Justification and Approval - SIDA Badges for SEA_Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.5 (April 2024)

(f) Year of funding: Fiscal Year 2025

(g) Solicitation number: 70T05024Q5903N015

(h) Background information about the requirement: The requirement for SIDA badges at SEA has historically always been fulfilled by the Port of Seattle.

3. Description of Supplies/Services:

The airport operator shall provide approximately 3,500 SIDA badges over a five year ordering period for TSA SO employees at SEA.

The Transportation Security Regulation (TSR) (49 Code of Federal Regulations) sets forth regulations to secure the nation�s airports. The TSR defines an airport operator as that which ��operates an airport serving an aircraft operator or a foreign air carrier required to have a security program under part 1544 or 1546 of this chapter.� The airport operator is responsible under 49 CFR § 1542.205 for establishing secure areas and establishing a system for vetting and badging individuals authorized access to the secure areas.

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 the Buy American Statute:

Not applicable.

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

(a) Rationale for using the authority cited in section 4 of the J&A;

The Port of Seattle is the only provider of the SIDA badges as they are the operator of the airport. As the airport operator, the Port of Seattle is responsible under 49 CFR §

1542.205 for establishing secure areas and establishing a system for vetting and badging individuals authorized access to the secure areas.

No other badges would be accepted at SEA. This is typical (single source for SIDA badges) across all airports. Port of Seattle has been providing TSA SIDA badges for many years now. The current sole source BPA for SIDA badges at SEA is

70T05020A9NSEA001.

(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;

The situation requiring use of other than full and competition is promulgated by 49 CFR § 1542.205. No portion of the work can be segregated to allow for competition.

(a) Summarize alternatives considered and why they will not work;

Alternative sources do not have the access or authority to provide SIDA badges at SEA.

(b) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided:

If this J&A is not approved, it will be very difficult for TSA SO employees at SEA to obtain SIDA badges in the quantities and timeliness needed to perform their job of providing security at the airport. This in turn would jeopardize TSA�s mission which is to protect the nation's transportation systems to ensure freedom of movement for people and commerce.

(c) 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:

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

(a) If an announcement has already been made in SAM.gov, provide the date of publication;

An Intent to Sole Source was posted on SAM.gov on 8/20/2024. The noticed is scheduled to close on 9/5/2024. The notice provides for interested vendors to contact the TSA to express capability. No responses are anticipated, as it is known that there are no other sources for this requirement

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

Based on the expectation of anticipated costs matching those which are currently being paid under 70T05020A9NSEA001, the Contracting Officer determines that price will be fair and reasonable based on comparisons of historical prices paid in accordance with FAR 15.404-1 (b)(2)(ii) and comparison with Independent Government Cost Estimate (IGCE) in accordance with FAR 15.404-1 (b)(2)(v).

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.

An Intent to Sole Source was posted on SAM.gov on 8/20/2024. The noticed is scheduled to close on 9/5/2024. The notice provides for interested vendors to contact the TSA to express capability. No responses are anticipated, as it is known that there are no other sources for this requirement

(b) Describe the market research results that support the determination that the items are nonavailable (Section is required to be completed when the J&A includes the exception listed under FAR 25.103(b)(2) or FAR 25.202(a)(2)).

(c) If market research was not conducted, a reason for its absence must be cited here.

Market research was conducted to the extent that an Intent to Sole Source notice was posted on SAM.gov.

(d) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale:

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 as of this writing.

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:

There are very few ways to remove competition barriers on this requirement. The airport operator (Port of Seattle) is responsible for vetting and badging individuals for authorized access to the secure areas at SEA. If this changes, perhaps due to a new entity taking over airport operations at SEA, then future requirements for SIDA badges will be re-evaluated to confirm whether there is still only one responsible source.

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