LGDS Technology Support Services JA_05.21.2020_SIGNED.pdf

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

Authority 41 U.S.C. 3304(a)(1)

1. Agency and Contracting Activity.

Department of Homeland Security, Customs and Border Protection (CBP), Office of Acquisition in support of the U.S. Border Patrol’s Program Management Office Directorate, proposes to enter into a contract with Sintela, Inc. on a basis other than full and open competition.

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

(a) Type of action: Sole source award to maintain commercial Linear Ground Detection Systems previously purchased under DHS Commercial Solutions Opening Pilot Program (CSOP) Contract CSOP-BP-20000000246, utilizing the authority of National Defense Authorization Act (NDAA

880) for Fiscal Year 2017, Title VIII, §880 (Public Law 114-328).

(b) Amount: $875,970.04 for a base year performance period. Two one-year options will be included for a total estimated value of $6,402,452.01.

(c) Year of Funding: FY20

(d) Type of Contract: Firm Fixed Price with Time & Material, as needed

(e) Proposed Contractor:

Sintela, Inc.

1800 West Loop South Suite 1755

Houston, TX 77027

3. Description of Supplies/Services.

The requirement is to provide full life cycle support for CBP’s Linear Ground Detection System (LGDS). The life cycle support will include preventative maintenance, unscheduled maintenance, algorithm support, training support, installation/commissioning of the systems, and warranty. The LGDS is a new technology that will provide for significantly enhanced situational awareness for cross-border intrusions in certain important parts of Border Patrol’s southern border surveillance network, which will fill critical coverage gaps in different regions.

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

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

Sintela is the Original Equipment Manufacturer (OEM) of the LGDS system, previously procured under a CSOP announcement. The LGDS system must be installed, commissioned, and training provided by the OEM, as the system’s hardware and software are proprietary to Sintela. As the OEM, Sintela is the only vendor with the requisite knowledge and expertise to perform the services described herein. Additionally, the procured LGDS system shall be serviced and repaired by the OEM, as they are the developer and manufacturer of the proprietary hardware and software. Another maintenance provider would have to acquire knowledge of the vendor’s proprietary system, and relevant data rights, in order to perform required maintenance. Furthermore, the maintenance and repairs, which requires replacement parts would have to be obtained and configured by the OEM.

Sintela is also the only provider for fully configured on-site spares that will improve operational availability of the LGDS in the event of equipment outage. Other vendors would be required to obtain warranty parts from Sintela. Any contracting arrangement for this requirement would require Sintela’s participation, and associated pass through costs will increase the burden on CBP’s available funding without providing any additional benefit. The required ancillary services were intended to be procured through the referenced CSOP contract, but a revision to the NDAA 880 legislation prevented the agency from acquiring commercial services under the resulting CSOP contract. Given these services are necessary for Border Patrol to make the purchased equipment operational and fully integrated into the CBP network, Sintela is uniquely qualified to perform the services.

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

A Notice of Intent to award a sole source contract for the LGDS Lifecycle Support Services was posted on Federal Business Opportunities (www.fbo.gov) website on April 23, 2020, with responses due by May 15th, 2020. No responses have been received to date.

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 the Governments negotiation objectives and ensuring labor rates are within a reasonable range compared to other commercial labor rates for similar labor categories. Additionally, the Contracting Officer will perform Price Analysis in accordance with FAR 15.4 to ensure that the negotiated contract price will be fair and reasonable. Historical pricing data, escalation factors, and the Independent Government Cost Estimate will be used to assist with determining the price to be fair and reasonable.

8. Description of Market Research.

A General Solicitation utilizing the procurement authority under the National Defense Authorization Act (NDAA 880) for Fiscal Year 2017, Title VIII, §880, Public Law 114-328 (hereinafter, § 880) was announced in July, 2019 to solicit industry for LGDS technology solutions. As a result of the solicitation, there were twenty-four (24) respondents proposing various technology solutions. It was originally intended that CBP would acquire ancillary services in support of the equipment on each contract, but § 836 of the National Defense Authorization Act of FY2019 revised the NDAA 880 language, removing the acquisition of services from the authority. As a result, the Agency was left to acquire services on a sole source basis, which is the purpose for this Justification and Approval.

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

N/A

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

No vendors have expressed interest in providing for the Lifecycle Support Services requirement required for the LGDS technology procured under CSOP contract CSOP CSOP-BP-20000000246.

http://www.fbo.gov/

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.

Competition is not available at this time and may be limited in the future due to the proprietary nature of the algorithm software which runs Sintela’s ONYX interrogator box. Without engineering knowledge of the proprietary software, vendors will not be able to properly bid for future operational maintenance support requirements.

12. Posting Requirement.

CBP will post this award on FedBizOpps pursuant to FAR 6.305.

► J&A CERTIFICATIONS

13. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office: CBP, Program Management Office Directorate Name: (Print): Mr. William “Tim” Franklin Title: Linear Ground Detection System Program Manager

Signature: _______________________________

14. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

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.

Name (Print): Joshua J. Bedregal Contracting Officer

Signature: ________________________________

* In accordance with FAR 6.304(a) (1), CO certification of a J&A for a requirement not exceeding $700,000 shall constitute approval of the J&A.

► J&A APPROVALS

17. COMPETITION ADVOCATE (Per FAR 6.304(a) (2) - Above $700,000)

Approved Disapproved

Name (Print): Richard K. Gunderson Competition Advocate

Signature: ___________________________