Justification and Approval_ILS Services_Redacted.pdf

U.S. Customs and Border Protection Justification and Approval For Other Than Full and Open Competition

Integrated Logistics Support (ILS) Services

Version 3.0 November 2020

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Agency and Contracting Activity.

The Department of Homeland Security, U.S. Customs and Border Protection (CBP), Office of Acquisition proposes to enter into a contract on a basis other than full and open competition.

Nature and/or description of the action being approved.

CBP plans to modify contract # 70B04C21C00000023 with Chenega IT Enterprise Services to extend the period of performance in order to provide continuation of essential services while CBP completes corrective action associated with a previous protest. The modified performance period will consist of a 2-month extension period and two (2) 1-month option periods .

Description of Supplies/Services.

Under this requirement, the contractor will provide the direct labor, subcontractor services, supplies, materials, and life cycle support functions that encompass efforts to perform preventive, predictive, and corrective maintenance planning and execution; perform inspection and tracking of assets; perform, packaging, shipping, storage, transportation, and warehouse management to relocate equipment; provide enhancements, technical refresh or refurbishment of equipment; and to retire or dispose of the equipment. The Contractor shall provide On Demand Services to satisfy other requested services as needs arise.

This requirement is for sustainment of equipment under the Non-Intrusive Inspection (NII) Program.

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 Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

CBP awarded a competitive contract for the subject services in February 2021. In March 2021, the contract award was protested by an unsuccessful offeror. CBP issued a short-term interim contract, 70B04C21C00000023, to provide continued services while the protest was resolved. The determination was made to do a corrective action, and the protest was dismissed. Given the corrective action and new award are not expected to be completed until

Integrated Logistics Support (ILS) Services

Version 3.0 November 2020

July 2021, a short-term extension to the contract is necessary to avoid disruption of mission critical services that would significantly impact CBP’s ability to carry out its mission.

Chenega is uniquely positioned to continue to perform these services, up to four (4) months, while the government finalizes the corrective action. Chenega is the only vendor capable of performing the services without interruption as they are currently on-site with the personnel, equipment, and materials available to perform services without interruption. Any other vendor would require a 60-90 day transition period with the incumbent contractor in order to perform these services. Chenega has an established team with current/active background investigations, as well the specialized knowledge and experience to perform the required services without disruption. The costs associated with bringing on a new vendor would be cost prohibitive given the planned period of performance

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

Extensive effort was made to solicit maximum competition from the 8(a) contractor community for the follow-on acquisition via 70B04C21R00000005. This extension of the bridge contract is intended for award to the incumbent in order to ensure continuity of services until the competitive action is reviewed and addressed while under protest.

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

The Contracting Officer has determined that the anticipated price will be fair and reasonable based on a comparison with the acquisition history that has been identified from the current ILS services contract. A break-out of collected costs over the life of the existing contract will be used to help determine that the prices being proposed for the interim contract are fair and reasonable.

8. Description of Market Research.

No market research was performed related to this support during the bridge period as Chenega is the only contractor capable of performing the required services at this time.

However, extensive market research was conducted prior to the issuance of RFP 70B04C21R00000005 for the anticipated follow-on contract.

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

The delay in schedule, risk of interrupted service, and additional cost for a short term period of performance far exceeds the cost of a short term contract awarded to the current incumbent contractor. This interim contract will provide economic and efficient services and maintenance without any interruption of service to CBP until award of the long-term competitive contract for the Integrated Logistics Support services.

Integrated Logistics Support (ILS) Services

Version 3.0 November 2020

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

Numerous offers were received in response to the follow-on acquisition via RFP 70B04C21R00000005. No sources, other than Chenega, have expressed interest in the bridge contract.

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 Supplies or Services Required.

CBP has conducted market research and developed the acquisition strategy for the follow-on procurement.

12. Planning and Funding Statement.

This acquisition does not result from a lack of planning or the expiration of funds.

13. Posting Requirement.

CBP will post this requirement on beta.SAM.gov pursuant to FAR 6.305.