Justification and Approval.docx

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021) Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

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 6.303-5 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security, Border Enforcement Contracting Division /East proposes to enter into a contract on a basis other than full and open competition.

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

(a) Nature of action: DHS intends to procure on a sole source basis the design, equipment, installation, and maintenance of a Solar Powered Security Video Surveillance System for Private Marina’s in the Fajardo Area and San Juan Pier 10. The NAICS code for this procurement is 561621.

(b) Name and address of the contractor: EAS SYSTEMS INC, 81, 3009 STE 1 BLVD San Cristobal, Coto Laurel, Puerto Rico 00780, a certified Hubzone vendor and a small business under NAICS 561621.

(c) Contract type: Firm Fixed Price.

(d) Estimated total value $404,320. Price breakdown as shown below:

(e) Type of funding (OFO funding).

(f) Year of funding FY2024

(g) Solicitation number. 20144020

3. Description of Supplies/Services. The supplies to be required include Pelco CCTV Cameras, Vorp Solar Panels and Battery Backups, and associated IT equipment to allow the CCTV equipment to be remotely operated from the central security office and will minimize the installation footprint in and around these privately owned Marinas.

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 6.302-5 entitled “Authorized or required by Statute” Section (b) (5) “Sole source awards under the HUBZone Act of 1997.”

5. Identification of Exception to the Buy American Statute N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. This paragraph is one of the most important parts of the J&A and should clearly identify why the proposed action must be accomplished through other than full and open competition. Provide a well-reasoned, detailed discussion of the issue that will make it clear to someone who is unfamiliar with your organization or your requirement why full and open competition cannot be used for this procurement. The following information must be included:

(a) Rationale for using the authority cited in section 4 of the J&A; EAS, Inc. is a registered hubzone contractor with vast experience in providing both the hardware, software and data transfer expertise to meet the requirements of this procurement.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition; EAS, Inc. is the main subcontractor for

(c) Summarize alternatives considered and why they will not work; Breaking down the requirement into individual PO’s for each private Marina would not work as these systems need to be integrated into the existing CBP Security systems.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided. Not having CCTV coverage of private marina’s encourages both drug and human smuggling.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. N/A.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. This section should include the following information:

(a) If an announcement has already been made in SAM.gov, provide the date of publication; Intent to sole source published 9/19/2024.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines that the anticipated price($404,320) will be fair and reasonable based prior awarded contracts for similar purchases,

9. Description of Market Research. Market research is required by FAR Part 10, and the results of the market research should be summarized here. Include the following information:

(a) Describe the market research techniques utilized, the specific results of the market research, the date when the market research was conducted, and how the market research was used by the contracting officer to determine price reasonableness.

The internet was searched for a list of contractors that would be able to provide the hardware and expertise for CCTV projects in Puerto Rico. A search ofGSA showed vendors based in Puerto Rico. The market research showed that only EAS, Inc. a local Puerto Rico vendor is able to provide the hardware and integrate the proposed CCTV camera’s into the existing CBP System. Price lists for Pelco CCTV camera’s and VORP solar panels were reviewed to assist with making the price reasonableness determination.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. This section presents an opportunity to strengthen the justification by presenting supplemental or supporting information. Do not summarize or duplicate information already stated in previous sections. This section should include information such as:

(a) An explanation why technical data packages, specifications, statement of work, or purchase descriptions are not suitable for full and open competition.

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

Examples:

· A synopsis was issued in SAM.gov on 9/19/2024, requesting that parties express their interest in writing to the contracting officer. There were three responses, one from AKN1 a VOSB in Puerto Rico, A.S.M. McClain Enterprises LLC, from Atlanta, GA a small business, and PDF Corp, an 8(a) from Puerto Rico.

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. Include a statement of actions taken or that will be taken to increase competition for future acquisitions of the same item/service. Include information such as:

(a) Will the Government revise overly technical specifications? In the future, perhaps a SOO with a FAR 15 source selection procurement might be a way to compete this complex requirement.

(b) When a J&A is issued for the purposes of acquiring goods or services while a competitive procurement is being conducted, the justification should include a detailed timeline for completion of the competitive procurement. The period of performance for the sole source action should fairly balance the time needed to complete the competitive procurement. The requirements should be issued to the contracting office at least 10 months prior to award to allow for a competive procurement.

13. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Robert J. Kay Contracting Officer Date

14. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Jason Archilla Technical Representative Date

APPROVAL:

Robert Kay Contracting Officer Date

Note: The Contracting Officer is the final approving official when the action does not exceed $750K and must also sign the justification when the contract is awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.

Note: The Procuring Activity Advocate for Competition (PAAC) is the final approving official when the action exceeds $750K but is less than or equal to $15M and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount. Approval by the PAAC is not required if the J&A is reviewed and approved by an official designated by the Component who meets either of the criteria at FAR 6.304(a)(3)(i) or (ii). However, this exception does not apply to justifications citing FAR 6.302-7 and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 Unusual and Compelling Urgency as the authority.

Note: The HCA is the approving official when the action exceeds $15M but is less than or equal to $75M (less than or equal to $100M for USCG) and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount. The HCA is not required to approve the justification if the Component PAAC meets either of the criteria at FAR 6.304(a)(3)(i) or (ii). However, this exception does not apply to justifications citing FAR 6.302-7 and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 Unusual and Compelling Urgency as the authority.

Note: The Chief Procurement Officer is the final approving official when the action exceeds $75M (exceeds $100M for USCG) and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest or the justification results in the invocation of the exception to the Buy American statute at FAR 25.103(b)(2) or 25.202(a)(2), regardless of dollar amount. When CPO approval is required only because FAR 25.103(b)(2) or 25.202(a)(2) is applicable to the procurement, the J&A shall be routed for review and approval using the Buy American Reporting Tool in OCPO’s Enterprise Reporting Application.

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