IDVRS JA 5.12.21-FINAL_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. § 3304(a)(1)

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the use of the statutory authority under FAR Subpart 6.3 is justified by the facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity

The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Procurement Directorate.

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

CBP intends to modify contract without considering other offers.

CBP estimates the value of this change to be approximately

Name and address of the Contractor:

3. Description of Supplies/Services

CBP intends to purchase an additional 3,021 body-worn cameras (BWCs), 437 docking stations, and 2,619 video management system (VMS) software and multi-year cloud storage licenses.

U.S. Border Patrol (USBP) defines its mission as “…preventing terrorists and terrorists weapons, including weapons of mass destruction, from entering the United States…its primary mission remains…to detect and prevent the illegal entry of aliens into the United

States.” Fulfilling the mission involves active patrolling, monitoring, and screening of those entering the United States. It is critical that CBP conduct these activities and other interactions with the public in a transparent and accountable manner. The ability to record certain interactions with the public provides a straightforward and fundamental method of reinforcing transparency.

Congress mandated that CBP deploy BWC technology prior to the end of Fiscal Year 2021.

In response, CBP established the Incident Driven Video Recording System (IDVRS) initiative, which is comprised of BWCs, a video management system (VMS), cloud storage infrastructure and licenses, and redaction capabilities. IDVRS provides non-surveillance, agent-activated recording of interactions between USBP Agents and the public. In

September 2020, CBP awarded a contract for the initial deployment of IDVRS.

4. Identification of Statutory Authority Permitting Other than Full and Open

Competition

The statutory authority governing the use of other than full and open competition is 41 U.S.C.

§ 3304(a)(1), as 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 IDVRS program management office (PMO) conducted extensive market research, including information collected from three Requests for Information (RFI), indicating that the only vendor qualified to provide CBP with IDVRS technology. is the only source that possesses the necessary security and data management authorizations – in addition to other operational requirements – to deploy

IDVRS and meet the Commissioner’s direction to deploy IDVRS to the field in FY 2021.

is the only body-worn camera vendor listed in the FedRAMP Marketplace as having achieved FedRAMP Moderate authorization in their cloud-based VMS and FIPS 140-2 compliance with Active Directory Single Sign-On.1 While other vendors may state that their solutions are FedRAMP authorized, CBP has confirmed via the FedRAMP Marketplace that these vendors do not offer Software as a Service that is FedRAMP authorized and only use

Infrastructure as a Service products that are FedRAMP authorized. As required in the

Federal Government, is the only vendor offering FedRAMP authorized services by way of their cloud-based VMS Software as a Service and cloud-based storage (Infrastructure as a

Service).2

In September 2020, CBP awarded a contract in order to comply with Congress’s mandate for IDVRS and the CBP Commissioner’s direction to deploy IDVRS to the field in

FY 2021. Congress has appropriated additional resources to support expansion of the IDVRS program. CBP is seeking to increase the ceiling of the existing contract to purchase additional BWCs, docking stations, and VMS licenses meeting the previously-outlined requirements. As there are no other products available with the required FedRAMP authorization, is uniquely qualified to meet the subject requirements.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable

As noted in Section 5 and Section 8, CBP has made extensive efforts to solicit information from all vendors available in the market.

CBP actively monitors upgrades and improvements to BWCs and related technology to ensure that the agency is fully aware of the technology offered in the market and has done this market research from 2014 through the present date. In this timeframe, CBP conducted several forms of market outreach and assessments of the availability of BWC and IDVRS hardware. These market research events include the following:

• BWC Feasibility Study – 2015

• Initial RFI with 30+ responses – September 2016

• BWC Industry Day – 2016

• Second RFI with 13 responses (informed by the experience of the 2018 IDVRS

Evaluation) – October 2019

1 FedRAMP Marketplace, “FedRAMP at a glance,” https://marketplace fedramp.gov/#/products?sort=productName, accessed March 31, 2020.

2 Office of Management and Budget, “Security Authorization of Information Systems in Cloud Computing

Environments,” December 8, 2011.

• Third RFI with 12 responses – March & April 2021

• BWC Industry Day hosted by DHS partner agency – April 2021

CBP will publish this J&A on beta.SAM.gov upon approval, indicating its intent to issue a modification to

7. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable

The Contracting Officer anticipates that the cost will be fair and reasonable based on the government’s independent government cost estimate (IGCE), documented historical cost, and existing government contracts in alignment with publicly available information. The

Contracting Officer will use existing price per unit extended by for the contract receiving this modification and increased ceiling. The Independent Government Cost

Estimate (IGCE) confirms the anticipated cost based on quantities desired will be fair and reasonable.

8. Description of Market Research

CBP regularly reviews technology updates and communicates with vendors and other market participants to ensure research reflects the market as currently constituted. Recently, CBP updated its Market Research Report, noting that nothing has changed to eliminate stance as the sole vendor available.

Several vendors in the market currently provide BWC technology to law enforcement agencies (LEAs) across the country. However, while many vendors provide IDVRS-like services to state and local law enforcement, federal security requirements restrict the market for federal agencies, particularly federal LEAs. CBP and other federal LEAs must meet non-negotiable security requirements, which limit the traditionally large market for BWC.3 While thirteen vendors replied to CBP’s 2019 RFI, only one respondent to the RFI ( was able to provide documentation proving that both its video management application and cloud storage solution are both FedRAMP Moderate authorized.

was also able to meet the U.S. Department of Agriculture (USDA) U.S. Forest

Service’s (USFS) security requirements, leading USFS to secure BWC through a sole source procurement. The BWC contract to USDA USFS is another data point indicating that the company can meet necessary demands for federal law enforcement.

In March/April 2021, CBP released another RFI to confirm market availability. The RFI validated and confirmed 2020 market research and continues to hold their FedRAMP

Moderate authorization across the cloud-based VMS and related storage systems.

CBP released several RFIs to obtain information and recommendations for BWCs, VMS software and redaction, cloud storage, and other technologies to support IDVRS. The most recent RFI was released in 2021 prior to this J&A. The responses to this RFI indicated that no other vendor met CBP security requirements and operational needs.

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

N/A

3 U.S. Customs and Border Protection Office of Information and Technology, “HB 1400-05D: Information

Systems Security Policies and Procedures Handbook,” November 16, 2017.

10. The Listing of the Sources that Expressed an Interest in Writing for the Current

Acquisition

In response to the March/April 2021 RFI, 12 vendors (including responded to the RFI.

The vendors include:

• Advanced Communication Cabling

• Atlantic Diving Supply, Inc.

• Axon Enterprise, Inc.

• Digital Ally Inc.

• Digital Barriers

• KBR

• Motorola

• Pro-Vision

• Sabre Global UK Ltd./Audax

• SmartSpace AI

• Visual Labs, Inc.

• World Wide Technology

Based on the responses to the most recent RFI, continues to be the only vendor to provide all aspects of the IDVRS system —FIPS 140-2 compliance, FedRAMP authorization, and a single vendor solution—in accordance with CBP’s functional and operational requirements.

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

CBP will monitor the marketplace and FedRAMP authorization status for potential IDVRS solutions that meet CBP’s needs. CBP will consider new solutions as they arise prior to any potential future procurements.

12. Planning and Funding Statement

The acquisition approach detailed within this report does not result from a lack of planning or the expiration of funds. Since 2014, CBP has conducted multiple evaluations of the technology in the field and developed a comprehensive report recommending targeted deployment. CBP conducted extensive market research in the intervening time to ensure clarity of requirements and the ability of vendors in the market to provide these services.

Agency leadership approved a plan for deployment one year prior to the J&A development.

Congress appropriated $21 million to establish the IDVRS program for Fiscal Year (FY)

2020. Congress appropriated an additional $14.04 million specifically for “body-worn cameras” for FY 2021 to support the program’s growth and expansion. This appropriation confirms the availability of funds for the program’s expanded ceiling on the contract.

13. Posting Requirements

CBP will post this requirement on beta.SAM.gov (formerly FedBizOpps) pursuant to FAR

6.305.