Justification and Approval Trailer Transportation_signed_Redacted.pdf

Justification and Approval (J&A)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Unusual and Compelling Urgency 41 U.S.C. 3304(a)(2), FAR 6.302-2

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.302-2, 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 6.302-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Customs and Border Protection (CBP), Procurement Directorate, proposes to enter a contract on a basis of other than full and open competition.

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

CBP intends to award a sole source contract to maintain continuity of operations and support Tethered Aerostat Radar Systems (TARS) Operations and Maintenance (O&M) contract activities for like services.

Name and address of the proposed Contractor:

Navifreight, LLC 4901 Merriam Drive Shawnee, KS 66203

Contract Type: Firm Fixed Price (FFP)

The contract will be funded with the applicable FY 25 Operations and Support funds.

The plan above will facilitate the transportation of helium based on the current projected trips to each site. If additional trips are required due to unforeseen circumstances or the addition of new sites, the Surge CLIN will be used to address these costs.

The PR# is 20151544 The Solicitation Number is TBD.

3. Description of Supplies/Services.

DHS/CBP, Air and Marine Operations (AMO) has the responsibility to secure the Nation’s borders against the unlawful movement of people, illegal drugs, and other contraband between Ports of Entry (POE). To effectively manage the Nation’s borders, AMO requires persistent surveillance solutions aimed at enhancing situational awareness and security in land, air, and maritime environments by allowing personnel to monitor and counteract dynamic and evolving threats.

The Tethered Aerostats Radar System (TARS) provides for long-range search and track of air and surface targets, providing multi-domain awareness to CBP Air Marine Operations Center (AMOC), Caribbean AMOC (CAMOC), Office of Border Patrol (OBP), United States Coast Guard (USCG), and the U.S. military. The TARS program is comprised of aerostats, aerostat support systems, radars, weather equipment, communications systems, winch systems, facilities, special purpose vehicles, associated equipment, and personnel necessary to accomplish the mission.

DLA Aerospace Energy (DLA-E) provides helium product to TARS’ seven (7), TMSS’ two (2), and TAS’ four (4) operational sites. All sites require gaseous helium, which is stored in helium tube trailers onsite. Helium provides direct lift aerial support to Aerostat, radar, and other surveillance tools to overcome line of sight constraints to deter illegal activity along the U.S Southern Border, Florida Keys, and portions of the Caribbean. The trailers used to store, transport, and provide helium are required to be available onsite for daily operations, maintenance, lift loss testing and scheduled / unscheduled inflation to ensure Aerostat stays aloft to support 24/7/365 operations. Based on current and standing operational requirements, TARS estimates an average of thirty-nine (39) roundtrips annually across TARS’ seven operational sites, TMSS two sites, and TAS four operational sites to sustain and maintain Aerostat Minimum Operating Altitude (MOA) and avoid disruption of site operations, causing a potential national security crisis due to site Non-Mission Capability (NMC). The end state will be for aerostat sites to have recurring and on demand transportation support. Due to the potential national security crisis, critical nature of this requirement, timeline, resources, and cost, CBP immediately requires a vendor that can meet and exceed the Statement of Work (SOW) requirements to pick up, transport, and deliver helium trailers as scheduled and unscheduled to ensure the continuation of TARS operations without delay or interruption.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

41 U.S.C. 3304(a)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302 -2 entitled "Unusual and Compelling Urgency "

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

(a) Navifreight, LLC, a Women Owned (other than small business) 3PL freight and asset-based carrier based in Shawnee, KS. Navifreight previously supported CBP through a separate contract with Western Sales & Testing by providing transportation of helium trailers from the company’s subsidiary facility in Creedmoor NC to multiple commercial fill plants and to TARS operational sites. Navifreight, LLC also has decades of direct experience supporting the Defense Logistics Agency (DLA) in transporting trailers for Customs Border Protection (CBP), Department of Defense (DOD), National Aeronautics & Space Administration (NASA), and United States Border Patrol (USBP). In addition, Navifreight has direct experience in transporting trailers to TARS and other aerostat site locations along the Southwest Arizona, New Mexico, Texas border, and Florida Keys.

Navifreight also has a network of experienced hazmat certified drivers, stationed and available throughout CONUS, that can pick up, transport, and deliver to aerostat sites to support 24/7/365 operations. Navifreight is a known vendor who has received exceptional ratings in their CPARS. Lastly, Navifreight’s familiarization of TARS and other aerostat site locations, understanding of transportation routes, and historical knowledge of trailers allows for timely pickup and delivery of helium trailers that otherwise would not be available with a less than experienced company. We acknowledge and understand there are multiple vendors that have the capability and expertise necessary to perform the above tasks. However, due to the critical nature of the requirement, necessary timeline, and National Security implications, TARS concludes a sole source contract is the only option to meet the necessary timeline and continue operations without disruption.

(b) The program office released a Request for Information (RFI) to gather information from potential service providers to help the program office make informed decisions.

The RFI was intended to determine what vendors were interested, available, and able to complete the tasks. The RFI only produced one vendor within the requested time period of the RFI.

(c) The impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

If the J&A is not approved, TARS and other aerostat sites will not be able to continue receiving helium because there will be no contract in place to pick up, transport, and deliver helium trailers to aerostat sites. The impact will be interruption of Air Domain and Maritime surveillance operations across the U.S. Southern Border and Florida Keys Area of Responsibility (AOR) and would significantly increase illicit activities in areas without coverage. Furthermore, there would be National Security implications if TARS could not continue Air Domain and Maritime surveillance operations, which would increase illegal narcotics and human trafficking into the U.S. and surrounding territories. One of the single points of operation for the operational sites that will allow Aerostats to remain inflated, maintained, and aloft at Minimum Operating Altitude (MOA) for continuous aerial, maritime, and surface surveillance is having available trailers to transport and deliver helium. Trailers will also be used to transport helium to other sites in cases where additional helium may be needed for new Aerostat inflation, lift loss, maintenance support, and helium purity testing. It is in the Government’s best interest to ensure expedited review and award to start and continue transportation of helium trailers to meet program operational and sustainment requirements as soon as possible.

6. Description of Efforts Made to Ensure that Offers Are Solicited from As Many

Potential Sources as Is Practicable.

CBP will publish this J&A on SAM.gov, upon approval, indicating its intent to issue a sole source contract to Navifreight, LLC. For justifications explained above in Paragraph 5, open competition for this requirement would be unpractical due to the time required to request, evaluate, and award contract, which will conflict with the deadline to assume responsibility of transporting helium trailers and preventing non-Mission capability if helium trailers cannot be picked up, transported, and delivered to aerostat sites in a timely manner. The Government proactively requested information from as many potential sources as practical under the circumstances, and soliciting to other vendors would impose risk on an urgent government requirement.

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

The Contracting Officer anticipates the cost of services will be fair and reasonable based on Government’s IGCE, government research, and through comparison of previous contracts with vendors for like services.

8. Description of Market Research.

TARS Program Management Office (PMO) conducted market research by engaging with Government entities and industry through meetings, email correspondence and site visits. In addition, the PMO used the internet and databases to research and evaluate potential vendors’ capabilities. These interactions with Government entities and industry provided the PMO with insights into market conditions along with the cost estimate for the effort. Additionally, the PMO released an RFI via SAM.GOV.

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

The time required for a full and open competition far exceeds the time needed to assume transportation responsibility due to a non-existing standalone contract to provide transportation of helium trailers. Sole sourcing this effort to Navifreight, LLC will avoid unacceptable risk, third party transportation costs, and disruption to site operations. This action will also allow the sites to continue and receive helium from DLA-E contracted suppliers without lapse in service.

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

None

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.

None.

The milestone timeline for completion of the TARS Trailer Recertification procurement is as follows:

Acquisition Event Projected Completion Date

Justification and Approval Submission June 2025 Statement of Work Submission June 2025 Market Research Submission June 2025 Proposal Submission June 2025 Contract Award June 2025