from Progress Solar Solutions, LLC. The original manufacturer is the only provider for the upgrade that installs within the warranty and without major unit modifications. There are no distributors, other than Progress Solar Solutions, able to support this upgrade within the warranty and original manufacturer equipment specifications.

REQUISITION NO.

E Describe any other facts supporting the use of other than full and open competition (See FAR 6.303-2(a)(9)(i)-(iii)), or limited source consideration of GSA or VA schedule contractors (See FAR 8.405-6(e)(2)(vii)) or use of a specific brand name product.

F List sources, if any, that expressed an interest in the acquisition.

G If future acquisitions are planned for the same supplies or services, include (1) a statement of the actions that will be taken to remove or overcome any barriers before commencing any subsequent acquisitions (includes barriers that preclude considering the minimum number of GSA or VA contact holders required by FAR 8.405-1 and -2 or other than a specific brand name product in ordering under the Multiple Award Schedule Program); and (2) a statement of the actions and the results that were taken to increase competition as described in past justifications for the same supplies or services (if applicable).

H Include a statement that this acquisition does not result from a lack of planning or the expiration of funds.

CBP Form 445 (12/08)

20086966

The upgrade requirement concerning modifications for current SLT 800 series to SLT 1200 series is determined by current operational parameters. If upgrades are not completed by the manufacturer, current light towers will not support continuous operations creating agent safety concerns.

No sources other than the original equipment manufacturer have been identified or expressed an interest in this acquisition.

TCA will upgrade the 35 SLT 800 units purchased during 2014. Once the SLT 800 units are upgraded, all future purchases for solar light towers will be competed using the SLT 1200 series specifications.

This acquisition does not result from a lack of planning or the expiration of funds.

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12. STATUTORY AUTHORITIES FOR CONTRACTING WITHOUT PROVIDING FOR FULL AND OPEN

COMPETITION (41 U.S.C. 253(c)) (OTHER THAN FULL AND OPEN COMPETITION).

THE COMPETITION IN CONTRACTING ACT OF 1984

Public Law 98-369Check ( one only):

41 USC 253(c)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements

This authority shall be used in preference to Public Interest. It shall not be used when any of the other circumstances is applicable. (Explain what makes this contractor the only responsible source: i.e., Does this proposed contractor have facilities or equipment that are specialized and vital to the effort? Is the proposed contractor the only one that can meet critical schedules? Does the proposed contractor have prior experience of a highly specialized nature vital to the effort? Why is a particular brand name essential to the Government's requirements? Why won't any other product or service satisfy the need?

Describe market research and analysis leading to this conclusion.)

41 USC 253(c)(2) - Unusual and compelling urgency

This authority applies in those situations where (1) an unusual and compelling urgency precludes full and open competition;

and (2) delay in award of the contract would result in serious injury, financial or other, to the Government. (Explain why the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless it limited the number of sources. Solicitation from as many potential sources as is practicable under the circumstances is required.)

41 USC 253(c)(3) - Industrial mobilization; engineering, developmental or research capability; or expert services

This authority applies when it is necessary to award the contract to a particular source or sources in order to: (1) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; (2) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or (3) to acquire the services of an expert for any current or anticipated litigation or dispute. (Does the proposed contractor have facilities and equipment that are vital in the event of a national emergency? Is the proposed contract to maintain properly balanced sources of supply for meeting the requirements of acquisition of programs in the interest of industrial mobilization? Is the proposed contract to create or maintain the required domestic capability for production of critical supplies by limiting competition to items manufactured in the United States, its outlying areas, or Canada?)

41 USC 253(c)(4) - International agreement

This authority may be used when the acquisition is to be reimbursed by a foreign country that requires the product to be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or, when services are to be performed, or supplies are to be used, in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited. (Cite the international agreement or treaty between the United States and the foreign government or international organization that precludes full and open competition. Provide the written directions of the foreign government reimbursing the agency for the cost of the acquisition, which precludes full and open competition.)

41 USC 253(c)(5) - Authorized or required by statute

This authority may be used when a statute expressly authorizes that the acquisition be made through another agency or from a specified source. (Cite the authority that expressly authorizes that the acquisition be made through another agency or from a specified source, and attach a copy of the statute.) Note: While this statutory exception includes qualified non-profit agencies for the blind or other severely disabled and the small disadvantaged business 8(a) set-aside program, a J&A is not required for this type of procurement.

41 USC 253(c)(6) - National security

This authority may be used for any acquisition when disclosure of the Government's needs would compromise national security. It shall not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract. (Explain why the disclosure of the Government's needs would compromise the national security or violate security requirements.)

41 USC 253(c)(7) - Public interest

This authority may be used when none of the other authorities above apply. Individual justification, Secretarial approval, and Congressional notification 30 days before award of the contract are required.

CBP Form 445 (12/08)

20086966REQUISITION NO. Page 5 of Pages6

INSTRUCTIONS FOR COMPLETING FORM

Recommended Order of Signature Review /Approval Block 7 - Requisitioning Office Representative (over $100,000)

(over $550,000)

Block 11

- Head of Contracting Activity (CBP)(over $11.5 Million)

- Assistant Commissioner, Office of Finance and Chief Procurement Officer (DHS) (over $57 Million)

Block 8 - Assistant Commissioner : Responsible for certifying that the Requisitioning Office is submitting an accurate and complete justification.

Block 9 - Small Business Specialist: CBP procurement employee who will conduct a search for small business or other socio-economic concerns capable of participating in the acquisition.

Block 10 - Contracting Officer: CBP procurement employee who will be signing the obligating document for the contractual action.

Block 1 - Description of Action: Describe the proposed solicitation or contract. At a minimum, address each of the following:

(A) Identify the solicitation, contract, modification, or delivery order number(s), as applicable.

(B) Identify the circumstances necessitating the use of an authority for "other than full and open competition."

(C) Identify any special terms or conditions, which would impact the competitiveness of the acquisition.

(D) Is this a best value solicitation? If so, identify the general evaluation criteria to be used.

(E) What type of funds will be utilized (O&M, Forfeiture, etc.)?

(F) What type of contract is proposed (fixed price, cost type, etc.)?

Block 11 - Reviews and Approvals: If any person required to sign in these blocks does not approve, the J & A shall be returned to the requisitioner with a written determination as to why the J&A was not approved. When appropriate, an informational copy of the determination is to be forwarded to the Contracting Officer and the Competition Advocate. All signatures required on the form must appear in order for the J&A to be valid.

Block 2 - Description of Supplies/Services: Describe the supplies or services (or combination thereof) required, in sufficient detail to ensure that this J&A can be linked to the resultant contract action. Be sure to identify the specific system to which the requirement applies. Identify the requisitioning office, location, and purpose of the acquisition. Give a detailed estimate of the dollar value of the contract action, broken out by basic and optional performance periods, quantity requirements, or system life cycle costs. Describe and give the estimated value of each.

Block 3 - Total Estimated Cost/Price: This is the total value of the proposed contract action.

Block 4 - Requisition Number: Provide the SAP Procurement Requisition Number.

Block 5 - Name(s) of Proposed Sources: Be sure to list more than one source as a proposed contractor, unless you are citing an authority that requires a specific source. For example, if the acquisition is being conducted under 41 U.S.C. 253(c)(2), Unusual and Compelling Urgency, soliciting as many sources as is practicable is still required unless the justification for urgency contains detailed documentation to show that it is not practicable under the circumstances.

Block 6 - Justification: Each justification must contain sufficient facts and rationale to justify the use of the specific authority cited.

At a minimum, each justification must include the elements listed as A through H on the form.

CERTIFICATIONS, REVIEWS AND APPROVALS

NOTES:

(A) If a significant change to the scope of the requirement or cost estimate is made at any time, an amended J&A must be submitted and re-routed through all reviewers and approvers. A transmittal memorandum shall accompany the amended J&A explaining the difference between the original and amended justifications.

(B) Further guidance in preparing J&A's can be found in the Department of Homeland Security's J&A Guide available electronically on the DHS website (Competition Advocacy Channel - Acquisition Policy & Oversight).

(C) Page 5, Statutory Authorities for Contracting Without Providing for Full and Open Competition, may be replaced with the applicable Page 5 alternate (J&A's for Sole Source under the Test Program for Certain Commercial Items - FAR 13.5 OR Limited sources - FAR 8.405-6) when submitting a J&A for those actions.

Block 7 - Requisitioning Office Representative (Technical Expert): Responsible for completing Blocks 1 through 6, checking only one statutory authority for "other than full and open competition" in Block 11 (page 5), and completing Block 7. Send the J&A with a copy of the procurement request (PR) to the Procurement complete with all required information to support the justification.

FINAL DISTRIBUTION:

Original - Contract File (Contracting Officer) Copy - Procurement Copy - Procurement Copy- Competition Advocate

CBP Form 445 (12/08)

Block 8 - Assistant Commissioner (Requisitioning Office)

Block 9 - Small Business Specialist (over $100,000) Block 10 - Contracting Officer (over $100,000)

- Competition Advocate (CBP) (over $550,000)

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