LSJ 782022.pdf

U.S. Customs and Border Protection

Limited-Sources Justification (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020

Date: July 8, 2022 PR Number: 20131999

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C.

152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity.

US Customs and Border Protection (CBP), Office of Intelligence (OI), proposes to enter into an order with Grey Ghost LLC. on a basis other than full and open competition.

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

CBP has a requirement on a sole source basis for specialized training services at an estimated cost of $604,747.00. The proposed contractor for these services is:

Grey Ghost LLC.

11363 N. Government Way Hayden, ID 83835-9674

(910) 623-0087

DUNS: 021903264

GSA Contract #47QREA20D000K

3. Description of Supplies/Services.

The requirement is to provide Confidential Human Source Handler Operations Course (CHS-HOC) training to CBP agents and officers on the appropriate human intelligence tradecraft to apply in a border security-focused, law enforcement environment. Training services will provide students with knowledge of CBP policies and procedures regarding the identification, management, documentation, and knowledge and application of all phases of the source recruitment cycle, within the parameters of the CBP CHS Policy. Through instruction and iterations of CBP-centric practical exercises conducted in the classroom, mock training environments, and field locations, this course will establish the knowledge and skills necessary to ensure legal, ethical, and effective handling for the purpose of collecting information while ensuring the safety of CBP officers and their sources.

These training services will cover one (1) class beginning 8/2/2022 and concluding 9/1/2022.

4. Authority and supporting rationale.

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) section 8.405-6(a)(1)(B) "Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized."

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

The existing training was originally developed by Grey Ghost and customized for CBP’s unique mission of protecting the country’s borders. Sole sourcing this requirement to Grey Ghost allows CBP to continue to meet security-sensitive mission requirements and alleviate any potential gaps in http://uscode.house.gov/ training. Having developed and previously supported delivery of the training for CBP, Grey Ghost has the first-hand experience and familiarity with the content, exercises, and evaluation plans, as well as fully trained personnel ready for immediate insertion into the classroom.

6. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The Contracting Officer obtained pricing that had been established by Grey Ghost LLC ahead of this requirement that was provided to CBP for future reference. The resulting order will be awarded under a GSA Schedule contract, whose rates have been determined to be fair and reasonable.

7. Descrpition of Market Research

Comparative Marketplace Data Analysis was conducted by CBP, reviewing the capabilities of firms.

No other companies demonstrated border security-focused, law enforcement human intelligence collection training delivery experience or expertise.

CHS-HOC is highly customized and specialized training and as a result, market research focused on the main source capable to seamlessly transition in and start the contract immediately upon award.

Grey Ghost provides targeted law enforcement intelligence curriculum design, instructor/delivery support and e-Learning support.

8. Any other facts supporting the limited-sources justification.

Not obtaining this training session from Grey Ghost would result in the duplication of efforts, delay in training delivery to the next fiscal year, and costs outside CBP’s budget for new support to review the curriculum and train the trainers for classroom instruction on the material.

The operational impact to CBP’s program will be profound if the training session is not delivered as scheduled with experienced support, reducing the CBP-collected human source reporting utilized to guide intelligence-driven operations to meet complex, networked, and evolving threats by applying CBP-specific authorities to areas of responsibility in the air, land, and sea environments.

9. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made. Include a statement of actions taken or that will be taken to increase competition for future acquisitions of the same item/service (e.g., the government intends to revise overly restrictive technical specifications, acquire data rights, or pursue some other means to increase future competition). Posting requirements may also be addressed here or in #9 below.

Through market research, CBP will continue to research firms that are capable of providing these training services to CBP over the long term. CBP is compiling the necessary documentation to establish a competitive Blanket Purchase Agreement (BPA) to provide multiple CBP-centric intelligence courses over a multi-year term. Through this long-term arrangement, CBP will be in a better position to compete a contract as CBP can recoup transition delays across a longer period.

10. CBP intends to post this requirement on Sam.gov pursuant to FAR 8.405-6(a)(2)(i)

11. Technical/Requirements Personnel Certification:

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

______________________________ July 8, 2022 Technical Representative/COR Date

12. Contracting Officer Certification and/or Approval: *

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and to the best of my knowledge and belief.

Contracting Officer Date

*Note: In accordance with FAR 8.405-6(d)(1) for proposed BPAs or orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $750,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.