Justiification and Approval_Redacted.pdf

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ERDC Control Number: 25-3283A1

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(Source Selection information – See FAR 2.101 and 3.104-4)

Center/ District Reviews

I have reviewed this justification and have found it adequate to support other than full and open competition.

Name: Kimberly L. Dulaney Office of Small Business Programs Phone: (601) 634-3470 Email: Kimberly.L.Dulaney@usace.army.mil

Daniel Egger ERDC Office of Counsel Phone: 601-634-2260 Email: Daniel.l.egger@usace.army.mil

David Ammermann Contracting Officer Phone: (217) 373-4490 Email: David.G.Ammermann@usace.army.mil

Jennifer L. Kelley Chief, ERDC Contracting Phone: (256) 895-1605 Jennifer.L.Kelley@usace.army.mil

AMMERMANN.DAVID.

GORDON.1088832155

Digitally signed by

AMMERMANN.DAVID.GORDON.1088

832155 Date: 2025.07.21 17:13:45 -05'00'

EGGER.DANIEL

.L.1387367620

Digitally signed by

EGGER.DANIEL.L.1387367620

Date: 2025.07.23 09:10:35 -05'00'

DULANEY.KIMBERLY.L.12

99481464

Digitally signed by

DULANEY.KIMBERLY.L.1299481464

Date: 2025.07.23 09:29:37 -05'00'

KELLEY.JENNIFER.L.108333

Digitally signed by

KELLEY.JENNIFER.L.1083331255

Date: 2025.07.23 10:40:29 -05'00'

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SCO-ALX and Headquarter Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

ELIZABETH M. WHITE

HQ USACE Small Business Programs

REBECCA M. VANDINE

HQ USACE Technical Representative

DEENA G. BRAUNSTEIN

SCO-C&L, Office of Counsel

VANDINE.REBECC

A.MARIE.13831036

Digitally signed by

VANDINE.REBECCA.MARIE.138

3103653 Date: 2025.07.23 15:50:17 -06'00'

Deena Braunstein

Digitally signed by Deena Braunstein Date: 2025.07.23 17:22:35 -04'00'

WHITE.ELIZABETH

.MARIE.123122820

Digitally signed by

WHITE.ELIZABETH.MARIE.1231

228205 Date: 2025.07.24 08:12:01 -05'00'

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Justification and Approval for Other than Full and Open Competition

FAR 6.302-1(a)(2)(iii)(B)

1. Contracting Activity: The Engineer Research and Development Center Contracting Office (ECO) is located at the US Army Engineer Research and Development Center (ERDC), 3909 Halls Ferry Road, Vicksburg, MS 39180-6199.

2. Description of Action: Amendment 1: The original justification to modify contract number W912HZ-24-C-0046 was approved on 17 April 2025. This document has been revised to reflect a cost error identified within the Independent Government Cost Estimate (IGE) and an error identified within the Performance Work Statement (PWS) for the period of performance for Site 2. An error was identified within the IGE amounts for the Otay Mesa (Site I)- Maintenance Labor, Santa Teresa (Site II)- Maintenance Labor, and Site Agnostic Tasks. The IGE amounts included anticipated costs for a 6-month period of performance vs the required 12-month period of performance. An error was also identified within the PWS for the period of performance for Site 2 tasks. The PWS stated that an additional 6 months was required for Site 2 tasks, which was incorrect; the PWS should have stated that an additional 12 months was required for Site 2 tasks. Revisions are in association with the changes and additions are marked throughout the document to include strikethroughs and underlined red text.

The ERDC requests to issue a modification to previously awarded contract number W912HZ-24-C-0046 which was awarded on 18 July 2024 as a Cost Plus Fixed Fee (CPFF) contract on a sole source basis. Contract number W912HZ-24-C-0046 was awarded to Raytheon BBN Technologies Corp., now known as, RTX BBN Technologies Inc. (CAGE:

3U6L5) in the amount of to procure the required services for the update, repair, and service components of the existing Border Tunnel Activity Detection System - Point (BTADS-P) prototype system installed in two test locations. However, during the evaluation and testing of the BTADS-P system, various follow-on maintenance tasks were identified that are now required for the successful repair and refurbishment of the system. These tasks were not anticipated or known at the time of the base contract award. Additionally, the sponsor, U.S. Customs and Border Protection (CBP) has requested two (2) software updates to the system prior to their evaluation period. The subject contract has been fully funded in the amount of . Therefore, the ERDC-GSL is requesting to modify the subject contract to add the additional work valued at for the required software updates and the completion of the additional maintenance tasks required during the test and evaluation (T&E) period. The current period of performance is fourteen months.

The resultant modification will extend the period of performance by twelve months from date of modification. Civil (96) funds will be utilized for this modification. The fixed fee/profit for this requirement is and was established at the time of initial contract award.

The table below provides a detailed breakdown of the contract line item number (CLIN) structure for contract W912HZ-24-C-0046 as well as anticipated adjustments that will be made with the proposed modification.

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beginning stages of this project. The site specific tasks have not yet been completed.

Therefore, additional time is required to complete the tasks. All changes and additional tasks that are being included as a result of this out of scope change modification are listed below:

TASKS

4.1 Site 1 Specific Tasks (18 months)

4.1.1 Routine Maintenance, to include:

4.1.1.1. Site specific travel for cleaning

4.1.2 TPF and Network Maintenance, to include:

4.1.2.1 Site specific travel for TPF/Network Maintenance

4.1.3 Field Hardware Maintenance, to include:

4.1.3.1 Site specific travel for hardware maintenance

4.1.3.2 Replace, repair, reactivation, retune

4.1.3.3 Coordinating and shipping to/from hardware manufacturer

4.1.4 Spare Parts Site 1

4.2 Site 2 Specific Tasks (12 months) (18 months)

4.2.1 Routine Maintenance, to include:

4.2.1.1 Site specific travel for cleaning

4.2.2 TPF and Network Maintenance, to include:

4.2.2.1 Site specific travel for TPF/Network Maintenance

4.2.3 Field Hardware Maintenance, to include:

4.2.3.1 Site specific travel for hardware maintenance

4.2.3.2 Replace, repair, reactivation, retune

4.2.3.3 Coordinating and shipping to/from hardware manufacturer

4.2.4 Spare Parts Site 2

4.3 Program Management, to include:

4.3.1 Finalization of CDRLS

4.3.2 Finalization of SAT reports

4.3.3 Monthly Program meetings

4.4 Over and Above Requirement- Site 1- Optional

4.5 Over and Above Requirement – Site 2 – Optional

4.6 Site Agnostic Tasks (12 months)

4.6.1 Plan of Action and Milestones (POAM) repairs Site 1

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4.6.2 Routine software and stabilization updates/bug fixes

4.6.3 Operational Data Support

4.6.4 Manual Investigation Software Update (Software Services for Site 1 and Site 2)

4.6.5 Tunnel Activity Cueing Tool (TACT) Update (Software Services for Site 1 and Site 2)

4. Authority Cited: 10 U.S.C. 3204(a)(1) as implemented in the FAR 6.302-1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements. In accordance with 6.302-1(a)(2)(iii)(B) services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited:

a) Background: Reference the original Justification and Approval document for contract

W912HZ-24-C-0046 which is provided as an attachment to this document. The Border Tunneling Activity System - Point (BTADS-P) was developed by BBN Technologies Corporation under contract number W912HZ-08-C-0042 for the US Army Corps of Engineers (USACE), ERDC. RTX BBN Technologies, Inc. is now a part of Raytheon.

The BTADS-P and its predecessor Tunnel Activity Detection System (TADS) are seismic-acoustic monitoring systems that have been deployed within the Contiguous United States (CONUS) and Outside the Contiguous United States (OCONUS) sites since 2008 and have been highly successful in detecting and localizing tunneling activity (access/egress) in both border and perimeter (enclosed compound) configurations. The BTADS-P system had not received any major repairs or renovations since its installation in 2019.

Contract number W912HZ-24-C-0046 was awarded on a sole source basis to Raytheon BBN Technologies Corp., now known as, RTX BBN Technologies Inc. (CAGE: 3U6L5) on 18 July 2024 in the amount of to procure the required services for the update, repair, and service components of the existing Border Tunnel Activity Detection System - Point (BTADS-P) prototype system installed in two test locations.

Modification P00001 to contract number W912HZ-24-C-0046 was issued on 05 November 2024 to change the contractor’s name from Raytheon BBN Technologies Corp to RTX BBN Technologies, Inc. and to add the requested verbiage within the PWS for clarification for invoicing purposes.

Modification P00002 to contract number W912HZ-24-C-0046 was issued on 16 December 2024 to extend the period of performance for CLINs 0001, 0002, 0003, and 0006 through 30 September 2025 at no additional cost to the government.

Monthly software scans are required in accordance with the CBP’s cyber security specifications. Changes will potentially be required each month in order to stay within the CBP’s cyber protocols under the Authority to Operate. CBP requires one year of testing

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following the successful repair of the system which is what drives the overall schedule and task duration timelines for completion. The next evaluation period is expected to occur as soon as the required repairs and software updates can be completed. Once the required repairs and software updates have been completed, the CBP will require the system to run daily for one year as an evaluation period. CBP will utilize the system daily to assess the accuracy of the system and to determine if the system is detecting and monitoring the area appropriately. CBP will then conduct specific test and evaluation targeted assessments once a month.

b) Justification: Raytheon BBN Technologies, now known as RTX BBN Technologies Inc, and the ERDC hold a joint patent for the original BTADS-P system design (US Patent Number 8,659,424 "Subsurface Intrusion Detection System"). However, when the initial contract for the development of the system was negotiated, the USACE did not obtain rights to a complete software data package that would enable competition for this system update. The original BTADS-P software that runs the system is not owned by the United States (U.S.) government. It is owned by RTX BBN Technologies Inc. The ERDC holds a joint patent for the base algorithms from the original BTADS system which does not include the software data package. It also does not allow ERDC or the government to allow another vendor to supply maintenance to the software or hardware. As a result, RTX BBN Technologies Inc. holds the rights to the software used to operate the BTADS- P. Therefore, any changes, repair, or maintenance to the software and any testing of the system would require the support of RTX BBN Technologies Inc. No other vendor has access to the proprietary source code required to make upgrade, repairs, or maintenance to the system and to perform the required testing of the update. Contract W912HZ-24-C- 0046 was issued to RTX BBN Technologies Inc. to procure services for the update, repair, and service components of the existing Border Tunnel Activity Detection System - Point (BTADS-P) prototype system. The system was installed under previous contract W912HZ-08-C-0042. During the initial system acceptance testing for contract W912HZ- 24-C-0046 for the system update, several maintenance issues were identified which require repair before final acceptance can be obtained from CBP. The CBP also identified two software upgrades which are required in order to move forward with the repair and update of the BTADS-P system.

c) Alternatives: There are no technical alternatives for the reasons noted above. There are no acquisition alternatives as this modification to the existing contract is imperative for the continued development of a major system and award to any other source would result in unacceptable delays and mission failure. The government’s intent is to have a fully operable system when the contract is complete. Issuing a new contract or the development of a completely new system would require major funding and excess time and would not fulfill the agency requirement to update the existing BTADS-P system. In order to issue a new contract or develop a completely new system, the anticipated cost would be approximately and it would take at least five years for a new vendor to fully understand and design a new system. There is also not enough physical space at the current location to install a completely new system. This is because the easement in the current location is limited and the sensors required for this

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system have to be a certain distance apart to work efficiently. There is not enough room for a new system to be installed at the current location without completely destroying the existing system. It would also result in schedule delays which are not acceptable.

Additionally, the data from the existing BTADS-P system feeds into the Cross Border Tunnel Threat (CBTT) and Persistent Surveillance and Detection Program (PSDP) to assist both CBP and Department of Defense in the acquisition decision-making. The BTADS-P is the only system compatible with the other tunnel detection systems created by the ERDC for soldier use that is being adapted and expanded for civilian use. Thus, issuing a new contract or attempting to create a new, separate system with similar capabilities would risk the possibility of the new system not being compatible with the other tunnel detection systems resulting in time and money wasted by the government.

Therefore, it has been determined to be in the government’s best interest to issue a modification to the existing contract instead of issuing a new contract or attempting to procure a new system.

d) Impacts: GSL and CBP utilize the BTADS-P physical system for detection and monitoring of tunnel construction activity on the US Southwest Border. If the ERDC is unable to update, repair, and service components for the BTADS-P system utilizing the existing contractor, RTX BBN Technologies Inc., this will result in delaying the Government’s ability to further develop the existing system and deploy the tool to the Warfighter in a timely manner, which is unacceptable.

The cost required for USACE to purchase the complete set of software data necessary to conduct a competitive solicitation is not expected to be recovered by the use of competition. The Customs and Border Protection Agency is interested in updating a proven, existing tunnel detection system in part due to the economy inherent in modernizing an existing system instead of creating a separate new system. Without ownership to the rights to the software used to operate the BTADS-P, the only remaining avenue for the use of competition would be to create a new, separate system with similar tunnel detection capabilities. However, as stated above, the development of a completely new system would require major funding and excess time and would not fulfill the agency requirement to update the existing BTADS-P system. The cost of purchasing a new system is estimated to be around five times the cost of this modification; or approximately . There is also not sufficient space in the easement at the current location to install a new system. Additionally, the data from the existing BTADS-P system feeds into the Cross Border Tunnel Threat (CBTT) and Persistent Surveillance and Detection Program (PSDP) to assist both CBP and Department of Defense in the acquisition decision-making. Thus, the BTADS-P is the only system compatible with the other tunnel detection systems created by the ERDC for soldier use that is being adapted and expanded for civilian use.Therefore, failure to obtain the required update, repair, and service components for the existing BTADS-P system including the additional maintenance tasks and the two software updates requested by CBP prior to their evaluation period would be detrimental to both the Warfighter and the ERDC’s missions.

It would also result in significant financial loss and would cause the upgrade, repairs, and maintenance to the BTADS-P system to be incomplete leading to overall mission failure.

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6. Efforts to Obtain Competition: There is no competition for this requirement as this is a modification to an existing contract which was awarded on a sole source basis.

In accordance with FAR 5.201 and 5.207(c)(15), a notice of intent (NOI) to sole source to Raytheon BBN Technologies Corporation was posted to the Government-wide point of entry (GPE) SAM.gov prior to award of the base contract. The NOI was posted on 23 February 2024 with a response date of 08 March 2024. All interested responsible sources were informed that they could submit a capability statement including their experience and past performance, a proposal, or a quotation demonstrating their ability to provide the requirement for consideration by the ERDC. The notice of intent closed on 08 March 2024.

No responses were received. Another NOI to sole source to RTX BBN Technologies Inc.

was posted on SAM.gov for the out of scope change modification on 20 March 2025 with a response date of 27 March 2025. All interested responsible sources were informed that they could submit a capability statement including their experience and past performance, a proposal, or a quotation demonstrating their ability to provide the requirement for consideration by the ERDC. No responses were received from this notice.

a) Effective Competition: There is no competition anticipated for this requirement as this is a modification to an existing contract and no responses were received from the NOI which was posted prior to the award of the base contract or from the NOI which was posted on 20 March 2025 for the subject modification. See section 8, Market Research for additional details.

b) Subcontracting Competition: RTX BBN Technologies Inc. is a large business concern.

The estimated price for this requirement is which is more than the $750,000.00 threshold required for submitting a subcontracting plan. Therefore, in accordance with FAR 19.702(a)(1)(i), submission of an acceptable subcontracting plan will be required with this modification.

7. Actions to Increase Competition: In accordance with the previous Justification and

Approval document for the BTADS-P Maintenance Contract W912HZ-24-C-0046 (ERDC Control Number: 24-3030) and in an effort to increase competition, the ERDC completed thorough market research over the past year which has included monitoring pertinent websites, reviewing current literature, and posting a notice of intent to sole source the required work for the subject scope change modification to RTX BBN Technologies Inc.

on SAM.gov. No responses were received for this notice.The ERDC will continue to remain watchful for new and innovative technology, products, services, and capabilities that become available which could be used to satisfy or improve similar future requirements. The Government will continue to review the current literature, monitor university-based laboratory websites, and review vendor abilities to meet this requirement in the future.

8. Market Research: Market research was conducted in January 2025 in accordance with FAR Part 10 by reviewing sources in industry (FPDSNG, SAM.gov, Google.com), reviewing

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previously awarded contracts (W912HZ18C0008.W912HZ20C0044, W912HZ24C0046), and obtaining input from GSL Subject Matter Expert, Dr. Jennifer Picucci. As stated above, the ERDC and RTX BBN Technologies, Inc. hold a joint patent for the original BTADS-P system design and when the initial contract for the development of the system was negotiated, the USACE did not obtain rights. RTX BBN Technologies Inc. holds the rights to the software used to operate the BTADS-P and is the only company capable of providing any testing of the system or repair and maintenance to the software. A NOI to sole source to RTX BBN Technologies Inc. was posted on SAM.gov for this out of scope change modification on 20 March 2025 with a response date of 27 March 2025. No responses were received from this notice. Thus,RTX BBN Technologies, Inc., a large business concern, is the only company capable of providing the required BTADS-P system maintenance services and is the only company capable of meeting the government’s unique requirement. Therefore, it is recommended that the required services for the out of scope change modification be awarded on a sole source basis to RTX BBN Technologies Inc. through contract number W912HZ-24- C-0046.

9. Interested Sources: To date, no other sources have written to express an interest. At the time of the base contract award and in an attempt to acquire interested sources other than RTX BBN Technologies Inc., information regarding this procurement was posted at the GPE, the SAM.gov website on 23 February 2024. No responses were received from this notice.

Another NOI to sole source to RTX BBN Technologies Inc. was posted on SAM.gov for the subject out of scope change modification on 20 March 2025 with a response date of 27 March 2025. All interested responsible sources were informed that they could submit a capability statement including their experience and past performance, a proposal, or a quotation demonstrating their ability to provide the requirement for consideration by the ERDC. No responses were received.

10. Other Facts:

a) Procurement History: The BTADS-P was developed by BBN Technologies Corp.

under contract #W912HZ-08-C-0042 for the USACE, ERDC. BBN Technologies is now a part of Raytheon. There is a joint government patent for the single processing of BTADS-P; ERDC and RTX BBN Technologies Inc., have continued to work jointly on this system.

i. Previous contracts: Previous ERDC contracts with Raytheon BBN Technologies Corporation (now known as RTX BBN Technologies Inc.) since FY08 are listed below.

W912HZ-08-C-0042- awarded to Raytheon BBN Technologies Corporation on a full and open competitive basis through the Broad Agency Announcement (BAA) Program in the amount of

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Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

iii. Previous Justification Actions to Increase Competition:

Due to the swift advancements applicable to research and development, ERDC must remain watchful for new and innovative technology, products, services, and capabilities that become available which could be used to satisfy or improve similar future requirements. The Government will continue to review the current literature, monitor university-based laboratory websites, and review vendor abilities to meet this requirement in the future.

iv. Prior Use of Full and Open Competition:

Not applicable. The prior contract for this requirement was established by utilizing other than full and open competition.

v. Unusual Patterns: There are no unusual patterns regarding this requirement.

vi. Previous Justification and Significant Changes:

There have been no significant changes to the overall objectives of the subject contract W912HZ-24-C-0046 for the upgrade, repair, and maintenance of the existing BTADS-P system. However, several additional maintenance tasks and two software updates were identified during the system evaluation and testing which are now required for successful completion of the system upgade, repair, and maintenance. The additional maintenance tasks and two software upgrades were not anticipated or known at the time of the base contract award and were identified during the system acceptance testing (SAT).

b) Other Facts:

i. The original Justification and Approval document, for W912HZ-20-C-0044, stated that the contract was anticipated to be a Firm Fixed Price (FFP) contract. However, it was later determined to be in the government’s best interest to award a Cost Plus Fixed Fee (CPFF) contract for this requirement. Therefore, a Contract Type Determination and Findings (D&F) document was completed and approved in July 2024. Therefore, Contract W912HZ-24-C-0046 was issued as a CPFF contract.

ii. Contract W912HZ-24-C-0046 includes two optional line items for over and above work for site 1 and site 2. Over and above work is work discovered during the course of performing overhaul, maintenance, and repair efforts that is within the scope of the contract. The over and above options included in the contract are for tasks for Site 1 and Site 2, and do not include the new, out of scope work for “Site Agnostic Tasks”.

Therefore, it cannot be executed under the Over and Above Requirement Options.

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11. Technical Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Shaun Stanton Research Scientist Phone: (601) 634-7443

12. Requirements Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Jennifer Picucci Senior Research Mathematician Phone: (601) 529-9978

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on cost analysis, market research conducted, previously awarded similar contracts, and comparison of the proposed price with the Independent Government Estimate (IGE).

Procuring Contracting Officer

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Procuring Contracting Officer

STANTON.SHAUN.

R.1270262305

Digitally signed by

STANTON.SHAUN.R.1270262305

Date: 2025.07.17 08:34:11 -05'00'

PICUCCI.JENNIFE

R.R.1395192244

Digitally signed by

PICUCCI.JENNIFER.R.1395192244

Date: 2025.07.21 10:23:12 -05'00'

AMMERMANN.DAVID.GORD

ON.1088832155

Digitally signed by

AMMERMANN.DAVID.GORDON.1088832155

Date: 2025.07.22 10:07:48 -05'00'

AMMERMANN.DAVID.

GORDON.1088832155

Digitally signed by

AMMERMANN.DAVID.GORDON.

1088832155 Date: 2025.07.22 10:34:29 -05'00'

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(Source Selection information – See FAR 2.101 and 3.104-4)

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the out of scope change via contract modification for the Border Tunnel Activity Detection System Maintenance from RTX BBN Technologies Inc. on an other than full and open competition basis pursuant to the authority of FAR 6.302-1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements, in accordance with 10 U.S.C.

3204(a)(1) in the estimated amount of subject to the availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

LILLIAN T. WATSON

Alternate Advocate for Competition – Centers and Labs

WATSON.LILLIAN.

TAYLOR.12707789

Digitally signed by

WATSON.LILLIAN.TAYLOR.1270

778964 Date: 2025.07.24 09:48:40 -04'00'