JA for Smiths AT-CT Revised for Competition Advocate 11-13-2024 Final Redacted.pdf

J&A Number JA-2025-04-1155

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)

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 Transportation Security Administration (TSA), Acquisition Program Management (APM) and Contracting and Procurement (C&P) propose to issue a modification to contract 70T04019C9DAP2010 to extend the period of performance for six (6) months through May 13, 2025.

2. Nature and/or Description of the Action Being Approved.

(a) Nature of action:

Smiths Detection Incorporated (Smiths) is the Original Equipment Manufacturer (OEM) of the TSA owned Advanced Technology / Computed Tomography (AT/CT) systems operated by the TSA at airport passenger checkpoints under contract 70T04019C9DAP2010. Smiths currently provides TSA with services for extended maintenance and logistics support for the AT/CT systems. TSA intends to extend the current contract for six (6) months to provide continued maintenance and logistics support. The period of performance of the extension is November 14, 2024 – May 13, 2025.

(b) Name and address of the contractor:

Smiths Detection Incorporated 2202 Lakeside Blvd Edgewood, MD 210401

(c) Contract type:

Firm Fixed Price

(d) Estimated Modification Amount:

The total value of this modification is estimated to be

(e) Type of funding Operations & Maintenance (O&M)

(f) Year of funding

Fiscal Year 2025

(g) Solicitation number.

N/A

(h) Background information about the requirement.

This competitive contract 70T04019C9DAP2010 was awarded, on March 28, 2019, to Smiths for AT/CT supplies and services. The contract is set to expire on November 14, 2024, but the services mentioned above are required to ensure the AT/CT fleet remains fully operational to ensure security effectiveness at TSA checkpoints.

3. Description of Supplies/Services.

TSA requires a modification to contract 70T04019C9DAP2010 to provide six (6) months of extended maintenance and logistics support for AT/CT systems operated by the TSA at airport passenger checkpoints as outlined in the Statement of Work. This maintenance and logistics support includes corrective and preventive maintenance. Corrective maintenance consists of unscheduled maintenance activities performed to repair or restore failed AT/CT systems to an operational condition. Preventative maintenance consists of scheduled system maintenance activities to increase AT/CT system reliability and prevent equipment failure through regular maintenance.

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. Identification of Exception to Buy American Statute

Not applicable to this requirement.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Smiths is the OEM of the AT/CT systems and the only vendor capable of fulfilling specialized technical support requirements for their system at the level of expertise required to ensure that the work is completed to the TSA specifications as outlined in the program requirements and technical documentation. This modification is to continue OEM support for already purchased and fielded systems, and the only vendor capable of fulfilling this requirement is the OEM, Smiths.

The OEM has proprietary rights in the technology, which consists of the software, firmware, design, and hardware associated with the AT/CT. TSA does not own the intellectual property or data rights for the AT/CT. As such, Smiths, the sole equipment manufacturer is the only responsible source capable of satisfying TSA’s requirements at the level of expertise needed.

A gap in maintenance and logistics support services for the roughly 290 AT/CT systems deployed, would have a significant impact on TSA’s ability to securely screen airport passengers’ accessible property, creating a major security threat for the traveling public. If AT/CT maintenance support is not maintained, AT/CT systems in airports across the nation could fail to operate due to unforeseen damage.

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

Notice of Intent to Sole Source TSA25-04-1155 was posted on the System for Award Management (SAM.gov) website on October 21, 2024, with a response date of November 1, 2024, no responses were received.

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

The Contracting Officer anticipates using procedures in accordance with FAR 15.404 -1 to determine fair and reasonable pricing by utilizing comparison of proposed prices to historical prices paid for similar work on TSA contracts and in comparison, to market pricing.

9. Description of Market Research.

The market research conducted for this requirement concluded limited sources for warranty and maintenance services for the AT/CT systems are available. The AT/CT systems and system services are proprietary to the OEM Smiths, therefore, the only source capable of providing maintenance services on their own equipment at the level of quality required is Smiths. The AT/CT systems and maintenance support services provided are unique, highly specialized and proprietary in nature to the OEM.

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

None.

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

None.

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.

TSA anticipates maintenance support will be included on a competitive contract at the end of the period of performance of this contract modification.