JEFO Redacted.pdf

U.S. Customs and Border Protection Justification for Brand Name Exception to Fair Opportunity (JEFO)

FAR 16.505(a)(4) Exceeding the SAT

Date: April 6, 2021 PR Number: 20124987

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security (DHS), Customs and Border Protection (CBP), Office of Acquisition and Operations Support, Information and Incident Coordination Center (OS, IICC) prepared this justification for an exception to fair opportunity.

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

CBP intends to compete and award a firm fixed-price task/delivery order for Blackberry AtHoc Emergency Notification System (ENS) licenses and software under the FirstSource II multiple award Indefinite Delivery/Indefinite Quantity (IDIQ) contract vehicle (FirstSource II). The anticipated task order will have a base year and one 10-month option period and is estimated to be . CBP requires this specific software and intends to acquire this software and licenses using a brand name justification pursuant to FAR 16.505(a)(4) and FAR 16.505(b)(2)(i)(B), as discussed herein.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

CBP has a requirement to procure BlackBerry AtHoc commercial product licenses and software for the Agency’s existing Emergency Notification System (ENS), with no changes to the current infrastructure. During an incident, disaster, or crisis, all CBP personnel shall be properly notified.

This software will send alert messaging to end-users via multiple delivery methods, including audio-visual network alerts, to desktops, tablets, and laptops via desk pop-ups, text alerts to mobile phones and email clients, audio alerts to phones and alerting/integration with CBP Land Mobile Radios.

The total estimated value for the procurement of the ENS system for one year is and for a base year and one additional option period

Requirement Components of

Requirement QTY Base Total Option 1

Total Emergency Notification System (BlackBerry AtHoc)

AtHoc Alerts NAS User License (Secure PC/Mac Desktop Popups Override w/

Hosted Email) US Gov – Cloud

7,200

AtHoc Alerts TAS Standard User License (Phone, SMS Text and Email) US Gov -

70,000

FAR 16.505(a)(4) Exceeding the SAT

Cloud - Premium Support AtHoc Alerts Mobile App User License (Android/iOS Smart App Push Notifications) US Gov - Cloud – Pre

32,000

AtHoc Alerts, Personnel Directory

Integration Module (PDIM), Per Enterprise Base Server US Gov –

ENT

AtHoc Operational Data Plan (package) US Gov

AtHoc Connect Server Subscription License US Gov

AtHoc Professional Services (per day) US Gov

Total

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

__X__FAR 16.505(b)(2)(i)(B). As modified pursuant to FAR 16.505(a)(4)(ii), Only one brand name product is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

This procurement is in accordance with FAR 16.505(a)(4)(ii) - Use of a brand name specification.

The exceptions at FAR 16.505(b)(2) do not apply as this is a brand-name justification. However, the justification format at FAR 16.505(b)(2)(i)(B) applies and is modified to reflect a brand-name justification.

CBP intends to procure brand name Blackberry AtHoc licenses and software. Fair opportunity will be provided to FirstSource II contract awardees who are authorized resellers of Blackberry AtHoc products.

The Blackberry AtHoc Emergency Notification System (ENS) is currently in use by CBP and DHS to notify employees in the event of an emergency, which is a requirement per DHS Directive 008-04 Personnel Accountability. It is mission critical to be able to contact all CBP

FAR 16.505(a)(4) Exceeding the SAT employees via multiple methods of communication simultaneously. DHS requires components to use the same notification process. USCG, TSA, CBP, ICE, FEMA and HQ are all using Blackberry AtHoc and are in various stages of moving to Blackberry Cloud services. CBP requires an accounting for personnel in cases of an emergency, Continuity of Government, or large scale exercises.

This ENS system will integrate seamlessly with CBP’s existing systems and permit CBP to notify, via multiple methods, urgent situational status updates in the event of an emergency.

This is the only software which will meet CBP’s needs without disruption to the communication process or significant investment in designing a custom solution. Currently, the Blackberry AtHoc software is the only software that will integrate with existing CBP systems. Additional impacts are:

To obtain and certify another software would cause significant delays in the software’s integration and operability with CBP systems and would impact personnel accountability.

The Blackberry AtHoc applications are compatible with CBP’s Webtele system and are currently behind the CBP firewall. In addition, the Blackberry AtHoc applications have been socialized with the CBP field, where the mobile app is required for use with the ENS program.

• The AtHoc Connect capabilities provide the intrinsic interoperability specifically within DHS (USCG, TSA, CBP, ICE, FEMA and HQ – all of which utilize BlackBerry AtHoc) which allows individual components to have seamless organizational communication in a crisis. Policy and Requirements of Directive 008-04 state, “Components develop, maintain, and exercise personnel accountability program procedures and practices based on unique Component missions”.

• The Blackberry AtHoc support for hardware integration provides Digital Signage, PA Systems, Fire Alarms, Radio Systems, etc., which are not standard features provided by many other vendors. The additional features may be used in cases where other means of notifying personnel of emergencies and obtaining accountability per the directive are necessary.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

CBP intends to solicit for this software under the DHS FirstSource II contract. Using this contract will allow for competition of the Blackberry AtHoc ENS software. The pricing under FirstSource II was determined to be fair and reasonable upon award of each vendor’s FirstSource II contract, and CBP anticipates receiving better pricing as a result of this competition among vendors under the FirstSource II contract.

6. Any other facts supporting the justification.

If this Blackberry AtHoc software is not utilized, CBP would face the following timing delays (approximate):

FAR 16.505(a)(4) Exceeding the SAT

ATT and ATO process – 8 months Provisioning New Environments – 1 Month Data Migration – 1 Week If Public Facing System/Connecting to other agencies – 6 -12 months (For firewall requests – there is a huge backlog when making firewall requests, hence, the long time frame) AtHoc System Retirement – 1-2 Months

In addition to the lead times above, there will be further delays for the development of the following:

System Documentation Training Interconnectivity Documentation, if applicable Security Scans System Testing Development System Acceptance Testing and Production Testing

In addition to these extensive investments in time for acquiring and integrating new software outside of Blackberry AtHoc, purchasing other software and licenses would also require significant resources as far as additional CBP Office of Information Technology (OIT) personnel and Program Managers.

OIT and Program Managers would have to be trained or hired to operate the new software.

WebEOC Operators would also have to be trained on the new software and coding to incorporate the software. Acquiring new software would cost the Government a significant amount of time and money and would be cost prohibitive. Furthermore, the new notification system would require an ATO which would take at least six months to approve.

It is in the best interest of the Government to continue the usage of the commercially available Blackberry AtHoc ENS software in order to meet CBP’s mission and ensure the best use of taxpayer dollars.

Attachment 6

Justification for Exception to Fair Opportunity (JEFO) – FAR 16.505(b)(2)(ii)(B) Exceeding the SAT

Version 2.0 November 2020

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

CBP will continue to monitor the commercial marketplace and perform market research prior to future awards in order to identify other systems which are fully capable of meeting the requirements.

8. CBP intends to post this requirement on FedBizOpps pursuant to FAR 16.505(a)(4)(iii)(A).

9. Technical/Requirements Personnel Certification:

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

April 6, 2021 Technical Representative/COR Date

10. Contracting Officer Certification and Approval: *

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Contracting Officer Date

*Note: In accordance with FAR 16.505(b)(2)(ii)(C)(1), proposed orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $750,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval. For CBP, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).

11. Chief Counsel Review (Per HSAM 3006.304-70 – Above the SAT)

Attachment 6

Justification for Exception to Fair Opportunity (JEFO) – FAR 16.505(b)(2)(ii)(B) Exceeding the SAT

Version 2.0 November 2020

Signature:____________________________ ____________ Date

Approvals:

12. COMPETITION ADVOCATE (Per FAR 16.505(b)(2)(ii)(C)(2) - Exceeding $750,000 to $15M)

Approved Disapproved

Name (Print): ________________________

Date: _____________