JA_70B04C20C00000124_Redacted.pdf

U.S. Customs and Border Protection Justification and Approval For Other Than Full and Open Competition

Integrated Logistics Support (ILS)

Version 2.0 March 2018

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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 U.S. Department of Homeland Security (DHS) Customs and Border Protection (CBP), Office of Acquisition, proposes to enter into a contract on a basis other than full and open competition.

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

CBP has a requirement on a sole source basis for the procurement of the Integrated Logistics Support (ILS) services with an estimated cost of . The proposed contractor is Chenega Technical Innovations (CTI), 10505 Furnace Rd STE 205, Lorton, VA 22079-2636.

3. Description of Supplies/Services.

Under this requirement, the contractor will provide the direct labor, subcontractor services, supplies, materials, and life cycle support functions that encompass efforts to perform preventive, predictive, and corrective maintenance planning and execution; perform inspection and tracking of assets; perform, packaging, shipping, storage, transportation, and warehouse management to relocate equipment; provide enhancements, technical refresh or refurbishment of equipment; and to retire or dispose of the equipment. The Contractor shall provide On Demand Services to satisfy other requested services as needs arise.

This requirement is for sustainment of equipment under the Non-Intrusive Inspection (NII) Program, currently operational at CBP land, sea, air, and rail ports of entry.

The current task orders were issued off of IDIQ HSBP1014D00031 with a one year period of performance and one 6-month option period that ends on August 24, 2020. The anticipated period of performance of the interim contract is a base period of six (6) months from August 25, 2020 through February 24, 2021 with a total estimated price of .

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(c)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1

Integrated Logistics Support (ILS)

Version 2.0 March 2018 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.

CBP’s intent with this requirement is to issue a short term interim contract to provide continued services while the follow-on competition is completed. This short term contract is required to avoid disruption of mission critical services that would significantly impact CBP’s ability to carry out its mission.

The incumbent contractor is the only contractor capable of performing the services without interruption at this time. An interruption of services would be seriously detrimental to the program's mission. The current BI backlog has prospective contracted employees waiting over five (5) months to receive an adjudicated BI. The delay in schedule, risk of interrupted service, and additional cost for a short-term period of performance far exceeds the cost of a follow-on task order to the current incumbent contractor.

As the incumbent contractor, CTI has an established team with current and active CBP background investigation (BI) clearances and has acquired the specialized knowledge and experience necessary to perform the required near-term services without disruption. The costs associated with bringing on a new contractor would be cost prohibitive given the six month period of performance contemplated under the interim contract. Also, the award to a new contractor would create the need for a transition period that includes BIs for new contractor employees. The delay in schedule, risk of interrupted service, and additional cost for a short term period of performance far exceeds the cost of a short term contract awarded to the incumbent contractor. This interim contract will provide economic and efficient services and maintenance without any interruption of service to CBP until award of the long-term competitive contract for the Integrated Logistics Support services.

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

Not applicable. This is a interim contract effort intended for award to the incumbent in order to ensure continuity of services until a competitive action can be awarded and transitioned.

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 price will be fair and reasonable based on a comparison with the acquisition history that has been identified from the current ILS services contract. A break-out of collected costs over the life of the existing contract will be used to help determine that the prices being proposed for the interim contract are fair and reasonable.

8. Description of Market Research.

Integrated Logistics Support (ILS)

Version 2.0 March 2018

Market research for the re-compete of the ILS services was conducted with a Request For lnformation (RFI) posted for Industry's response. This RFI yielded 9 responses. The RFI responses were analyzed to confirm that 8a contractors can continue to perform the requirement and to determine the best contract vehicle strategy to support CBP’s mission needs. From the RFI responses that were received, the program office judged that 9 small businesses provided sufficient past performance / past experience information to confirm the strategy to set this requirement aside for 8(a) small businesses. However, this interim contract effort is intended for award to the incumbent in order to ensure continuity of services until the contract can be awarded and transitioned.

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

N/A

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

The respondents to the RFI posted at FedBizOps, as described in paragraph 8, were the only vendors that expressed an interest in the re-compete procurement.

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 has conducted market research and developed the acquisition strategy for the follow-on procurement. A competitive 8(a) solicitation is being finalized and expected to be released in early October 2020 with a planned award in January 2021.

12. Planning and Funding Statement.

This acquisition does not result from a lack of planning or the expiration of funds. This acquisition is necessary to continue services until the competed contract is awarded and to allow sufficient time for transition from the incumbent to the new contract.

13. Posting Requirement.

CBP will post this requirement on beta.SAM.gov pursuant to FAR 6.305.