JA CPSS Mid Excepted Maint Mod_approved_Redacted.pdf

Justification and Approval FAR Part 6 Authority

(f) Year of Funding: FY23-FY33

(g) Solicitation number: N/A. The below modifications will be issued to the associated existing CPSS BOA Orders:

70T04022F7672N003 (Base)- P00003 70T04021F7672N047 (Mid)- P00005 70T04022F7672N004 (Full)- P00004

(h) Background information on requirement: Post award on September 29, 2022, Analogic raised concerns regarding the scope of the Catastrophic CLIN (CLIN 00013), stating that the scope did not cover certain breaks caused by airport personnel. In an effort to collaborate with Analogic, to support TSA’s mission and to ensure airport checkpoints across the country are fully operational, the TSA notified Analogic on October 14, 2022 plans to modify the existing CPSS Orders to include an excepted maintenance CLIN for repairs to systems that are damaged (e.g. damage by passengers or airport personnel) outside of the standard warranty.

3. Description of Supplies/Services

Excepted maintenance shall include any repair (labor, materials, and any other associated costs such as travel and shipping) required due to abnormal discrepancies such as, but not limited to, facility mishaps (e.g., water pipe breakage damage or facility fires), accidents (e.g., liquid spills inside the system or TSA personnel/passenger caused damages), catastrophic events such as acts of nature (e.g., earthquake, hurricane, or flood damage), or criminal actions (e.g., terrorist attacks).

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

TSA’s CPSS BOA Orders currently have the capability to procure, deploy, and provide warranty/maintenance services on its fleet of Base-size CT systems, Mid-size CT systems, and Full-size CT systems including CT systems donated to TSA for which Analogic is the OEM. Systems fielded as part of the CPSS Program address current capability gaps, emerging requirements, and comply with federal mandates to advance TSA beyond its existing capabilities and improve the aviation security infrastructure for the screening of accessible property.

As the OEM of the CT systems under the existing CPSS BOA Orders, Analogic has proprietary rights in the technology. These rights consist of the production, software, firmware, design, and hardware associated with the CT systems. Although TSA owns the CT systems, TSA does not own the intellectual property or all data rights for the CT systems. As a result, only Analogic is capable of fulfilling specialized excepted maintenance needs at the level of expertise required to ensure that each CT system is fully operational to TSA specifications. These specialized excepted maintenance repairs may not be completed by third-party vendors. Completing excepted maintenance services and repairing CT systems to meet the functional requirement standards are especially critical to meet detection capabilities, throughput, and reliability standards in the field to meet TSA security technology missions and objectives. As such, the OEM, Analogic, is the only responsible source capable of satisfying TSA’s requirements at the level of expertise needed.

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

Justification and Approval FAR Part 6 Authority

The BOA orders were awarded on a competitive basis. In addition, the TSA is actively pursuing full and open competitions for additional CT systems as part of the CPSS Program where excepted maintenance has been included in the Statement of Work (SOW).

In accordance with FAR 5.203(a), TSA posted a notice of intent to issue sole source modification to TSA’s existing BOA Orders for excepted maintenance services fifteen (15) days prior to the issuance of the proposed contract action, notifying industry that the TSA intends to contract using other than full and open competition. To date, no responses have been received.

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

The Contracting Officer will ensure that the anticipated labor rates are fair and reasonable through price analysis techniques in accordance with FAR 15.404-1 prior to modification award. In order to determine fair and reasonable pricing, the Contracting Officer anticipates using the IGCE, historical contract pricing, and actual cost data for comparison purposes.

8. Description of Market Research

Prior to award of the BOA Orders, market research was conducted from November 2017 through February 2023 by employing the following methods:

• Surveying industry to determine the amount of physical space needed for an “end-to-end” system configuration to ensure the sites selected to the test the systems have adequate space to install the systems without requiring any construction to take place.

• Hosted Industry Day 1 on February 11, 2019 for all vendors to formally introduce the CPSS Program to industry. The event outlined APM and Requirements and Capabilities Analysis’ (RCA) responsibilities within the APP effort in addition to program goals, acquisition strategy, desired capabilities and notional schedule.

• Hosted Industry Day 2 on May 14, 2019 for all vendors to discuss matters relating to the CPSS program, Configuration Submissions, the Functional Requirements Document (FRD), Interface Requirements Document (IRD), the 6.2 Level 0 Certification Process, the CPSS Qualification Process, Test and Evaluation (T&E), and Cybersecurity.

• Hosted Industry Day 3 on February 22, 2023 for all vendors to discuss matters related to the closing of the existing CPSS Increment 1 Qualified Product List (QPL), anticipated CPSS Increment 2 functional requirements, and notional schedules for future CPSS milestones.

As stated in Section 5 of this document, the TSA has determined that the OEM, Analogic, has proprietary rights in the technology and is the only vendor capable of fulfilling specialized excepted maintenance needs at the level of expertise required to ensure that each CT system is fully operational to TSA specifications.

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

None.

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

The TSA is actively pursuing full and open competitions for additional CT systems as part of the CPSS Program where excepted maintenance has been included in the SOW.