JA for other than Full and Open Competition_Aware_rev1_Redacted.pdf

Version: December 2024 CUI Page 3 no alternative source available. BioSP software subscription licenses and maintenance are currently provided through OTA HS00212490001 as a line-item purchase with Aware, through the Prime Contractor, Consortium Management Group, with a coverage period of 01

October 2024 through 30 September 2025.

Aware’s brand name BioSP software licenses and maintenance support are essential for uninterrupted operation of the SWFT application. The SWFT application relies on BioSP for its core functions, which is essential fingerprint and biographical data capture and transmission from DoD and non-DoD external agency customers to DCSA systems. Without the BioSP software and its continued maintenance, the SWFT application will be unable to perform its core function, impacting operational efficiency and potentially compromising security protocols.

BioSP was originally developed for the SWFT+ program at Defense Manpower Data Center.

BioSP/WebEnroll has evolved into its current version (BioSP/WebEnroll) to eliminate dependencies on obsolete and insecure technologies such as browser plugins and Java applets, ensuring a modern, secure, and compliant platform. BioSP is compatible with multiple vendors of fingerprint capture machines, specifically it supports over 80 different certified devices from 21 vendors, which allows the customer a wide variety of scanner makes, models and vendors to choose from. This capability maximizes the re-use of existing hardware, yielding significant cost avoidance. Furthermore, BioSP/WebEnroll provides comprehensive functionality including both livescan and card-scan capabilities, alongside centralized client workstation configuration for efficient system administration. Its custom-built CAC authentication system for DCSA further solidifies its singular alignment with our specific security and submission protocols. These highly specialized integrations, coupled with its foundational development for the SWFT+ ecosystem, render BioSP/WebEnroll the only solution capable of meeting our stringent operational, security, and compliance requirements without substantial, prohibitive development costs, delays, and inherent integration risks associated with alternative systems.

6. A description of efforts made to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a SAM.gov announcement was made and what response, if any, was received, or include the exception under FAR 5.202 if not synopsizing. Describe whether any additional or similar requirements are anticipated in the future.

Market research was conducted via email with to confirm the continued capability of meeting the Government’s requirements.

Additional market research efforts included a review of similar commercial offerings available through public sources and vendor websites. No other vendors were identified that could meet the specific technical and functional requirements necessary for compatibility with the existing Government system. As part of the market research process, Aware provided a formal sole source letter confirming that they are the exclusive provider for the renewal of the required Aware BioSP and [does] do not permit their

[authorized] resellers to compete for the renewal of the BioSP licenses. As a result, there is no pool of authorized resellers in the marketplace in which the Government could compete the BioSP requirement.

Version: December 2024 CUI Page 4

A SAM.gov announcement was not made. A combined synopsis and solicitation will be posted on SAM.gov IAW FAR 12.603. This will not be a request for competitive proposals. However, interested vendors may submit a response to the combined synopsis/solicitation. If interested vendors submit a timely response, it will be considered by the Government.

As required by FAR 13.501(a)(1)(iii), the justification will be posted within 14 days after the contract award.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

Based on initial analysis of the pricing information received during market research, the

Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. Prior to the award, a determination of fair and reasonable price will be made using a price analysis conducted in accordance with FAR 13.106-3, to include, but not limited to, a comparison to the historical prices paid and comparison with prices obtained through market research or published pricing for the same or similar items.

8. A description of the market research conducted (FAR Part 10) and the results or a statement of the reason market research was not conducted.

General Services Administration (GSA), National Aeronautics and Space Administration

(NASA) Solutions for Enterprise-Wide Procurement (SEWP) and DoD Enterprise Software

Initiative (ESI) were all researched, but the required products are not available from any of these sources.

, all provide similar services, however, do not provide the modularity that DCSA requires, nor do they have functionality that was developed into the Aware products specifically for DCSA’s unique needs.

As part of the market research process, Aware provided a formal sole source letter confirming that they are the exclusive provider of the required renewal of the BioSP software products. Aware verified, via email, that they do not hold any Government contracts under which these items can be purchased. Additionally, while some [*] resellers do provide Aware products via NASA SEWP, Aware also verified via email that there are no authorized resellers for the renewal of the BioSP software products.

Based on these findings, only one responsible source was identified that can meet the

Government’s needs without incurring unacceptable delays or duplication of costs.

9. Any other facts supporting the use of other than full and open competition.

The sole-source acquisition of BioSP/WebEnroll is essential due to its unique and indispensable capabilities, specifically tailored to DCSA’s operational requirements and

Version: December 2024 CUI Page 5 existing infrastructure. Competitor products cannot provide the necessary functionality because this software was specifically modified for this application, which renders them incompatible. Because no other similar software product provides for the Government’s needs, moving away from Aware products would create either a situation where the need would be met through significant modification of a competitor’s solution, or in-house development of an acceptable alternative. Modification of a competitor’s solution in order to provide the functionality already existing within the Aware products would represent duplicative and increased costs for the Government and represent inefficient use of time and funding resources. Even though the Government cannot quantify the costs and time that would be necessary for application specific modifications of competitors’ products, the

Government can speak to these realities in general terms. Modification of a competitor's product would require at a minimum, 3-6 months of procurement lead time, followed by the necessary development and testing timetable before a workable product could be realized.

This does not even account for the time associated with clearing those products for use on the

DCSA network. With regard to cost, any cost borne by the Government for such development would be duplicative and therefore objectionable when a ready-made solution exists. Additionally, no current funds are available for developing the required software within DCSA, which also presents its own cost and schedule issues that would impact mission success. In summary, use of one of the available alternative approaches would create unnecessary and unacceptable risk of mission failure due to impacts to cost, schedule, and performance that do not exist with the Aware solution.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

This procurement is eligible for a combined synopsis/solicitation. [No vendors have provided any interest in writing to date. If responses are received to the combined synopsis/solicitation the Government will consider them for market research on future procurements for this requirement.]

Responses to the combined synopsis/solicitation were received from four vendors.

submitted an email inquiry about whether this was a new contract or if there was an incumbent, while , inquired via email about the submission date and whether there had been any amendments, and Vendors and submitted quotes in response to the posted synopsis/solicitation. None of these vendors took exception to the solicitation language that informed the public of the

Government’s intent to award a non-competitive sole source contract to Aware, Inc., which rendered them all ineligible for consideration for award. Despite their ineligibility for award under the terms of the solicitation, the Government chose to consider these responses as written interest in the acquisition. The responses were reviewed by the

Government, determined to be in apparent conflict with previous information provided by

Aware, Inc. during market research, and clarification was sought from Aware, Inc., which informed the Government that while it does provide pricing to third parties that may intend to resell their products, Aware maintains no Authorized Reseller agreements with any

“reseller” that might otherwise afford Aware the ability to manage or direct reseller quoted terms and conditions. Purchasing through only authorized resellers reduces risks to the

Government related to supply chain considerations, unfavorable additional terms and conditions, and unintended impacts to the Government’s rights as purchaser and owner of

Version: December 2024 CUI Page 6 procured items, and is part of DCSA’s Supply Chain Risk Management practices implementing NIST 800-161r1. Based on the clarification from Aware, the Government is unable to determine that it can make an award to any other vendor consistent with DoD supply chain risk management policies. Therefore, the base facts upon which this justification rests have not been impacted by these vendor responses, as the circumstance that no pool of authorized resellers exists within which the Government could compete this requirement remains the same.

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 the supplies or services required, if subsequent acquisitions are anticipated.

DCSA will continue to survey the marketplace by analyzing any responses to the combined synopsis/solicitation, conducting ongoing market research into competitor products, and reviewing product literature and capability statements submitted by the vendor community prior to any future procurement for software to fill this need.

Future procurements will continue to be competed to the maximum extent allowable by regulation and circumstance.