JA_BLS WTMD_Redacted.pdf

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Justification for Other Than Full and Open Competition
Solicitation number
JA-2020-04-0498
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This document is a justification and approval for other than full and open competition. It details a sole source contract awarded to an unknown vendor on September 7, 2020 for an undisclosed amount by the Department of Homeland Security's Transportation Security Administration. The contract is for explosive detection portal systems and bottled liquid scanners from CEIA USA Ltd, the only qualified provider. Market research identified CEIA as the only source able to meet TSA requirements for legacy passenger screening technologies projected to sunset by fiscal year 2026. The agency intends to establish new programs and requirements to be competitively bid in the future.

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Justification and Approval FAR Part 6 Authority

Scientific (purchased by Thermo Fisher Scientific) also no longer manufactures the BLS Truscreen model on the QPL. Therefore, CEIA is the only vendor on the QPL that currently manufactures a BLS system that meets TSA requirements and detection standards.

Both CEIA EMD and BLS systems are the only systems currently qualified, manufactured, configured, tested, and deployed at TSA facilities. Both technologies must meet strict requirements and standards, and CEIA units have been tested, approved, and measured against these standards.

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

TSA EMD and BLS systems fall under the Passenger Screening Program (PSP) and are considered legacy technologies. PSP Legacy is projected to sunset by FY26. Over the next few years, APM will work to stand up new programs and begin working with TSA stakeholders to identify new requirements to fulfill those needs met by EMD and BLS systems. The goal of these changes is to develop a cohesive strategy and vision for future checkpoint security screening. Along with identifying new requirements, the TSA anticipates developing a new procurement strategy that will allow these new technologies to be procured on a competitive basis. The TSA anticipates opening the necessary QPL Windows to ensure all eligible industry partners are able to submit their systems to be tested and potentially qualified under a TSA QPL.

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 fair and reasonableness through price/cost analysis techniques in accordance with FAR 15.404-1 prior to award.

In order to determine fair and reasonable pricing, the Contracting Officer anticipates using existing commercial prices for similar systems found on the General Services Administration (GSA) website and other commercial marketplace pricing.

8. Description of Market Research

Market Research was conducted by APM for EMD and BLS systems. In order to survey what WTMD capabilities are available in the market place, a Request for information (RFI) was issued in April 2019 to WTMD OEMs on GSA. Four (4) vendors provided potential WTMD models in response to the RFI – CEIA USA Ltd, Fisher Research Labs, Garrett Metal Detectors and Rapiscan Systems. This market research revealed that while industry currently has capabilities of standard WTMD needs, only CEIA meets the needs of a TSA EMD without incurring the duplicative costs outlined in Tables 4 and 5.

Additional information was found in the WTMD Market Survey Report of June 2014 prepared by the National Urban Security Technology Laboratory for DHS Science and Technology Directorate.

In January 2020, a RFI was issued to known BLS OEMs. Five (5) vendors provided BLS models in response to the RFI – CEIA USA Ltd, Agilent Technologies Inc., BaySpec Inc., Rigaku Analytical Devices Inc., and Kumahira Co. Ltd. The commercial marketplace information in this report came from direct vendor responses to the RFI, additional vendor literature, vendor websites and communications, and subject matter experts in the BLS integrated project team. This BLS market research revealed that while industry currently has the capabilities of standard BLS needs, only CEIA meets the needs of a TSA BLS and is currently qualified by TSA detection standards.

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.

Justification and Approval FAR Part 6 Authority

In accordance with FAR 5.203(a), TSA will post a notice of intent to sole source for EMD and BLS systems on www.beta.sam.gov at least fifteen (15) days prior to the issuance of a solicitation notifying vendors that the TSA intends to contract using other than full and open competition for the number of EMD and BLS systems listed in Table 1.

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.

TSA anticipates identifying new technology requirements for EMD and BLS systems with the ending of PSP Legacy. After identifying new requirements, the TSA anticipates developing a new procurement strategy that will allow these new technologies to be procured on a competitive basis. The TSA anticipates opening the necessary QPL Windows to ensure all eligible industry partner are able to submit their systems to be tested and potentially qualified under a TSA QPL.

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