JandA_VirTra_system_IDIQ_contract.pdf

Justification & Approvals (J&A) Justification For Other Than Full And Open Competition

41 U.S.C. 3304

J&A No.: XXX

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 6.303-1, 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 as follows:

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.

(a) Type of action: Indefinite Delivery/Indefinite Quantity Contract

(b) Amount: $8,000,000.00 (estimated)

(c) Type of funding: Annual S&E-A

(d) Year of funding: 2016 for initial minimum buy order. Subsequent orders will be funded using available FY funds.

(e) Other brief descriptive words and phrases: CBP intends to procure on a sole source basis additional virtual training simulators which are available from only one source, the manufacturer: VirTra Systems Inc., 7970 S. Kyrene Rd, Tempe, AZ 85284

3. Description of Supplies/Services.

U.S. Customs and Border Protection (CBP), in early 2013, received three separate Use of Force Review reports that focused on uses of force in the field, policy, and training. These reports came from CBP’s Use of Force Center of Excellence (UFCE), DHS’s Office of Inspector General (OIG), and from the Police Executive Research Forum (PERF), an outside organization contracted to perform the review by CBP. The reports not only identified issues, but made recommendations. These recommendations included increasing CBP’s incident review program and, most importantly, developing and implementing training that reflects lessons learned through these reviews in a timely manner. Based on these recommendations, UFCE has installed virtual training simulator systems throughout various CBP Sectors and Field Offices around the United States.

These simulator systems allow CBP to train using environmentally specific, scenario-based training created by UFCE. Scenarios can be produced by UFCE in less than three days, without the use of contractors, outside companies, or assets. These training scenarios are able to incorporate locations, subjects and situational threats specific to CBP’s areas of operation. In addition, the training systems are able to deliver threats to the student from multiple angles on multiple screens, including non-aimed return fire to the student without the need for an instructor to manually aim a device, forcing the student to consider multiple stimuli within the surrounding area, before employing tactics and techniques. The systems also are able to deliver a full spectrum of use of force options, including multiple less lethal options.

The virtual training simulators provide the required capabilities that make it possible to create or re-create specific use of force incidents that are specific to CBP and span the entire use of force continuum. The system also helps Officers/Agent develop the necessary tactics, techniques, procedures, and decisional skills associated with tense and dynamic situations, requiring the use of force.

The requirement is to provide additional virtual training simulators which are compatible with previously purchased simulators for use of force training to CBP at a total estimated cost of $8,000,000.

Period Total Base Period 12 mos $1,600,000 Option Period 1 12 mos $1,600,000 Option Period 2 12 mos $1,600,000 Option Period 3 12 mos $1,600,000 Option Period 4 12 mos $1,600,000

Total $8,000,000

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), which is the authority underlying FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the nature of the acquisition require use of the authority cited.

CBP/UFCE has unique requirements related to virtual scenario based training, including the rapid production of use of force scenarios. In response to the recommendations provided by Department of Homeland Security, CBP, and the PERF, CBP has invested a large amount of capital in purchasing and deploying the VirTra Systems 300 LE training system throughout the United States. This action has filled an emergent need to provide improved and cost efficient use of force training for CBP law enforcement personnel with the immediate ability to create and reenact scenarios, and train responses to field level use of force reviews. The use of these systems has furthered CBP’s mission and has received tremendous positive feedback from field personnel, as well as senior management including the Commissioner.

As a result, CBP desires to expand the use of the systems to new areas of operation. It is vital, however, that any new systems, and their related components/accessories be compatible with all aspects of the current VirTra systems. Specifically, this includes the VirTra Operating System (VOS), scenario development/display, and tetherless components/accessories. A review of market research conducted by CBP indicated the VirTra VOS software is specialized, proprietary, specific to the VirTra 300 LE simulator, and was created by VirTra Systems Inc. As such, CBP-created scenarios, created on a VirTra V-Author system, can only be used on a VirTra 300 LE Simulator. Additionally, the purchase of components/accessories must also be compatible with current systems.

The proprietary nature of the VOS software and the need for interoperability support the premise that these supplies are only available from one source. Based on findings and reviews from CBP, VirTra Systems Inc. is the only provider that can provide, service and upgrade the VOS software as well as provide additional systems, and components/accessories that are compatible with the VirTra 300 LE systems already in use by CBP.

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

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

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 who have intimate training and handling experience with use of force training simulator products.

When the original simulator contract was awarded, there were five known vendors who manufactured use of force virtual training simulators. A sixth vendor had gone out of business since market research began. Specifically, UFCE visited Raydon Corp., Laser Shot, Inc., and VirTra Systems, Inc. for discussions and demonstrations of training simulators. Ti Training Corp. presented a demonstration of the Ti Lab at the Advanced Training Center. After these visits, UFCE conducted 90-day tests and evaluations of Advanced Interactive Systems PRISM, IES Interactive Training MILO, and VirTra

Range systems. Ultimately, VirTra Systems Inc. was determined to be the only vendor that met all of the government’s technical needs and requirements.

9. Any other facts supporting the use of other than full and open competition.

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. Now that a need has arisen to expand the simulator training program, market research continued through a review of vendors’ capabilities and the interoperability of the systems available. Research results indicated that there are multiple vendors still capable of providing virtual training systems. 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 providing systems compatible with the entire VirTra system, including all hardware and software components.

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.

At this time, no additional future procurements for supplies, beyond this IDIQ contract, are foreseen. If, however, a future need does arise, CBP will continue to monitor advancements in technology and innovation to ensure that competition is fostered and utilized.

A. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that this requirement meets the Government’s minimum needs and that the supporting data, which forms a basis for this justification, is complete and accurate.

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: ______ Date:

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