JA for Commercial Acquisitions SAT Redacted.pdf

Attachment 3 U.S. Customs and Border Protection

Justification and Approval (J&A) for Commercial Products and Services Acquisitions Using RFO 12.201-1 Simplified Procedures Exceeding the SAT but Not Greater Than $9M – RFO

12.102

March 2026

Date: 09/17/2026 PR Number: __20159289_______________

JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

Simplified Procedures for Commercial Products and Services 41 U.S.C. 1901

1. Agency and Contracting Activity. The U.S. Department of Homeland Security, U.S.

Customs and Border Protection, Office of Acquisition proposes to enter into a contract on a basis other than full and open competition using simplified procedures in accordance with Federal Acquisition Regulation (FAR) 12.201-1, FAR Class Deviation 25-21 R1 for FAR Part 12, and 41 U.S.C. 1901.1

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

(a) Nature of action. CBP intends to procure on a sole source basis sixty (60) Starshield service tokens from Space Exploration Technologies Corp

(b) Name(s) and address(es) of the contractor(s).

Space Exploration Technologies Corp

1 Rocket Road Hawthorne, CA 90250

(c) Contract type. Firm Fixed Price Purchase Order

(d) Estimated total value and period of performance, including options.

Sixty (60) Starshield Service Tokens estimated at per token.

Estimated Total Cost

Period of Performance – Tokens expire 24 months after delivery.

(e) Type of funding. Operations and Support funds.

(f) Year of funding. Fiscal Year 2026.

(g) Solicitation number. Not applicable

1 In this document, citations to RFO Parts 5, 10, 12, and 25 are citations specifically to FAR Class Deviation 25-17 for FAR Part 5, FAR Class Deviation 25-06 for FAR Part 10, FAR Class Deviation 25-21 R1 for FAR Part 12, and FAR Class Deviation 26-09 R1 for FAR Part 25, which were issued as part of the Revolutionary FAR Overhaul (RFO), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

3. Description of Supplies/Services.

The requirement is to provide sixty (60) Starshield service tokens for use on CBP AMO aircraft. This requirement is to provide services to support AMO flight operations. CBP AMO operates Manned Aircraft on Starshield satellite service to provide a wide-band data link for beyond line of sight (BLOS) operations. This satellite service is used for the command and control of the aircraft, receiving data from the aircraft and additional voice channel(s) for BLOS operations. AMO missions are flown within the 48 contiguous United States and their coastal waters, Gulf of Mexico, Caribbean, and eastern Pacific regions.

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. 1901.

This acquisition is using simplified procedures as authorized and implemented by RFO 12.102(b).

5. Identification of Exception to the Buy American Statute.

Not Applicable.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires restricting competition.

CBP AMO requires low latency, high bandwidth Proliferated Low-Earth Orbit (PLEO) satellite service for their fleet of manned aircraft operating within the contiguous United States, Gulf of Mexico, Caribbean and easter Pacific regions.

CBP AMO requires all mission data to arrive terrestrially within the contiguous Unites States even during missions abroad. Starshield Wide-band BLOS service is uniquely capable of ensuring all data arrives at a CONUS data point.

The integrated CBP AMO aircraft antennas and terminals are PLEO constellation specific and will only work on the Starshield/ Starlink constellation.

Alternate PLEO providers cannot ensure that the data will land at a CONUS location and would not be supported by the integrated hardware on CBP AMO aircraft.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

12. 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.

Due to the sole source reasons stated previously CBP is unable to consider alternative products and services to meet this requirement.