Limited_Sources_Justification_HSBP1016D00013.pdf

Sole Source Justification (SSJ) Simplified Procedures for Certain Commercial items for procurements exceeding the Simplified Acquisition

Threshold (> $150,000) pursuant to FAR Subpart 13.5, including Brand Name

Date: May 15, 2016 PR Number: 20090494

This SSJ is pursuant to the requirements under the authority of the test program for commercial items at 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.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Customs & Border Protection (CBP), Mission Support Contracting Division – West Branch, intends to award a sole source contract on behalf of the CBP Office of Training and Development (OTD) Use of Force Center of Excellence.

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

CBP intends to award a sole source contract to VirTra Systems Inc., 7970 S. Kyrene Rd, Tempe, AZ 85284 using Simplified Procedures for Certain Commercial Items without seeking competition for maintenance and repair services for CBP’s currently owned VirTra 300 systems. This action is being taken pursuant to FAR 13.501. VirTra Systems Inc. is the only company that provides the type of upgrade services required to support the agency needs and ensure continued system operation.

3. Description of Supplies/Services.

The requirement is to provide upgrades and maintenance support of VirTra 300 simulators, software, and accessories. The service required is specific to the specifications of the Virtra 300 simulators (V300) and VirTra software that CBP procured from VirTra Systems, Inc. The services provided will include, but are not limited to continuous software upgrades in the Virtra Operating System, preventative service and training visits at the CBP sites that house V300 simulators, parts and labor in the event of a nonfunctioning system, unlimited technical support via telephone and email, and remote internet assistance.

Additionally, the service will enable the continued usage and training on the virtual training simulators that have been installed around the U.S. Furthermore, this will allow the continued creation of scenarios as new use of force incidents arise; and continued training on procedures, and decisional skills associated with tense and dynamic situations, requiring the use of force. Therefore, an extended service plan from VirTra will provide CBP with continued support of the VirTra 300 systems which CBP has already procured. Essentially, this will accomplish the goals of the Office of Training and Development, and comply with the recommendations provided by Department of Homeland Security, CBP.

Simplified Procedures for Certain Commercial items for procurements exceeding the Simplified Acquisition

Threshold (> $150,000) pursuant to FAR Subpart 13.5, including Brand Name

Period Per Yr Unit Price

Total

Base Year 28 Units $41,035.00 $1,148,980.00 Option Year 1 28 Units $41,035.00 $1,148,980.00 Option Year 2 28 Units $41,035.00 $1,148,980.00 Option Year 3 28 Units $41,035.00 $1,148,980.00 Option Year 4 28 Units $41,035.00 $1,148,980.00 Total $5,744,900.00

4. Identification of the authority. This action is being taken under the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

VirTra is the only provider that can service and upgrade the brand-name VirTra Operation System (VOS) software. This specialized software is specific to the VirTra 300 simulator and was created by VirTra. The VOS software needs periodic upgrades which requires specialized technical support. CBP requires that the HKP2000 service weapon is used when training in the V300 simulator. VirTra is the only company that provides such a specialized kit that can be used with the CBP issued HKP2000 on the V300 system.

Further, VirTra holds the ability to provide service repairs for such devices. Specifically the P2000 recoil kits require service on a yearly basis. VirTra provides each simulator site with a specialized refill station that requires periodic maintenance or replacement.

VirTra Systems, Inc., is also the only company that provides an electronic impulse device to simulate consequences during the scenario-based training. This specific piece of equipment must be serviced by VirTra.

VirTra has a unique method of wiring and numbering the viewing screens so that they match the software. VirTra is the only company that understands how the screens are numbered and wired to fit the software specifications.

A service plan with VirTra will enable CBP the capability to resolve any issue that arises in the V300 system. This is mainly because VirTra is the only company that has the trained experts to work on the VOS. This service plan will allow CBP to maintain its simulator training program and comply with DHS and CBP policy.

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

A FedBizOpps notice of this requirement will be publicized, as required by FAR 6.305(a).

Simplified Procedures for Certain Commercial items for procurements exceeding the Simplified Acquisition

Threshold (> $150,000) pursuant to FAR Subpart 13.5, including Brand Name

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on published catalog prices along with a comparison against similar procurements.

8. Description of market research.

Market research for simulator systems has been ongoing since October, 2012. This research was conducted via the internet, with vendors, and with specific civilian contacts that have intimate training and handling experience in the aforementioned products.

When the original simulator contract was awarded, there were five known vendors who manufactured use of force virtual training simulators. A sixth vendor has gone out of business since market research began. VirTra Systems Inc. was determined to be the only vendor that met all of the government’s technical needs and requirements. As such, a Firm-Fixed Price Task Order was placed against its GSA schedule for 27 units (in addition to a single unit originally purchased for test and evaluation for a total of 28 units.)

Now that these systems need to be maintained, market research continued through a review of vendors’ capabilities and interoperability of the systems purchased. A review of the research results indicates that there are multiple vendors capable of providing general hardware maintenance. However, due to the proprietary nature of the software involved as well as certain proprietary accessories, the original equipment manufacturer is the only vendor capable of servicing the entire system, including all hardware and software components.

9. Any other facts supporting the justification.

CBP currently has 28 VirTra simulators deployed throughout the country. These simulators play a vital role in the continued training of Agents/Officers on procedures, techniques, and decisional skills associated with tense and dynamic situations requiring the use of force, which can have life or death consequences. Also, only VirTra Systems, Inc. is capable of servicing and repairing these systems. To allow these systems to become inoperable due to software technical issues or a lack of maintenance would be detrimental to the agency and irresponsible to the tax payer.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

None

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

Simplified Procedures for Certain Commercial items for procurements exceeding the Simplified Acquisition

Threshold (> $150,000) pursuant to FAR Subpart 13.5, including Brand Name

At this time, no future procurements for services and maintenance are foreseen. If, however, a future need arises, CBP will continue to monitor advancements in technology and innovation to ensure that competition is fostered and utilized.

12. CBP intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a).

JUSTIFICATION CERTIFICATIONS

A. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

B. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

*In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $650,000 shall constitute approval of the J&A.

Name (Print):

Contracting Officer

Signature: __________________

C. SMALL BUSINESS SPECIALIST CERTIFICATION (over $150,000)

I certify that I have conducted a search for small businesses and other socio-economic concerns capable of participating in this acquisition.

If any were found, a list is attached.

Name (Print):

CBP Small Business Specialist

Signature: __ ______

III. J&A APPROVAL

A. COMPETITION ADVOCATE (over $650,000)