JA-2022-04-0868_Redacted.pdf

Justific atio n and Approv al FAR Part 6 Authori ty

JA-2022-04-0868

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 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 Transportation Security Administration (TSA), Contracting and Procurement (C&P) and Acquisition Program Management (APM) offices propose to enter into a contract on a basis of other than full and open competition in accordance with FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, with Rohde & Schwarz USA, Inc. (R&S) to provide Advanced Imaging Technology (AIT) system configuration management, test support, a for fielded systems.

The Justification and Approval tracking number for this document is JA-2022-04-0868.

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

This Justification for other than full and open competition sets forth the Agency’s rationale to award a sole source contract to R&S for AIT system configuration management, test support, for fielded systems.

AIT serves as a primary passenger on-person screening technology at airport checkpoints. These AIT systems require system configuration management support to adhere to reporting, security and safety requirements and software updates to enhance system performance to meet TSA evolving security requirements.

Contract Details:

(a) Type of Action: Sole Source Contract

(b) Contractor: Rohde & Schwarz USA, Inc. 6821 Benjamin Franklin Drive, Columbia, MD

21046

(c) Contract Type: Firm Fixed Price

(d) Purchase Request:227672B070

(e) Type of Funding: Operations and Support (O&S) Funds

(f) Year of Funding: FY 2022

(g) Background information about requirement: See Section

(i) Anticipated Period of Performance (PoP) including options: Twenty-four (24) months

3. Description of Supplies/Services.

It is anticipated that the period of performance will be twelve (12) months from award for system configuration management support.

As stated above, this contract with R&S will provide TSA system configuration management

Justific atio n and Approv al FAR Part 6 Authority support which includes items such as program management reviews, a configuration management plan, a master configuration item list, and a configuration status report to adhere to TSA’s reporting, security and safety requirements.

APM implements advanced security solutions to protect the nation's transportation systems, ensuring freedom of movement for people and commerce. The mission of APM is to develop and implement the best procedures and technologies that deter, prevent, and/or render ineffective any attempt to sabotage commerce and transportation. Critical to achieving APM’s mission is the ability to adapt its processes and capabilities to address dynamic, evolving threats posed to the nation's transportation network. This includes performing upgrades or enhancements to currently deployed TSE from time to time in furtherance of TSA's constantly evolving security posture.

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), implemented by the 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.

As stated above, TSA requires support in the form of system configuration management, for fielded R&S

QPS 201 AIT systems to mitigate ongoing operational and safety changes and remain responsive to evolving threats.

R&S is the Original Equipment Manufacturer (OEM) of the QPS 201 AIT system and has proprietary rights in the technology. This consists of the software, firmware, design and hardware associated with the AIT system. TSA does not own the intellectual property or data rights for the AIT systems.

As TSA does not own adequate technical data or data rights for the R&S AIT, the OEM is the only source responsible to meet TSA’s configuration management requirements. This includes management of all configurable and adjustable parameters and adaptation data used to tailor the system, as well as their settings and values and inventory of hardware Configuration Items (CIs), software CIs, and firmware CIs with configuration identification data. Configuration management is also integral to implementing TSA’s changing security posture. As security technology systems are upgraded with new software, the OEM must verify the system has been properly installed and integrated in the operational environment and verify the configuration baseline is consistent. Due to proprietary restrictions, the OEM is the only source that can manage and track the changes to the fielded systems. Such services are critical in order to ensure that there will not be a negative impact on airport operations due to inoperable or malfunctioning security technology or ancillary equipment.

TSA requires this sole source contract, as noted above, in order to support mission critical requirements that must be executed to meet program goals and objectives. Without the purchase of system configuration management for the R&S AIT systems deployed in the field, TSA will be unable to ensure that the systems are safe, sustainable, and capable of meeting performance standards in the field.

6. Description of Efforts Made to Ensure that Offers Are Solicited from as Many Potential Sources as is Practicable.

TSA has received several R&S AIT systems as donated equipment, which are now TSA property and in use at airports. Additional R&S AIT systems are planned for donation in the coming month. The R&S QPS 201 AIT was approved by TSA for addition to its Qualified Property List (QPL) in May 2022 and, at the same time, was added to the Acceptable Capabilities List (ACL) as a technology eligible for donation to TSA under the Capability Acceptance Process (CAP).

The scope of this requirement is to provide support for current and future systems that are fielded in FY23. The AIT’s OEM, R&S, is the only source capable of providing this support.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer will ensure that proposed pricing will be evaluated to determine fairness and reasonableness through price analysis techniques in accordance with FAR 15.404-1 prior to award.

8. Description of Market Research.

Market research conducted for this procurement examined the TSA QPL for AIT systems. Only equipment placed on the AIT QPL is determined to satisfy program requirements and be considered for procurement. The R&S AIT was placed on TSA’s QPL in May 2022.

Prior to the recent donation of a few R&S QPS 201 AIT systems, TSA has deployed over 1,000 AIT systems in the field which were procured from a single other vendor. That vendor’s AIT systems are also on the AIT QPL.

To date, TSA has not formally procured R&S AIT systems, but has received R&S AIT systems as donations through CAP. It is contemplated that a total of 16 donated R&S systems will be deployed in FY23 at two airport locations in addition to the 6 already deployed. These systems require system configuration support and software installation for which the OEM has proprietary rights in the technology. This consists of the software, firmware, design, and hardware associated with the AIT. TSA does not own the intellectual property or data rights for the AIT. As a result, only the OEM is capable of fulfilling specialized system support (e.g., configuration management, test support, and installation of new software) requirements at the level of expertise required to ensure that the work is completed to the TSA specifications.

Moreover, award of this contract will ensure that there are multiple vendors on the QPL with AIT systems capable of meeting TSA’s latest requirements. This will allow for competitive purchases of AITs and should lower overall TSA costs for acquiring this important security technology.

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

None.

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

In accordance with FAR 5.203(a), TSA posted TSA25-04-03750 on August 15, 2022, notice of intent to sole source. on www.sam.gov. The notice provided notification of TSA’s intent to sole source and provided other vendors with an opportunity to express interest in the requirement. The notice was open for response for 15 days and TSA did not receive any responses.

http://www.sam.gov/

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.

APM is actively seeking out opportunities that will improve the interoperability of Transportation Security Equipment (TSE) through standardized interfaces for security system components and establishing standard image and data formats for certain technology systems. For example, TSA issued a Targeted –Broad Agency Announcement (T-BAA) 70T04021BAA7573N001 to obtain innovative solutions for various specific technical topic areas (TTAs) related to enhancing On-Person Screening capabilities on May 6, 2021 and awarded two contracts. The standardization of component interfaces will allow accelerated independent development of critical component technologies as well as the establishment of modular security system platforms. Standardized image and data formats will reduce barriers to integration that exist because of the technical differences between vendor proprietary systems.

It will also provide flexibility to acquire capabilities that have the potential to be integrated with independently developed detection algorithms, imaging programs, and operating platforms. Efforts such as development of common graphical user interfaces (CGUI) are ongoing to support common system platforms as well. Once common system architecture is developed, APM intends to engage in new partnerships to increase the number of vendors to support TSA security technology.

12. Contracting Officer’s Certification.

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.

Date Contracting Officer

13. Technical/Requirements Personnel Certification.

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

Program Manager

14. Legal Counsel Review.

I reviewed this Justification and Approval for Other Than Full and Open Competition for legal sufficiency in accordance with HSAM 3006.304-70.

9/15/22

Legal Counsel

APPROVAL:

9/15/22

Competition Advocate