JA_Portal_Relocation_07132016.docx

SOLE SOURCE JUSTIFICATION FOR SIMPLIFIED ACQUISITION UNDER THE TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS (FAR 13.5) Procurement Request #20091107

1. Agency and Contracting Activity.

CBP, Non-Intrusive Inspection Program Management Office (NII PMO) within the Office of Information Technology (OIT), proposes to enter into a contract on a basis other than full and open competition. This document sets forth the justification and approval as required by FAR 13.501(a).

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

CBP's Non-Intrusive Inspection (NII) program has a requirement for the relocation and installation of two Z-Portals to Hidalgo, Texas and Pharr, Texas with an expected value not to exceed the $2,200.000. It is CBP’s intent to do this as a sole source procurement under FAR 13.106-1(b) “Soliciting from a single source”, as authorized by FAR 13.5 “Simplified Procedures for Certain Commercial Items.” This acquisition will be done using Fiscal Year 2016 annual appropriations.

Therefore, CBP intends to enter into a sole source, firm-fixed price contract for the relocation and installation of two Z-Portals to Hidalgo, Texas and Pharr, Texas with:

American Science and Engineering, Inc. (AS&E) 829 Middlesex Turnpike Billerica, MA 01821

This company is a Small Business.

3. Description of Supplies/Services.

Due to CBP’s requirement to facilitate the Lincoln-Juarez port improvements, the current Z-Portal units (ZP-056, ZP-043) need to be re-located and installed at the Hidalgo, TX and Pharr, TX ports of entry (POE). The Interdiction Technology Branch (ITB) is requesting a sole source contract be awarded to AS&E, based on the fact that AS&E is the only viable source for this relocation/ installation as they are the Original Equipment Manufacturer of this system and own all the proprietary information (e.g. site drawings, hardware and software specifications) to their Z-Portals necessary to ensure 100% duplication of the systems’ capability at Hidalgo and Pharr within the mission required 12 month Period of Performance.

The relocation project includes:

· Moving the systems, operator booths, and other ancillary equipment from Lincoln-Juarez to the new locations

· Pre-installation site preparation

· A new ground sensor and other ancillary equipment as required

· Installation and configuration of the systems, booths, and equipment

· Ensuring system and equipment are fully operational

The estimated cost of this acquisition is $2,200,000.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The proposed contract is expected to be awarded on a sole source basis under FAR 13.501(a)(1)(ii). FAR Part 13 applies to commercial item purchases not expected to exceed $7.0 million under the provisions of FAR 13.5. Although exempt from FAR Part 6, a J&A with the content of FAR Part 6.303-1 is required for sole source acquisitions under the authority of FAR 13.5.

This document constitutes a J&A, modified to reflect an acquisition under FAR 13.5.

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

The Z-Portal scanner is manufactured by American Science and Engineering, Incorporated (AS&E). Interested vendors must already possess or obtain from the manufacturer any necessary system information and equipment required to interface with the Z-portal Scanner prior to installing the Z Portal at Hidalgo and Pharr, TX. CBP is not authorized to release this information; it is proprietary to AS&E.

The estimated cost of this relocation and installation is $2,200,000. The relocation and installation is required as soon as possible for operational concerns.

It is likely that award to any other source would result in substantial duplication of the $2,200,000 cost to the Government that is not expected to be recovered through competition.

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

CBP conducted market research on potential vendors, including issuing a Request for Information (RFI) from vendors that are able to transport and install Z-Portals. The Market Research was conducted from February 25, 2016 through March 9, 2016. AS&E was the only vendor that responded to the RFI.

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 cost are fair and reasonable based on market research and historical pricing for the relocation and installation which are valid bases under FAR 13.106-3(a)(2).

8. Description of Market Research.

RFI # 160225-LJB Sources sought was posted on the Federal Business Opportunities (FBO) website on February 25, 2016 through March 9, 2016. Only one response was received on March 9, 2016 from American Science and Engineering, Inc. (AS&E). Only one company, AS&E responded to the RFI. Results indicated 1) Only AS&E is capable of meeting the government specifications. 2) Due to the proprietary nature of the Z-Portal System, AS&E is the only company capable of installing the equipment and integrating the peripherals accompanied with the systems that are necessary to ensure proper operations. In addition, AS&E software controls the inputs of the readers and the ground detector placed under the system to ensure proper calibration of all the subsystems and communications between components, including the X-Ray interlocks.

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

Market research has proven that only one company in the United States can perform the necessary tasks and provide the needed products listed within the statement of work particular parameters. These specifications limit the relocation and installation of the Z-Portals provided by the company (AS&E) who is the sole proprietor and manufacturer of the Z-Portal scanner, which has the necessary requisite system knowledge to perform the relocation and installation package.

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

American Science and Engineering, Inc. (AS&E)

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.

This is a standalone acquisition. No subsequent procurements are expected.